EXECUTION OR JUSTICE? INDIA'S STRUGGLE WITH CAPITAL PUNISHMENT

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Authors: Jiya Kothari
Cited by: 0

Abstract

The death penalty in India exists between the two opposing poles of judicial justice and human rights protection. This blog evaluates how India maintains the death penalty even though the Constitution provides equal rights and protects human dignity and life. The blog examines a fundamental question about capital punishment, which the Supreme Court of India considers under its "rarest of rare" doctrine. The argument overall asserts that the death penalty creates permanent outcomes that judges apply in unpredictable ways, thus destroying all notions of equitable justice. The blog asserts that capital punishment exists because it demonstrates fundamental failings in the Indian justice system, which requires an assessment of whether state-sanctioned killings can meet constitutional standards of human dignity.

Fields of Study & Subjects

Criminal Law and Policy Torture Ethics and Law Legal Rights and Human Rights

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
18 February 2026
Language
EN