Chapter

Abolition of the Death Penalty in India: Legal, Constitutional, and Human Rights Dimensions

Amit Bindal and C Raj Kumar

in Confronting Capital Punishment in Asia

Published in print November 2013 | ISBN: 9780199685776
Published online January 2014 | e-ISBN: 9780191765773 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199685776.003.0008
Abolition of the Death Penalty in India: Legal, Constitutional, and Human Rights Dimensions

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This chapter analyses the debate over the abolition of the death penalty in India from the lenses of constitutional law and human rights jurisprudence. The discussions cover capital punishment and the constitution of India; the dissenting judgment of Justice Bhagwati in Bachan Singh; the constitutional validity of the ‘rarest of rare’ doctrine; judicial process and arbitrariness of the Supreme Court; situating Joseph Raz in the death penalty debate; contemporary challenges to the abolition of the death penalty; and emotions and criminal sentencing.

Keywords: capital punishment; death penalty; Indian law; human rights; Bachan Singh; constitutional law

Chapter.  9771 words. 

Subjects: Human Rights and Immigration ; Comparative Law

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