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Capital punishment

CAPITAL PUNISHMENT AND REHABILITATION METHODS IN GANDHIAN VIEWS ON THE PRISON SYSTEM

CAPITAL PUNISHMENT AND REHABILITATION METHODS IN GANDHIAN VIEWS ON THE PRISON SYSTEM Dilsha.S, Research Scholar Department of Gandhian Thought and Peace Science, Gandhigram Rural Institute (DU), Gandhigram, Tamil Nadu, (India) Dr.R.Mani, Professor and HoD Department of Gandhian Thought and Peace Science, Gandhigram Rural Institute (DU), Gandhigram, Tamil Nadu, (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.175 The relationship between the death penalty and rehabilitation in the Indian criminal justice system is examined in this study, with a particular emphasis on Gandhian ideas. Despite ongoing discussions on its morality and legality, India has maintained the death sentence for the “rarest of rare” cases over time. According to Amnesty International (2021), there is insufficient proof to conclude that the death penalty deters significant crimes, despite its intended deterrent effect. Meanwhile, rehabilitation has become a more constructive and humane option. Programs including skill training, education, and counselling have been implemented in several Indian jails to reform offenders and lower the number of repeat offences (NCRB, 2022). The emotional and social effects of the death sentence on prisoners and their families are also highlighted by this study; these effects frequently result in social shame and chronic trauma. However, when done correctly, rehabilitation allows successful reintegration into society, better mental health, and personal transformation (UNODC, 2020). Additionally, the paper discusses the growing popularity of restorative justice techniques, which emphasize reconciliation and accountability above punishment. Mahatma Gandhi was adamantly against the death sentence, and his opinions form the basis of a significant portion of this study. He held that the goal of the legal system should be to heal, not to damage, and that no one is beyond reform. Gandhi’s focus on self-improvement, non-violence, and moral growth makes a strong case for meaningful rehabilitation in place of the death penalty (Gandhi, 1931). His theories urge society to view prisons as venues for change rather than as sites of retaliation. In light of contemporary criminal policy, this study revisits Gandhian ideas to make the case for a more humane and reform-focused approach to justice in India.

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EVALUATING THE RELEVANCE OF CAPITAL PUNISHMENT: A CRITICAL ANALYSIS OF JUDICIAL PRONOUNCEMENTS IN INDIA

EVALUATING THE RELEVANCE OF CAPITAL PUNISHMENT: A CRITICAL ANALYSIS OF JUDICIAL PRONOUNCEMENTS IN INDIA Kaifi Khan, 10th Semester, B.A.LL.B Student at Amity Law School Lucknow, Amity University Uttar Pradesh Abhishek Mishra, Assistant Professor at Amity Law School Lucknow, Amity University Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.19 This research paper critically evaluates the relevance of capital punishment in India by examining constitutional provisions, statutory frameworks, judicial precedents, and international perspectives. It analyses the evolution of the “rarest of rare” doctrine and explores the judicial inconsistencies in death sentencing. The paper highlights how procedural safeguards under the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita aim to restrict arbitrary imposition of the death penalty. It examines arguments both supporting and opposing capital punishment, drawing attention to the disproportionate impact on the poor and marginalised, the psychological trauma of prolonged death row incarceration, and the global trend towards abolition. The study underscores the shift in judicial thinking from retributive to reformative justice, favouring life imprisonment without remission as a constitutionally sustainable alternative. Drawing from comparative jurisprudence and human rights standards, the research concludes that capital punishment, while legally permitted, is increasingly seen as morally and pragmatically redundant. It proposes reforms aimed at structured sentencing, better legal aid, and a reconsideration of the death penalty’s place within a democratic and rights-based legal framework committed to dignity and justice. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 418-444. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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