DEATH PENALTY FOR RAPE: DEBATE ON DEATH AS A DETERRENT SENTENCING POLICY IN INDIA

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Published: Apr 5, 2023
DOI: https://doi.org/10.52783/rlj.v11i3s.729
Keywords:
Capital Punishment Sexual Assault theory of Deterrence Rarest of the rare

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PRABHLEEN BATRA, NELSON NISHANT KUMAR, PRABHA LAMA, V. H. ASUDANI, RANJIT KUMAR MUKHERJE

Abstract

In order to deter criminal behaviour and make the offender pay for their actions, all punishments must have deterrent and punitive effects. Executing a criminal is what is meant by the death penalty. While it is permitted by law, doing so would violate Art. 21's protections for life and human dignity in India's constitution. This article provides a synopsis of the discussion around the death sentence in India. In addition, the background of the death penalty and the results of various Law Commission studies are detailed. The research's ultimate goal is dissected with discussions of the death penalty's many applications and various methods of execution. The research found that all verdicts granted in heinous crimes were reached with the general population in mind, leading to the conclusion that awarding a death sentence in the rarest of rare situations is rational and fair. Human rights are violated, and the report argues that the law should use some other kind of capital punishment instead. Case in point: mandatory life sentences.

Article Details

Issue
Vol. 11 No. 3s (2023): Exploring the Intersections of Law and Society: Critical Perspectives on Social Justice and Human Rights
Section
Criminal Law
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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Author Biography

PRABHLEEN BATRA, NELSON NISHANT KUMAR, PRABHA LAMA, V. H. ASUDANI, RANJIT KUMAR MUKHERJE

Prabhleen Batra1, Nelson Nishant Kumar2, Prabha Lama3, V.H. Asudani4, Ranjit Kumar Mukherje5

  1. Assistant Professor, School of Law, Graphic Era Hill University, Dehrudun, 248002,
  2. Associate prof, Department of FMT, Krishna Institute of Medical sciences, Krishna Vishwa Vidhya peeth, karad (MS).
  3. Department of Humanities and Social Sciences, Graphic Era Deemed To Be University, Dehradun, 248002,
  4. Associate Professor, Shri Ramdeobaba College of Engineering and Management, Nagpur, India,
  5. Department of Commerce, Graphic Era Deemed To Be University, Dehradun, 248002,

References

Bandes, Susan. (2008). Child Rape, Moral Outrage, and the Death Penalty.

Kandelia, Seema. (2006). Incestuous Rape and the Death Penalty in the Philippines: Psychological and Legal Implications.

Crocker, Phyllis. (2023). Crossing the Line: Rape-Murder and the Death Penalty.

Shivani,“ExecutionofcapitalpunishmentinIndia:Isitaviolationofhumanrights?”8IJAR254(2020).

Race,Rape,andtheDeathPenalty,availableat:https://deathpenaltyinfo.org/policy-issues/race/race-rape-andthe-death-penalty.

RachitaGarg,“LandmarkjudgmentsonoffencesagainstwomenundertheIndianPenalCode,1860”IBLOGPLEADER(2020)

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AIR 1983 SC 473

1979AIR185,1979SCR(1)810.

(1997) 6 SCC 241.

(2014) 4 SCC 427.

(2017) 6 SCC 1.

[1980] 2 SCR 864

(2005) 4 SCC 165

A.I.R. 1973, S.C 947