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Death Penalty in India: Third Semester

This synopsis examines the death penalty in India through 3 research questions. Question 1 examines the Indian jurisprudence on death sentences and its distinction for terror cases. Question 2 considers whether India should adopt the UNHRC's recommendation to abolish the death penalty de facto. Question 3 analyzes whether death penalty meets the 'due process of law' requirement under Article 21 of the Indian constitution. The synopsis will include 4 chapters: 1) Existing law and judicial practice, 2) Penological goals, 3) Factors affecting constitutionality of death sentences, and 4) International trends on death penalty status. It will cite books, articles, and web links in the bibliography.

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54 views3 pages

Death Penalty in India: Third Semester

This synopsis examines the death penalty in India through 3 research questions. Question 1 examines the Indian jurisprudence on death sentences and its distinction for terror cases. Question 2 considers whether India should adopt the UNHRC's recommendation to abolish the death penalty de facto. Question 3 analyzes whether death penalty meets the 'due process of law' requirement under Article 21 of the Indian constitution. The synopsis will include 4 chapters: 1) Existing law and judicial practice, 2) Penological goals, 3) Factors affecting constitutionality of death sentences, and 4) International trends on death penalty status. It will cite books, articles, and web links in the bibliography.

Uploaded by

Arnav Maru
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We take content rights seriously. If you suspect this is your content, claim it here.
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(terms paper towards fulfillment of the assessment in the subject of Constitutional Law-I)

Death Penalty In India

Third Semester

Synopsis

Submitted to: Submitted by:

Faculty of Constitutional Law I Rishabh Meena


2015064
B.A,LL.B Hons

Maharashtra National Law University, Mumbai


Summer Session
July 2017 to November 2017
Introduction
The penalty of death differs from all other forms of criminal punishment, not in degree, but in kind.
It is unique in its total irrevocability. It is unique in its rejection of rehabilitation of the convict as a
basic purpose of criminal justice. And it is unique, finally, in its absolute renunciation of all that is
embodied in our concept of humanity.1
The debate around the abolition of death penalty in India has been predominantly deontic and here
lies the fundamental flaw. Scholars have often pandered to public opinion and debated upon the
notions of basic humanity and morality to justify their positions on the death penalty without
recognizing that there can be no constructive debate on such hollow premises which remain
subjective. In order to truly understand the debate, we need to move beyond the deontic prejudicial
stands into a direction of logical derivatives. This allows us to objectively assess what our stand as a
democratic government, which claims to be the protector of inalienable fundamental rights, should
be.
The current judicial position has to be looked at in the light of the constitution, which states, No
person shall be deprived of his life or personal liberty except according to procedure established by
law2. It is important to note that the phrase procedure established by law as used in the above
context has been interpreted by the courts to be read as due process of law 3 which is a pivotal
distinction laid in the Maneka Gandhi case4 .

Research Question:
I: What does the Indian Jurisprudence comment on the validity of Death Sentence and
also the distinction for terror cases?
II: Should India adopt abolitionist de facto position on the Death Penalty as
recommended by UNHRC5 ?
III: Does death penalty meet the due process of law requirements under Article 216 ?

1 Justice Stewart in Furman v. Georgia 408 U.S 238


2 Justice Stewart in Furman v. Georgia 408 U.S 238Article 21, Constitution of India
3 Fifth Amendment 1971, Constitution of The U.S.A
4 Maneka Gandhi v. Union of India 1978 AIR 597
5 United Nations Human Rights Commission
6 Constitution of India, 1950
Chapterisation
1. Existing Law and Judicial Practice
(I have summed up the prevailing position of courts on Death Penalty and the corresponding
judgments)
2. Penological Goal
(Traditionally there have been scholars arguing for and against the death penalty on the
grounds broadly categorized hereunder)
3. Factors Affecting Constitutionality of Death Sentence.
(The due process requirement imposed by landmark judicial
precedent will make Death Penalty unconstitutional to execute any individual whether a
citizen or not, for any crime)
4. International Trends
(Internationally, countries are classified on their death penalty status.)

Bibliography
Books and Articles

1. Balkrishana,Presidential Power of Pardon, Journal of the Indian Law Institute,Vol 13(1),


1971, pp 103-120.

2. Ranchhoddas, Ratanlal, Dhirajlal Keshavlal Thakore, K. T. Thomas, and M. A.


Rashid. Ratanlal & Dhirajlal's The Indian Penal Code: (Act XLV of 1860). 34th ed.
Gurgaon, Haryana: LexisNexis, 2014

3. Amnesty International. Legal Lottery in India, A study of supreme court cases on Death
Penalty. AI

Web Links

1."Death Sentence In India Is A Crime - Dr. Yug Mohit Chaudhry". YouTube. N.p.

2. Justice Ajit Shah - Death Penalty Is Unconstitutional, Arbitrary And Is A Legal


Lottery".YouTube. N.p.

3. "Yug Mohit Chaudhary - On The Movement Of Abolition Of The Death Penalty In


India".YouTube. N.p.

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