The Philosophy of Death Penalty

Anant Deogaonkar, R

Gujarat National Law University, Gandhinagar, India

Abstract:

The death penalty debate is the most generally relevant debate, keeping in mind the situation that has been brought about by today. Death penalty is an integral part of the Indian Criminal Justice System and of many other retentionist countries. This article argues that death penalty is a philosophical issue no doubt, but it also draws inspiration from Durkheim s discussion to the impact of political organization on penal evolution. It suggests that the most serious punishment i.e., death penalty is the frst to grow milder, then to disappear with the progressive weakening of punishment. The author has drawn the conclusion with few suggestions at the end of this article.

Keyword:

Death penalty, Punishment, Philosophy, Deterrence, Debate.