LIJDLR

Capital punishment

THE DEATH PENALTY IN INDIA: JUSTICE OR RETRIBUTIVE SENTIMENT

Volume IV Issue I /

THE DEATH PENALTY IN INDIA: JUSTICE OR RETRIBUTIVE SENTIMENT Tripti Mishra, 4th year Law student, Vijaybhoomi University (India) Nandita Dubey, 3rd year Law student, Vijaybhoomi University (India) Anuradha Padhy, Associate Faculty of Law, Vijaybhoomi University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.90 The death penalty remains one of the most divisive and morally complex issues in India’s criminal justice system. This research paper critically examines whether capital punishment serves the ends of justice or merely reflects society’s retributive instincts. Although the Supreme Court in Bachan Singh v. State of Punjab (1980) upheld its constitutionality under the “rarest of rare” doctrine, the doctrine’s inconsistent application raises serious doubts about fairness and equality before the law. The study draws on both primary data through surveys assessing public perception and secondary sources, including judicial precedents, scholarly writings, and empirical reports such as those by Project 39A and the People’s Union for Democratic Rights (PUDR). The findings reveal that a majority of respondents favor retaining the death penalty, often justifying it on grounds of deterrence and justice. However, deeper analysis suggests that such support largely stems from emotional and retaliatory impulses rather than rational belief in its deterrent value. The research also highlights how media sensationalism, political narratives, and public outrage influence judicial decision-making, often transforming justice into a performance to appease popular sentiment. Further, the disproportionate impact on marginalized and economically weaker sections exposes inherent biases within the system. The paper argues that the death penalty, as currently practiced, undermines constitutional values of dignity, equality, and due process. It concludes that India must move towards codifying clearer sentencing standards, strengthening legal aid, and eventually embracing humane alternatives such as life imprisonment without parole. In doing so, the criminal justice system would better align with global human rights principles and the evolving moral conscience of a democratic society.

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

Volume III Issue IV /

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

Volume III Issue I /

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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