Constitutionality of Death Penalty

  • Rudraksh Jain
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  • Rudraksh Jain

    Student at Vivekenanda Institute of Professional studies, India.

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Death penalty is one of the most debated, ancient forms of punishment in almost every society. Inflicting capital punishment on Rarest of the Rare case is a controversy that follows every judicial verdict. India has always been conflicted with the idea of capital punishment, but also realizes death penalty to be a vital punishment in the abolition of crime in society. Many great leaders and scholars like Dr. APJ Abdul Kalam and Justice Krishnan Iyer have opposed the idea of awarding death sentence. Justice Krishnan Iyer believes that it is futile to award death penalty even to a terrorist as it is foolish to think of it as a cure for terrorism, whereas Dr. Abdul Kalam himself has approved death sentence in some brutal cases during his presidential tenure. In my opinion, yes, there have been grave, gruesome, and brutal cases for instance 26/11 attack and the Nirbhaya case where the convicts deserved to die, but the question lies, do we deserve to kill them? Our constitution echoes the importance of life, so is it fair for the law to take away someone’s life? This research paper talks about the constitutional validity of capital punishment and landmark judgments on the said matter.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 731 - 737


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