CAPITAL PUNISHMENT IN INDIA: WHETHER IT IS SERVING ITS DETTERENT PURPOSE?
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Abstract
Capital punishment remains a contentious issue of our time, with passionate supporters and detractors, which is as it should be, since justifying the state’s power to take away a citizen’s right to life is indeed a crucial enough issue that it should be debated vigorously to ensure that such a weighty power is not handed over lightly. This paper seeks to contribute to this impassioned debate by laying out arguments for the justification of capital punishment as an effective and indispensable mode of punishment in the rarest of rare cases. The legitimacy of capital punishment is argued not only by presenting abstract arguments but also through case laws that substantiate its practicality. Even the manner in which the Rarest of Rare principle to be made applicable has been discussed analytically and finally the critical analysis has been portrayed with logical reasoning.
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