Kashish Bhushan, Symbiosis Law School, Pune
ABSTRACT
India is a thriving nation, yet at the same time, crime rates are rising rapidly. Despite the fact that there are several laws in place to prevent and reduce crime, crimes continue to rise at an alarming pace since the penalties are insufficient. Discipline is necessary to slow down the rate of misconduct. The main goal of a discipline is to punish the wrongdoer, to make sure they must suffer the consequences of their actions, and to discourage others from acting wrongly by making them fearful of facing a similar punishment. Capital Punishment is regarded as the most severe discipline among the other ones that are enforced in India. Moreover, it is acknowledged as a genuine kind of discipline. This research article highlights the history of Capital Punishment in the Country, including a detailed account of its origins in Indian history, efforts to abolish it, and questions about why it is still practiced there. It also discusses the President and Governor's discretionary powers of compassion. In my work, I also provide evidence for a few other hypotheses, including one that asks, "Does the rarest of rare cases undermine the legitimacy of Article 21 of the Indian Constitution?" And how does the Indian people benefit from the death penalty? This essay attempts to provide the justifications for why the death penalty should be advocated and applied regularly to severe wrongdoers.
