The Evolution Of The 'Rarest Of Rare' Doctrine In Indian Jurisprudence: A Critical Analysis Of Supreme Court Judgments On Capital Punishment
- IJLLR Journal
- Sep 17
- 1 min read
Sneha S & Indhija L & Bala Murugan, KMC College of Law, Tiruppur
ABSTRACT
Capital punishment is an extremely divisive matter in jurisprudence, emphasizes the convergence of law, ethics, and societal structure. Whether the death penalty protects justice or compromises basic human rights is a topic of debate in the legal community. While utilitarians assess its deterrence effectiveness, retributivist theories defend it as proportionate punishment for grave crimes. However, critical and natural law viewpoints, which place an emphasis on justice, dignity, and changing social norms, cast doubt on its legitimacy. Concerns about discrimination and arbitrariness are brought up in the discussion, which also emphasizes judicial discretion, international human rights commitments, and constitutional morality. This essay examines the philosophical grounds for the death penalty, its applicability today, and the conflict between morality and the rule of law by examining it from a variety of jurisprudential perspectives.
