Death penalty a study of retributive justice vis a vis human rights of the convicts

Abstract

The present study is the result of comprehensive research work based on primary and secondary data. The research work focuses on the problems pertaining to the judicial conundrums in death penalty cases. The focus has been put on various International Conventions, Protocols, and International Treaties, Constitutional provisions and procedural reforms. The research highlights the application of the rarest of rare doctrine, the delay in carrying out Death sentence, factors considering for awarding the death penalty. Empirical analysis of the primary data is conducted through questionnaire wherein inputs were taken from the legal luminaries and academicians to gain insights and form conclusion that favour move towards abolition of the death sentence except in acts of terror that may pose a serious threat to national security. This research would hopefully assist the policymakers of India in drafting laws in the near future and would also hopefully encourage continuing further study in this area. newline