Annie Zaidi, BA LLB (Hons.), Law College, Uttaranchal University, Dehradun
Prof. Amber Srivastav, Associate Professor, Law College Dehradun, Faculty of Uttaranchal University, Dehradun
ABSTRACT
This article provides a critical analysis of India's use of the death penalty, covering its ethical implications, historical foundations, and its efficacy and alternatives. Although the death penalty is reserved for the most serious offenses1, there is ongoing discussion about how effective it is at preventing crime, maintaining justice, and protecting human rights2.
The death penalty has extensive historical origins in India, having been influenced by colonial, religious, and cultural factors. With some exceptions, the death penalty has remained legal in independent India since it was established in the Indian Penal Code of 1860. The "rarest of rare3"theory was developed in the seminal case of Bachan Singh v. State of Punjab (1980)4giving judges direction when imposing the death penalty.
Deep-seated ethical questions about the death penalty have sparked discussions about justice, morality, and the inherent worth of life. Critics argue that the death penalty is against the laws against harsh, barbaric, or degrading punishment as well as the fundamental right to life.
Concerns over incorrect convictions, capricious sentence, and discrepancies in implementation highlight the additional ethical complexity associated with this. It's still unclear if the death penalty deters crime effectively. Although supporters claim that it has a deterrent effect and can be used as a form of punishment for serious crimes, empirical data on this claim is
1 law commission of India, available at https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2023/01/2023010534.pdf (visited on April 3,2024)2 Human rights and constitutionality of capital punishment available at https://sprf.in/constitutionality-of-capital- punishment-in-india/ visited on ( April 3 ,2024)3 Rarest of rare doctrine, available athttps://www.legalserviceindia.com/legal/article-726-the-doctrine-of-rarest- of-the-rare.html visited on (April 3 ,2024)4 Bacchan Singh Vs State of Punjab (1980 2 SCC 684, at para 161.
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Indian Journal of Law and Legal Research Volume VI Issue II | ISSN: 2582-8878
equivocal. Furthermore, research indicates that socioeconomic conditions, as well as the availability of job and educational possibilities, may have an impact on crime rates.
Rehabilitative and restorative justice5 are examples of alternative approaches to justice that prioritize social harmony and human dignity while providing more constructive and compassionate solutions to criminal activity. In order to alleviate harm and deter future violations, restorative justice ideas emphasize the need of rehabilitation, reconciliation, and community involvement. Options for alternative punishment6, such as life in prison with the potential of release, provide criminals a chance to change and reintegrate into society. The application of the death penalty in India7 has to be carefully considered in the context of changing social norms, human rights standards, and justice concepts. Ethical considerations must be taken into account while evaluating the death penalty, in addition to the gravity of violent acts and the necessity to provide victims with justice. India can make progress toward a criminal justice system that is more just, humane8, and efficient by investigating alternate.
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