Human dignity, stemming from right to life, does not end with death penalty. In this context, throw light on various controversies surrounding capital punishment in the country.
Main Body
Capital Punishment which is retributive form of justice has largely been debated from ethical standpoints.
Controversies surrounding capital punishment in India:
(A) Whether it should be retained?
(I) As per supreme court in final latest case i.e. Bariyar & Rawls case, 'rarest of rare' doctrine.
(II) As per Law commission, use it only when issue of national security, lack of remorse and crime against humanity.
(III) Although others say that no person is beyond reform and capital punishment only to people without capital.
(IV) International implication seen when germany refused to sign NEAT with India due to this provision.
(B) How to decide if capital punishment be given?
(I) Different opinions in Sangeet Haryana & Rawlje case regarding usage of Balance sheet theory.
(II) Enhancing and Mitigating factors used for same seperately.
Capital Punishment must only be used in rarest of rare clothline and reformative justice need of the hour.
Conclusion
Capital Punishment must only be used in rarest of rare clothline and reformative justice need of the hour.
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Page 5
Harsh Santosh Lodha
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Right to Life and Capital Punishment
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