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Welfare State, Right to Life and Capital Punishment in India
Book Details
Author: Sharma, Parul
Year: 2005
ISBN: 8177680072
[ 23 cm., pp. 200 ]
[ Price: RS. 450.00, US$ 10.00 ]
About the Book
:
Welfare State, Right to Life and Capital Punishment in India
Welfare State, Right to Life and Capital Punishment in India by Parul Sharma analyses the socio-legal framework in India, where a welfare state, right to life and the capital punishment operate side by side. The inter linkages and contradictions dealt with are relevant to societies with complicated and vast social structures such as India’s. The understanding of the welfare component in difficult criminal cases must be understood as a real balanced judicial responsibility. This book introduces various levels of support to the legal notion of right to life, where jurisprudence, constitutional law and criminal law are inextricably linked while determining the supremacy of right to life. The role of psychologists and forensic psychology, have also been given an equally important position as law, to trace the legitimacy of the capital punishment in developing countries. The non-application of the aforesaid discipline may result in devastating consequences where the criminal and not the crime is eliminated. Furthermore, the book introduces the importance of constructional strategies based on state responsibility, and an interdisciplinary approach towards crime and punishment. The core question is: what is the most proper alternative to the capital punishment suitable to the Indian legal context?
The author explains what problems the socio-legal limits gives rise to, what conflicts of interest lie behind the problems, and how different solutions are advantageous or disadvantageous for the different parties involved. A great deal of interest is devoted to interpretation of the state and its judicial welfare responsibilities, the right to life in a justice system, the rarest of rare cases and the rule of law. Furthermore, the author has reviewed several modern cases from the 1990’s where Indian courts have applied the capital punishment.
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