RESEARCH METHODOLOGY

The study approach is qualitative, and the project will compare judicial rulings and analytical
techniques. Comparisons are made about the numerous seminal examples, and the
conclusions drawn from their analyses will be presented as the research's final product. The
researcher's mentor's research on male victimization of intimate partner violence served as
the inspiration for this study, which will be the researcher's first.

SOURCE OF DATA

Analyzing is performed on all of the study's secondary data. The School of Law Library, the
Central Library of SLSH, several e-books, cases from JSTOR and Manupatra, and other
research papers from e-data sources were used for the review and study.

LITERATURE REVIEW

There are countless books and articles about the death penalty. For me to add my thoughts
and discoveries as a researcher, the review has been designed to assess what has already been
done by other academics and to identify who has been undone.

Article 6 of the ICCPR, which ensures a person's right to life, has a broad meaning, indicating
that the death penalty should only be applied to the most severe crimes, according to (ICCPR,
1979)56. However, only a small number of governments abolished the death penalty until
1954.

The death sentence should not be used for crimes committed on a global scale that have the
potential to result in death as well as severe consequences based on the 1984 safeguards for
the protection of the rights of those facing the death penalty. According to the United Nations
Secretary-sixth General's report, a violation should jeopardize life because it is likely to result
from the action. Forty-six nations stopped using the death sentence for non-violent
offenses in 1986 (Amnesty International Report, 1987)58. The rate has practically doubled
after 16 years.

Roscoe Pound developed the notion of the rarest of rare situations to support his thesis
on social engineering. This ideology seeks to maximize happiness for society while
exemplifying fairness to build a functional social structure. It suggests finding a balance
between one's interests and communal concerns.
Between 1972 and 1976, the US halted the death sentence after the Supreme Court ruled that
it was unconstitutional in several instances involving the death penalty. The death sentence
was abolished in 18 states in April 2013. In Roper v. Simmons, the court ruled that the US
Government was forbidden from using torture because they believed the death sentence
should not be applied to a crime committed by a child under 18.

There are two different schools of thought regarding the death penalty. One side favors the
practice, while the other calls for its abolition. There are several ways to apply the death
penalty. Hanging is the most popular method of execution in India. A "convict" is a person
who has been given the death penalty. Upon the defendant's entrance to the jail, the state
government will set the date of the death penalty execution and will inform the defendant's
family member66. He will tell the state authorities when he will be put to death and sent to
prison. He will ask the state administration for a directive that an execution prisoner be
retained in a particular trial. The Indian death penalty was first proposed to be abolished by
Mahatma Gandhi. Ahimsa was his message. Hate the sin, but not the offender, he begged.
According to the deterrent sentence from theories of punishment, harsh penalties are meant to
deter offenders from committing crimes again. The concept of deterrent punishment aspires
to create dread in the offender by applying severe consequences and preventing criminal
activity. As a result, corruption and unlawful conduct are reduced, and society will
experience peace.