The Evolving Interpretation Of The Right To Life In The Context Of The Death Penalty
- IJLLR Journal
- Mar 14
- 2 min read
V.C. Sukumar, B.CA. LL.B. (Hons.), Tamilnadu Dr. Ambedkar Law University (SOEL)
Sukashini. K, B.CA. LL.B. (Hons.), Tamilnadu Dr. Ambedkar Law University (SOEL)
ABSTRACT
In the 21st century the death penalty has been abolished in most of the countries. The basis for the abolishment of the death penalty is that the innocent should not be the prey for such punishment. Of course we are opposing the death penalty but with respect to the seriousness of the crime it has to be given if the appropriate evidence is proved before the court of law. Even though our Indian Constitution does not support the death penalty, we are in the era to give the death penalty where Even our recent law Bharatiya Nyaya Sanhita, 2023 has imposed capital penalty for heinous crimes as numbers of rape cases, murder for gain cases, etc. has been increasing day by day. To avoid such crimes there is no way left than the capital punishment. Although it is necessary to take in hands the retributive theory of punishment for all such heinous crimes that has been happening around our state (India) there comes the questioning of the right to life of the accused. The debate involves in death penalty remains unpredictable, and the Supreme Court’s approach has been mixed opinion, as analysed from its judgements. However, it is necessary to develop a depth understanding towards the value of human life and to endeavour towards a judicial system that works with principles of fair and natural justice. This paper aims to analyse the evolving interpretation of right to life in the context of death penalty with on-going issues and debates with landmark judgements. The importance is laid upon the discussion of death penalty with accordance to the provisions of the Indian Constitution and Bharatiya Nyaya Sanhita, 2023. This paper will provide an in-depth analysis of the facts and reports along with the strategies and recommendations for elucidating the concept of the death penalty.
Keywords: death penalty, heinous crimes, right to life, interpretation, natural justice
