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Article Abstract

International Journal of Trends in Emerging Research and Development, 2023;1(1):294-298

Comparative study of death penalty legislation: Ethical and legal perspectives

Author : Dr. Jayendra Singh Rathore

Abstract

As opposed to being swayed by popular mood and opinion, moral and ethical considerations play a crucial role in the application of the death sentence. In certain countries, the death penalty is the ultimate sanction for criminal behavior. There were four different philosophies of punishment in the pre-penal law era. The social order was preserved in accordance with this penalty. The death penalty is the most severe form of punishment in India. This might be substituted with any other crime. The death sentence should only be handed out after a fair trial. A number of nations have outlawed capital punishment. These geographical variances in the implementation of the death sentence are brought out by statistical analysis, demographic patterns, and trends in the study. It delves into the ways in which public sentiment, the media, political factions, and non-governmental organizations (NGOs) contribute to the implementation of the death penalty. Ethical discussions and adherence to international human rights treaties are used as yardsticks to measure human rights violations and wrongful convictions. This study endeavors to draw attention to the fundamental parallels and dissimilarities between the cultural, religious, and sociopolitical aspects impacting the death sentence in Indonesia and India. Finally, the report delves into future directions and policy suggestions in an effort to shed light on legislative and policy changes that respect human rights and justice principles, contributing to the ongoing international conversation around the death penalty.

Keywords

Capital punishment, punishment, deterrent, human rights, constitutional validity, Indian, Indonesia