The Constitutional Right to Life and the Death Penalty: A Comparative Analysis with a Focus on India

This paper provides a comprehensive exploration of capital punishment, tracing its historical roots, evolution, and current status in India and globally. The focus is on India's journey from ancient practices rooted in Hindu philosophy to the influences of Mughal and British rule, post-independence legal developments, and the jurisprudential aspects of capital punishment. The paper also examines the statistical representation of death penalty cases in India, including notable legal instruments and reforms. The international context is explored through the lens of human rights instruments, with a detailed analysis of countries such as the United States, China, and those in the Middle East. The shifting global perspective on capital punishment is highlighted, emphasizing the push for abolition and the role of international organizations. The abstract concludes with a reflection on the evolving dynamics of the death penalty and the call for consistency in advocating human rights both domestically and internationally.