“To Be or Not To Be”, 5 September 2020
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 5 September 2020
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
In this philosophical and legal analysis, Baxi explores the "to be or not to be" of the death penalty. He critiques the "rarest of rare" doctrine, arguing that it remains subjective and inconsistently applied. The article highlights the "agonizing delays" on death row as a form of "double punishment" and torture. Baxi, a known abolitionist, argues that state-sanctioned killing is incompatible with the "right to life" and human dignity. He calls for the judiciary to move toward a more "rehabilitative" justice system, suggesting that the ultimate test of a civilization is its refusal to answer violence with state violence. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository