A COMPARITIVE ANALYSIS ON DEATH PENALTY IN INDIA, ICELAND AND DEMOCRATIC REPUBLIC OF CONGO

This paper undertakes a comprehensive comparative analysis of punishment systems especially
death penalty in India, Iceland, and the Democratic Republic of Congo (DRC), representing
three distinct penal paradigms: hybrid, rehabilitative, and retributive. Employing doctrinal and
comparative methodologies, the study evaluates statutory frameworks, judicial doctrines,
prison conditions, and implementation realities. It incorporates empirical data on prison
populations, overcrowding, and human rights indicators to assess the effectiveness of
punishment systems. The study finds that Iceland’s criminal justice system, grounded in
reformative theory, demonstrates superior outcomes in terms of humane prison conditions and
reintegration. India’s system reflects a complex hybrid model, constrained by systemic
inefficiencies such as judicial delays and overcrowding, with approximately 76% of inmates
being undertrials. In contrast, the DRC exhibits a predominantly retributive approach marked
by harsh prison conditions and continued reliance on capital punishment. The paper argues that
while punishment systems are shaped by socio-economic and political contexts, there is a
discernible global shift toward rehabilitation and human rights compliance. It concludes by
recommending structural reforms in developing jurisdictions to align punishment practices
with principles of proportionality, dignity, and justice.