Chapter

The Death Penalty in India

A.G. Noorani and South Asia Human Rights Documentation Centre

in Challenges to Civil Rights Guarantees in India

Published in print January 2012 | ISBN: 9780198074144
Published online September 2012 | e-ISBN: 9780199080823 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198074144.003.0004
The Death Penalty in India

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The death penalty is considered a violation of a person's right to life and the right not to be subjected to cruel, inhumane, and degrading punishment. Described as ‘the ultimate denial of civil liberties’, it can be imposed on innocent, poorer, less educated, and more marginalised individuals. Yet death penalty continues to be imposed in India and remains a serious blight on the country's human rights record. This chapter outlines the scope and application of the death penalty in India and examines the related jurisprudence. First, it looks at government statistics on death penalty in the country and then discusses the death penalty in the Constitution and in legislation. It also considers the method of implementation of the death penalty, judicial discretion in awarding the death penalty, the ‘rarest of rare’ doctrine, and death penalty in international law.

Keywords: death penalty; human rights; jurisprudence; Constitution; legislation; international law; rarest of rare doctrine; judicial discretion

Chapter.  10077 words. 

Subjects: Human Rights and Immigration

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