Death Penalty in India Deterrence or Violation of Human Rights

Abstract—The death penalty remains one of the most contested
forms of punishment within modern criminal justice systems. In
India, it is constitutionally permissible but restricted to the “rarest
of rare” cases. This article critically examines whether capital
punishment functions as an effective deterrent or constitutes a
violation of fundamental human rights. Through doctrinal and
analytical methods, the study evaluates constitutional provisions,
statutory frameworks, and judicial precedents alongside
criminological and human rights perspectives. The findings
suggest that empirical evidence supporting deterrence is
inconclusive, while concerns regarding arbitrariness, judicial
inconsistency, and irreversible error persist. The article argues
for a re-evaluation of India’s retentionist stance in light of
constitutional morality and evolving global human rights
standards.