Human Right Versus Retributive Justice: The Debate on Capital Punishment of Rape

Abstract: This article analyses the controversial matter of the death sentence in allegations of rape, investigating its consequences on human rights and the constitutional right to life. A historical review of the development of the death sentence follows the introductory section, which establishes the context for the debate. The article subsequently explores the correlation between crime and punishment in Muslim Law, therefore offering a framework for the ongoing discussion. A comprehensive analysis is conducted on the legal status of the death sentence in India, with a specific focus on its implementation in cases of rape. Furthermore, the latest modifications in Indian criminal legislation are also examined. The article contends that the death sentence infringes on human rights, breaching the Indian Constitution's assurance of the right to life. The conclusion succinctly outlines the results, underlining the significance of adopting a well-balanced strategy that gives equal importance to justice and the preservation of human rights.