International Journal of Law


International Journal of Law
International Journal of Law
Vol. 7, Issue 2 (2021)

The edifice of capital punishment


Bhawna Mehta

The question whether or not death penalty serves any penological purpose is a difficult, complex and intractable issue. It has evoked strong, divergent views. It is not necessary to express any categorical opinion, one way or the other, as to which of the two antithetical views, held by the abolitionists and retentionists, is correct. It is sufficient to say that the very fact that persons of reason, learning and light are rationally and deeply divided in their opinion on this issue, is a ground among others, for rejecting the argument that retention of death penalty, is totally devoid of reason and purpose. If, notwithstanding the view of the Abolitionists to the contrary, a very large segment of people, the world over, including sociologists, legislators, jurists, judges and administrators still firmly believe in the worth and necessity of capital punishment for the protection of society, if in the perspective of prevailing crime conditions in India, contemporary public opinion channelized through the people's representatives in Parliament, has repeatedly in the last three decades, rejected all attempts, to abolish or specifically restrict the area of death penalty.
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