Punishment In India Research Articles

Analysing Capital Punishment in India: A Comparative Study of Capital Punishment and Life Imprisonment

This review paper explores the complex and contentious issue of life imprisonment versus the death sentence, examining their respective merits and drawbacks. Through a comprehensive analysis of case studies and judicial decisions, this paper evaluates the ethical, legal, and practical implications of both forms of punishment

Examining Capital Punishment in India: Perspectives and Progress

Examining Capital Punishment in India: Perspectives and Progress

Assessment of awareness and attitude o f medical students about physicians’ participation in capital punishments in India — a cross-sectional study

Abstract Introduction: In the context of capital punishment in India, the involvement of physicians raises ethical concerns, given the fundamental principle of 'do no harm.' This study aims to evaluate the awareness and attitudes of undergraduate medical students in a Chennai-based medical college regarding physicians' participation in capital punishment. Methods: A survey employing Google Forms was conducted among 154 randomly selected medical students. The questionnaire, validated for content, comprised 13 statements assessing awareness and attitudes toward physicians' involvement in capital punishment. Descriptive analysis was applied to interpret the collected data. Results: The study revealed a notable lack of awareness among medical students concerning physicians' roles in capital punishment in India. Merely 19.3% of participants were knowledgeable about the various responsibilities physicians undertake in judicial hanging, including certifying the prisoner's fitness for hanging, confirming the prisoner's death post-hanging, and ensuring humane conditions for the execution. Despite limited awareness, the predominant attitude among participants was one of disapproval towards physicians' participation in capital punishment. Conclusion: This study underscores the inadequate awareness among medical students regarding physicians' involvement in capital punishment. Despite this limited awareness, the prevailing attitude among participants leans towards the disapproval of physicians participating in such practices.

Capital Punishment in India (Constitutional Validity of Capital Punishment)

Capital Punishment in India (Constitutional Validity of Capital Punishment)

Capital Punishment In India : A Complex Issue

This paper provides an in depth analysis of Capital Punishment examining its historical context, legal framework, psychological effects, the broader societal impact and varied arguments both in favor and against it.

Punishments in India and Its Relationship with the Theory of Pain and Pleasure

Punishment is the most important part of criminal justice system in all the countries of the world since ancient time. For the maintenance of peace, harmony and justice in the society, States have always strive hard to control wrongs or crimes through its penal policy. Inflicting punishment upon the wrong doer has always prevailed in the human society since the Vedic period. This paper deals with the concept of punishment in India along with different kinds of punishments prevalent under Indian Penal Code, 1860. The Article provides a retrospective reading of the Indian penal tradition, highlighting the succession of criminal law over the centuries. It elaborates the theory of pain and pleasure laid down by some eminent law reformers and tries to connect and highlight a relationship between the theory of pain and pleasure with the penal system in India. It also highlights the objective and purpose of inflicting punishment upon a wrong doer in a society. The author in this article has attempted to bring out in detail all the above aspects in order to understand the importance of punishment in today’s world so as to introspect and rethink Indian punishment system.

Execution of Capital Punishment in India: Is it a Violation of Human Rights?

Execution of Capital Punishment in India: Is it a Violation of Human Rights?

Efficacy of the Reformative Theory of Punishment in India

Most of the criminal justice systems worldwide adopt the reformative tools and techniques with the prime object to introduce reformation in convicts instead of using age-old coercive techniques. The Indian criminal justice is not an exception to this. Indian criminal jurisprudence believes in the reformative theory of punishment where the criminal shall be treated with as much goodwill and humanity as a normal citizen. It believes in the capacity of a person to change and usually holds the surroundings responsible for influencing a specific type of deviant behavior. The intention is to review whether reformative theory also counts as a form of ‘punishment’ or is a mere form of intervention. If the same qualified as the latter, then whether the same is conclusive? Attempts at social integration for the criminals may be successful, provided there is readiness on behalf of both the parties involved. The rate of success in India is adjusted due to external factors such as lack of education, population explosion, and social morality. The collateral impacts of recidivism are something that needs to be studied to the cause of rehabilitative theory. Further, in this paper, researchers have reviewed the efficacy and various facets of the reformative theory of punishment.

Abolition of Capital Punishment in India

This article is concerned with the penological perspective of capital punishment in India. It critically examines the contentious views of honorable courts, policymakers, commentators, human rights activists, and the Law Commission of India on whether capital punishment should be abolished or retained as earlier or whether there should be some alternative to it as it is practiced in other nations. In so doing, It has analyzed the penal provisions of different enactments provided in favor of Capital Punishment in India, including a critical examination of the lacuna in the enforcement and implementation of the death penalty. This article has referred to the contradictory landmark judgments of the hon'ble Courts of India. This article reviews the suggestions made by the Law Commission of India in its 262nd Reports to determine whether legislators have considered them for future adoption. It has also discussed the theories advocating capital punishment as well as systems of capital punishment in other countries.

Beyond the Current Discourse: Addressing the Judicial Question of Death Penalty in India

It is observed that whenever a heinous crime happens, the public outcry for the death penalty is very vocal in the social realm of India. Though there are several discussions around this, from de-institutionalism to judicial questions, a sociological analysis of the public response is identified as a research gap by the author. In light of this, the research attempts to analyse the public response to the discourse of capital punishment in India. This paper refers to two important cases in the history of the Indian judiciary to define the principles of the 'rarest of the rare' and circumstantial crime. This is primarily an attempt to provide an easy narrative to understand why the Indian judiciary still does not avoid sentencing the death penalty to the convicts. This short article uses certain important cases and some popular theories from an ethnocentric viewpoint in making the sociological analysis.

Conceptualising of Judicial Activism Regarding Capital Punishment in India: An Analysis

Conceptualising of Judicial Activism Regarding Capital Punishment in India: An Analysis

Corrective Labour As a Form of Punishment in India

Punishment as a means to reform the offender was not considered as such during Hindu and Mughal period in India. During this period punishment was mainly based on deterrence. The recognized modes of punishment were death sentence, hanging, whipping, flogging, branding or starving to death. Prisons were considered to be places of torture. Treatment of prisoners was inhuman. The drift of treating prisoners as ‘out-casts’ to treating them as human beings set in only from the beginning of this century. The prisoners were recognized as societal human beings who should be made useful to the society. The Universal Declaration of Human Rights recognizes that the individual is entitled to certain basic rights.

A Brief Analysis of Theories of Punishment in India

A Brief Analysis of Theories of Punishment in India

Contradictions in Judicial Support for Capital Punishment in India and Bangladesh: Utilitarian Rationales

India and Bangladesh share a common history, and each has developed somewhat similarly since partition. However, while both countries now have relatively low murder rates, India has seen a decline in the rate of executions, while Bangladesh continues to impose death sentences and carry out executions at a higher rate. There have been challenges to the death penalty in India, restricting its use to exceptional cases. The same has not occurred in Bangladesh. Yet in both countries, systemic flaws in the criminal process are evident. This article draws on two original empirical research projects that explored judges’ opinions on the retention and administration of capital punishment in India and Bangladesh. The data expose justice systems marred by corruption, incompetence, abuses of due process, and arbitrary and inconsistent treatment of defendants from arrest through to conviction and sentencing. It shows that those with the power to sentence to death have little faith in the integrity of the criminal process. Yet, a startling paradox emerges from these studies; despite personal knowledge of its flaws, judges have trust in the death penalty to deter crime and to realise other sentencing aims and feel retention benefits society. This is explained by reference to utilitarian values. Not only did our judges express strongly utilitarian justifications for sentencing people to death, in terms of their erroneous belief in its deterrent effect, but some also articulated utilitarian justifications for misconduct in pre-trial processes, suggesting that it was necessary to break the rules to secure convictions when the system was dysfunctional and ineffective.

Child Development Minister Urges to Curb School Corporal Punishment in India

Child Development Minister Urges to Curb School Corporal Punishment in India

Domestic violence, 498 a and judiciary: Shifting dimensions

To protect the rights of every citizen is the fundamental accountability of efficacious democracy like India. To make available safeguard and secure from breach or violation of individual rights, Indian Constitution provides basic fundamental rights to every citizen of India. In addition to basic fundamental rights, other legal protection to citizens against crime are also provided in various categories of laws like civil laws, criminal laws, family laws, property laws etc. Indian Penal Code, 1860, is the primary source for the classification of crime against human body and its punishment in India.

Domestic corporal punishment of children: prevalence and pattern

Background: Corporal punishment is a disciplinary method in which the supervising adult deliberately inflicts pain upon a child in response to child’s unacceptable behaviour. The main objective is to study the prevalence and pattern of domestic corporal punishment among parents attending our medical college hospital. Methods: Cross sectional study done on parents attending our pediatrics out-patient department (OPD). Corporal punishment usually includes physical assault, psychological aggression and nonviolent disciplining. We used pretested questionnaire for the same. Consent was obtained from parents and they were assured of confidentiality . Results: Overall prevalence of corporal punishment in our study was 94%. Various pattern of punishments were observed, e.g. 81% of parents beat the child with hand, 6% by using stick, 4.5% by using hand and stick, 2% by using broom stick, 0.5% using belt, remaining 6% did not inflict punishment. 57.3% boys and 42.7% of girls were punished. 74.7% belongs to village remaining 22.3% belongs to semi urban area. Conclusions: This study can be regarded as an eye opener for high level of prevalence of domestic corporal punishment in our region. A larger multicentric study is needed to assess the prevalence and profile of corporal punishment in India. This will help in implementing new schemes directed to reduce the corporal punishment and promote positive parenting practices.

Secondary School Teachers’ Perception of Corporal Punishment: A Case Study in India

This article examines secondary school teachers’ perceptions of corporal punishment in India. Although it has been banned in Indian schools, various types of corporal punishment are still used by teachers. It has been mainly used as a mechanism for controlling disciplinary problems in schools. Based on a pilot study of 160 secondary teachers, the result of the research reveals that teachers still perceive corporal punishment as an effective method of controlling indiscipline in class. However, some teachers state that corporal punishment is ineffective in deterring students from misbehaving. Corporal punishment is not a good method to maintain discipline. Adopting harsh methods indicates a lack of proper training in managing students in a classroom situation and a poor understanding by the teachers of students’ mental states. An awareness program for secondary school teachers about the effects of corporal punishment on children is needed. The solution is proper training for teachers and student-teachers in the use of counseling to manage behavioral problem. Also full-time counselors can be appointed in schools.

Changing Dimension of Capital Punishment and Judicial Pronouncement in India

The history of capital punishment in India shows, during the midlevel period inflection of death penalty was commonly practiced for the elimination of criminals. In 19th century, however the public opinion disfavored the use of capital punishment for offences other than the heinous crimes. The irrevocable and irreversible nature of death penalty gave rise to a number of complications which invited public attention towards the need for abolition of this sentence. Many Asian counties removed capital punishment but in 21st century capital punishment plays an important role in India and it is awarded in rarest of rare cases only.

Histories of Everyday Violence In British India

AbstractHistorians of British India and colonial rule more generally have inevitably had to approach the difficult subject of colonial violence. Often, however, historians have explored colonial violence by focusing on exceptional and spectacular moments. Recently two books have been published that shift the terms of the historiography by examining colonial violence as an aspect of everyday life in British India: Taylor Sherman’s State Violence and Punishment in India and Elizabeth Kolsky’s Colonial Justice in British India. This article examines the limitations of the established literature’s characterisation of colonial violence, before comparing the work of Kolsky and Sherman. Both of their studies demonstrate that physical violence was an intrinsic and everyday aspect of the colonial encounter in India, and they lay the groundwork for further studies of everyday colonial violence.