Constitutionality Of Capital Punishment In India
- IJLLR Journal
- 22 hours ago
- 2 min read
Pragya Bhatnagar, Dr. Shakuntala Misra National Rehabilitation University
Introduction
Capital punishment, or the death penalty, refers to the practice where the state legally executes an individual as punishment for committing a serious crime. The punishment is often referred to as death sentence, and the act of carrying it out is called execution. A person awaiting execution is known as being on death row. Crimes punishable by death, often called capital crimes, include severe offences like murder, terrorism, treason, child sexual abuse, war crimes, espionage, genocide and major instances of kidnapping, rape, or drug trafficking.
The use of the death penalty is a subject of ongoing debate and controversy worldwide. In Europe, capital punishment is banned under Article 2 of the Charter of Fundamental Rights of European Union1, and the Council of Europe aims to completely abolish it among its 47 member states through Protocol 13, Article 1 of the European Convention on Human Rights2, although some countries like Armenia, Russia, and Azerbaijan have not signed this protocol. On the global scale, the United Nations has passed several resolutions calling for a moratorium on executions, encouraging countries to eventually abolish the death penalty. Despite many nations abolishing it, over 60% of the global population still resides in countries where the death penalty remains legal, including nations such as China, India, the United States, Pakistan, Iran, Saudi Arabia, and several others, particularly in the Middle East and Asia. China is believed to carry out more executions than any other country combined.
Capital punishment, also known as the death penalty, remains one of the most debated topics in India. It has a long history, deeply intertwined with the country’s legal system and moral philosophy. The question of whether it aligns with the Constitution of India has sparked numerous discussions among legal scholars, policymakers, and human rights advocates. To assess the constitutionality of capital punishment in India, it is essential to examine the provisions of the Constitution, judicial interpretations, and the broader moral and social implications.
