DEATH PENALTY DEBATE IN CONTEMPORARY INDIA

Abstract

The legal issue involved in India’s death penalty debate hinges around its conformity with Article 21 of the Indian Constitution that accords right to life and personal liberty to all individuals. The right to life is interpreted by the Supreme Court to include the right to life with dignity and there is a question whether the death penalty, by its very nature, violates this core right. Although the United States Supreme Court has held capital punishment to be constitutional, it has insisted on fairness and due process in the sentencing process. This involves ensuring that the accused has effective legal representation, a fair trial and to be in a position to adduce all or any of the mitigation that should stand in the way of any imposition of the death penalty.