Skip to main content

As the world moves away from the death penalty, why is India tightening the noose?

Gallows at the Old Central Jail, Bangalore, India
Gallows at the Old Central Jail, Bangalore, India
Two Acts passed this year widen the scope of capital punishment in India.

While a majority of countries globally have abolished the death penalty in law or practice, at least 2 laws have come into force in India in the last 2 months that expand the scope of the death penalty.

The Bihar Excise (Amendment) Act, 2016, passed in March, says that mixing poisonous substances with liquor can be punishable by death, in cases where death is caused. Then, the Anti-Hijacking Act 2016, which was notified by Parliament in May, allows for capital punishment in cases of hijacking that have resulted in the deaths of hostages, security personnel or any person not involved in the offence.

This is in sharp contrast to the position taken by the Law Commission of India in August last year. In a report, the commission said that the time had come for India to move towards abolishing the death penalty.

The commission recommended doing away with capital punishment immediately for all crimes "other than terrorism-related offences and waging war," in the hope that the "movement towards absolute abolition [would] be swift and irreversible".

Intent to kill not required

Apart from widening the ambit of the death penalty, the recent laws are also problematic because they do not require the accused to have lethal intent, that is, the intent to cause death, while committing the crime, in order to attract capital punishment.

Several preexisting Indian laws also prescribe the death penalty as a possible punishment for acts that do not involve intentional killing.

Some don't even require a death to have occurred for the imposition of the death penalty.

For example, Section 364 (A) of the Indian Penal Code states that the death sentence can be imposed in cases of kidnapping for ransom, if amongst other things, the person kidnapped or abducted is threatened with death or hurt, or there is reasonable apprehension that this can happen.

Departure from international stance

The expansion of the death penalty through the recent laws is inconsistent with India's international obligations. According to the International Covenant on Civil and Political Rights, which India acceded to in 1979, countries that retain the death penalty may impose it only for "the most serious crimes". India's Supreme Court affirmed this standard in the Bacchan Singh vs State of Punjab judgment of 1980, where it also held that the death penalty should not be imposed "save in the rarest of rare cases when the alternative option is unquestionably foreclosed".

United Nations' agencies and experts have clarified the scope of what constitutes "most serious crimes".

For example, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions had said that the imposition of the death penalty must comply with the "most serious crimes" restriction and "can only be imposed in cases where it can be shown that there was an intention to kill which resulted in the loss of life."

A 2014 report of the UN Secretary General further confirmed that in international human rights jurisprudence, the term "most serious crimes" has been interpreted as "allowing the death penalty to be applied only to the crime of murder or intentional killing", and concluded that, "Until it is fully abolished, retentionist states must ensure that the death penalty is imposed only for those crimes that involve intentional killing".

A systemic problem

While there have been only 4 executions in the past 16 years - 1993 Mumbai blasts convict Yakub Memon's hanging in July last year was the latest - the death penalty continues to be regularly used in India. According to the National Crime Records Bureau, 1,303 death sentences were handed out in India between 2004 and 2013, and 95 people were sentenced to death in 2014.

The larger systemic and institutional problems with the application of the death penalty in India have been rigorously documented.

A 2008 report by Amnesty International India and the People's Union for Civil Liberties (Tamil and Puducherry) said that the imposition of the death penalty in India was effectively a "lethal lottery" because of the arbitrariness inherent in the decision of whether to impose the death sentence in any particular case. The recently released report by National Law University's Delhi's Death Penalty Project observed that the death penalty in India is disproportionately imposed on prisoners from socio-economically marginalised groups. The report also outlined fair-trial violations in many cases where individuals were sentenced to death.

The Indian Law Commission cited the "extreme agony" faced by convicts on death row - compounded by degrading and oppressive prison conditions - as one of the reasons to move away from the death penalty.

These reports strengthen the case for the abolition of the death penalty in India in all circumstances and for all offences. Its brutal nature along with arbitrary and seemingly discriminatory manner in which it is applied violate the right to life and the prohibition against cruel, inhuman, and degrading punishment.

As of 2015, 140 countries in the world had abolished the death penalty in law or practice. Instead of keeping with this trend, India is expanding the scope of capital punishment in a manner that is not only inconsistent with international practices but also its own Constitutional values.

Source: scroll.in, June 7, 2016

- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most viewed (Last 7 days)

Oklahoma Sets November Execution Date for Air Force Veteran Jim Pavatt Amid Claims of Wrongful Conviction

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals has scheduled the execution of Air Force veteran and longtime death row prisoner Jim Pavatt for Nov. 12, as his attorneys continue to challenge his conviction and contend that prosecutors relied on false arguments, disputed forensic evidence and an alleged confession they later described as bogus. Pavatt, who served nearly 22 years in the Air Force and rose to the rank of master sergeant, was convicted and sentenced to death for the 2001 killing of Rob Andrew in Oklahoma City. His execution is scheduled for the day after Veterans Day.

Indiana high court sets Nov. 5 execution date for convicted child killer

The court’s decision came a little more than two months after Indiana Attorney General Todd Rokita asked the justices to schedule Weisheit’s execution. State attorneys argued Weisheit had exhausted his state and federal appeals, had no active stay of execution, and could lawfully be put to death. The inmate’s attorneys opposed setting a date, saying they needed more time to pursue available legal proceedings and possible executive clemency. The defense additionally pointed to public records that it said showed the Indiana Department of Correction lacked the drugs needed to conduct an execution and had no lawful source from which to obtain them.

Hanging of Osaka Arsonist is Japan’s First Execution Under Takaichi Government

As a majority of the international community has abolished capital punishment. Japan and the U.S. are the only two countries in the Group of Seven leading industrialized nations that put people to death. The execution of Takami Sunao—an arsonist whose 2009 attack in Osaka killed five—on August 21, 2026, was Japan’s first use of capital punishment in just over a year. Over a Decade from Sentencing to Execution Takami Sunao was executed on August 21, 2026 , for a 2009 arson attack at an Osaka pachinko parlor that killed five people. In July 2009, Takami poured gasoline on the floor of a pachinko parlor in Osaka and set it alight, killing 5 customers and staff members and injuring 10 more. While the defense argued that he was in a state of diminished capacity, the Supreme Court finalized his death sentence in February 2016. The execution took place 17 years after the initial crime and 10 and a half years after the death sentence was finalized.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Florida | Jury recommends death sentence for Jeffrey Crum in killing of 12-year-old girl

BROOKSVILLE, Fla. — A Hernando County jury has recommended the death penalty for a 65-year-old man who was found guilty last week of raping and killing 12-year-old Jennifer Odom. Sentencing for Jeffrey Crum was held this week. Crum abducted Odom in 1993 after she stepped off her school bus in Pasco County. Her body was found in a Hernando County orange grove six days later.

Algeria's President orders Penal Code amendment to introduce death penalty with immediate execution

The president has raised the possibility that some of the fires may have been criminally set and ordered authorities to investigate their causes and identify those responsible. Algerian President Abdelmadjid Tebboune has ordered amendments to the country’s penal code to allow the death penalty to be carried out against people convicted of deliberately setting forest fires, after a wave of devastating blazes killed 12 people and caused extensive damage across the country.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Japan executes man convicted of killing five in 2009 Osaka pachinko parlor arson

Japan on Friday announced the execution of a man convicted of killing five people after setting fire to an Osaka pachinko parlor in 2009, the first execution by Prime Minister Sanae Takaichi 's government as the country faces growing calls for more transparency and the abolition of capital punishment. The Justice Ministry said Sunao Takami, 58, was hanged to death earlier Friday. Takami in 2009 set fire to the crowded pachinko parlor in Osaka by spreading gasoline and throwing a lit match, engulfing the building, killing five and injuring 10 others, Justice Minister Hiroshi Hiraguchi said.

Cartoons about Capital Punishment

  More cartoons about capital punishment HERE