A COMPARITIVE ANALYSIS ON DEATH PENALTY IN INDIA, ICELAND AND DEMOCRATIC REPUBLIC OF CONGO

INDIAN JOURNAL OF LEGAL REVIEW

A COMPARITIVE ANALYSIS ON DEATH PENALTY IN INDIA, ICELAND AND DEMOCRATIC REPUBLIC OF CONGO

A COMPARITIVE ANALYSIS ON DEATH PENALTY IN INDIA, ICELAND AND DEMOCRATIC REPUBLIC OF CONGO

AUTHOR – JEGARAJ N* & V SREE LEKHA**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – JEGARAJ N & V SREE LEKHA, A COMPARITIVE ANALYSIS ON DEATH PENALTY IN INDIA, ICELAND AND DEMOCRATIC REPUBLIC OF CONGO, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 77-82, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I79

Abstract

This paper undertakes a comprehensive comparative analysis of punishment systems especially death penalty in India, Iceland, and the Democratic Republic of Congo (DRC), representing three distinct penal paradigms: hybrid, rehabilitative, and retributive. Employing doctrinal and comparative methodologies, the study evaluates statutory frameworks, judicial doctrines, prison conditions, and implementation realities. It incorporates empirical data on prison populations, overcrowding, and human rights indicators to assess the effectiveness of punishment systems. The study finds that Iceland’s criminal justice system, grounded in reformative theory, demonstrates superior outcomes in terms of humane prison conditions and reintegration. India’s system reflects a complex hybrid model, constrained by systemic inefficiencies such as judicial delays and overcrowding, with approximately 76% of inmates being undertrials. In contrast, the DRC exhibits a predominantly retributive approach marked by harsh prison conditions and continued reliance on capital punishment. The paper argues that while punishment systems are shaped by socio-economic and political contexts, there is a discernible global shift toward rehabilitation and human rights compliance. It concludes by recommending structural reforms in developing jurisdictions to align punishment practices with principles of proportionality, dignity, and justice.