Reforming the Death Penalty in India: A Human Rights Perspective
- YourLawArticle
- Apr 2
- 1 min read
Authored by: Dr. Rajesh Anant Sakhare, Principal, Agnel School of Law
Abstract
The death penalty in India remains a contentious issue, with debates focusing on its moral, legal, and human rights implications. Retained for the “rarest of rare” cases, its application raises concerns about judicial arbitrariness, wrongful convictions, and fundamental rights violations. This paper examines the historical evolution of capital punishment in India, its judicial interpretation, and international obligations. It critically assesses the death penalty’s effectiveness as a deterrent and the necessity of legal reforms. With global trends shifting toward abolition, India faces growing pressure to reconsider its stance. The study highlights key judicial decisions and human rights frameworks opposing capital punishment. It also explores alternative sentencing models such as life imprisonment without parole, procedural safeguards, and alignment with global human rights standards. The paper concludes that while the death penalty is legally justified in extreme cases, its human rights implications and inconsistencies necessitate urgent reforms. A moratorium on executions and stronger due process mechanisms could serve as progressive steps toward a more humane justice system.
Keywords: Death penalty, human rights, judicial reforms, wrongful convictions, deterrence.
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