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Published Paper Details:
Death Penalty in India- Analysing its effects and ethical considerations in India
Authors
Anoushka Saha
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Keywords
Death Penalty, Retention, Abolition, Capital Punishment
Abstract
This paper is based on the historical context of death penalty along with highlighting upon the constituent assembly debates along with the opinions of the renowned proponents. This paper deals with legal provisions which consist of the death penalty especially in Bharatiya Nyaya Sanhita. This paper also navigates on the validity of death penalty along with highlighting upon the "rarest of rare doctrine" by also focusing on the landmark judgements which emphasise upon the doctrine also balancing it with Article 21 of the constitution of India. The researcher also navigates the international perspective of death penalty which includes the human rights perspectives on death penalty highlighting on the International conventions. This paper also navigates the perspective of different countries on the death penalty highlighting abolitionist and retentionist point of view with regard to death penalty where the abolitionist side emphasises more on right to life of the offender and states that capital punishment is inhumane whereas the retentionist side contends that death penalty serves as a deterrent. The researcher emphasises upon the attitudes and psychological impact of the individuals who are involved in the death penalty process along with navigating on the psychological impact of the victims' families. This paper further discusses other punishments which can be imposed apart from the death penalty. Further, the paper makes some suggestions on the reformative methods alternative to death penalty and its implementation in the legal system. Lastly this paper inclines more on retaining the practice of capital punishment and does not favour abolishing the same.
IJCRT's Publication Details
Unique Identification Number - IJCRT2411714
Paper ID - 272989
Author type - Indian Author
Page Number(s) - g384-g393
Pubished in - Volume 12 | Issue 11 | November 2024
DOI (Digital Object Identifier) -
No Of Downloads - 126
Author Country - India, 412112, Lavasa/Pune, Lavasa/Pune, 412112, Others area
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Anoushka Saha, "Death Penalty in India- Analysing its effects and ethical considerations in India", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 11, pp.g384-g393, November 2024, Available at :http://www.ijcrt.org/papers/IJCRT2411714.pdf
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ISSN: 2320-2882 Impact Factor: 7.97 and ISSN APPROVED Journal Starting Year (ESTD) : 2013
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