Capital Punishment Vis-À-Vis Right To Life: A Critical Study

Revanth Reddy Chintam & Sai Ananya Mysore, B.B.A. LL.B, Symbiosis Law School, Hyderabad

ABSTRACT

The Research paper is titled, “Capital punishment vis-à-vis Right to Life: A Critical Study” itself conveys that it tries to establish a critical analysis of how the provision of death penalty is contradictory to the most significant fundamental right i.e., the “Right to life”. However, the scope of research is mostly restricted within the jurisdiction of India but various aspects from around the globe were also included. The researcher aims to provide insights of Capital punishment with regard to Right to life with help of case law analysis and Socio-Legal principals by various Organisations like the United Nations (UN). The researcher in this paper will be giving a critical analysis of the Law Commission Report discussing various aspects of Capital punishment with relation to “Article 21 of the Indian Constitution”. The 36th Law Commission Report was submitted and published in 1967 to the Central Government in which an extensive study on death penalty was carried out and the argument with regard the same were concluded at page no 354 of the Report. The researcher will also be discussing about the constitutional validity of Capital punishment. Lastly, this Research paper will also include insights of Indian Statues and sections of law dealing with death penalty and the crimes for which they are executed under it.