Skip to main content

Capital Punishment in India: Life, Death, and Rebirth?

On November 21, 2012, Mohammad Ajmal Kasab, a Pakistani national and the only surviving gunman involved in the 2008 Mumbai attacks, was executed after Indian President Pranab Mukherjee denied his mercy plea. The decision marked the end of an informal 8-year moratorium on capital punishment in the country. In the 3 years since Kasab's execution, 2 more convicts, Mohammad Afzal Guru and Yakub Abdul Razak Memon, were also hanged for their involvement in terrorist attacks in the 1990s and 2000s. Moreover, even though these are the only executions the Indian state has carried out since 2004, roughly 5,000 convicts have been sentenced to death over the same period and are currently on death row. One might ask, why this disparity between the number of convicts and actual executions? The answer is likely to be that international and domestic pressures have made the government more hesitant to implement capital punishment. Nevertheless, a new trend worth noting within this pattern of disproportionality seems to be emerging, wherein the Indian state is only executing those explicitly involved in acts of terror.

Capital punishment was first incorporated into India's legal system during British colonial rule when, in 1860, the Governor-General of India Council instituted the Indian Penal Code (IPC). The IPC's approach to capital punishment has remained more or less unchanged since and still recognizes the death penalty for various crimes including criminal conspiracy, waging war against the government, and murder. Furthermore, amendments were made to Section 376 of the IPC in 2013 to extend the application of the death penalty to rape "if the act causes the victim's death or leaves her in a permanent vegetative state," a reaction to the brutal 2012 rape and death of a young woman in New Delhi, which made international headlines and ignited mass protests against sexual violence in the country.

However, even though India's Penal Code has seen relatively few changes, the discourse and practice surrounding the death penalty has slowly but steadily changed since the country's independence in 1947, with these changes in attitude gradually being reflected in the law. For instance, while capital punishment was historically considered the standard punishment for murder - with courts having to explicitly justify a decision to pursue a life sentence in jail instead - the tide has steadily turned. Beginning in 1973, courts had to give concrete reasons as to why they were imposing the death penalty rather than other means of punishment. In 1980, the constitutional validity of the death penalty was questioned in the state of Punjab during the Bachan Singh vs. The State of Punjab case. The Constitutional Bench rejected the challenge but mentioned that the death penalty was henceforth only to be applied to the "rarest of rare" cases. The change in the dominant national narrative regarding the death penalty was reflected in the practical application of the death penalty in the next few decades. Whereas the number of executions averaged three per year between 1985-1995, executions were almost completely halted from 1995 to 2012. The hanging of one person convicted of raping and murdering a minor in 2004 was the sole execution in over 15 years. Even though India continued to sentence many people to the death penalty throughout this period (roughly 5,000 between 2004 and 2013 alone), the country demonstrated little resolve in actually implementing these sentences. Instead, through long delays in the sending of mercy pleas to the President and by allowing lengthy appeals processes, India upheld its unofficial moratorium.

2012 seemed to mark a reversal in the Indian government's gradual progression toward the eradication of the death penalty. The President swiftly rejected the mercy pleas of Ajmal Kasab, Yakub Memon, and Mohammad Afzal Guru, so all 3 men were executed for terrorism-related charges. While Kasab had been convicted of 80 charges, the 3 that qualified the use of death penalty were condoned under the Unlawful Activities (Prevention) Act of 1967, the Explosive Substance Act of 1908, and the Arms Act of 1959 even though the Arms Act had been repealed. The UNGA explicitly recognized Kasab as being involved in acts of terrorism. Similarly, Afzal Guru was convicted under The Prevention of Terrorists Activities Act of 2002 and the Explosive Substances Act of 1908, the former of which explicitly recognized him as being involved in acts of terrorism. Finally, Memon was convicted under the Terrorist and Disruptive Activities Act of 1987, The Arms Act of 1959 and the Explosive Act of 1908, the first of which also explicitly acknowledged him as a terrorist.

While the government tries to appease the domestic masses by extending the application of the death penalty to crimes such as brutal rape, it also seems concerned with increasing international and domestic pressures regarding the perceived brutality and inhumanity of capital punishment. In the past, former judges have spoken strongly against the death penalty alongside domestic human rights groups such as the PUCL and international human rights organizations such as Amnesty International and Human Rights Watch, which have released reports regarding death penalty practices in India in an attempt to expose flaws and to participate in the naming and shaming of the practice within the country. There is steadily increasing pressure through recommendations made at the Universal Periodic Review, and more importantly, by India's own Law Commission for the abolishment of the death penalty in India. The latest Law Commission Report released in August 2015 called on India's government to abolish the death penalty with regards to all offenses, except acts of terrorism and waging war against the state, viewing terrorism as different from other crimes and accordingly viewing the death penalty as an exception in this case to act as an effective deterrent for 'maintaining the security of citizens and the integrity of the nation.'

Keeping in mind the domestic and international support for India to abolish the death penalty, what can we make of its application to the crime of brutal rape? First and foremost, we can question the efficacy of the amendment made to Section 376 of the IPC to include brutal rape in the list of crimes punishable by the death penalty. It seems unlikely that the amendment will serve as an adequate deterrent for a crime on the rise as the practical execution of the death penalty always experiences significant delays due to the inefficacy of the court and appeal system. Additionally, those for whom the law had been amended in the first place - those convicted in the Nirbhaya rape case - have still not been executed. In fact, the Supreme Court has delayed its hearing on the convicts' mercy pleas multiple times, and, 4 years later, the masses are still waiting on their calls for justice to be heard. Accordingly, even with theoretical strides taken in the fight against rape culture in India, its practical efficacy still seems questionable.

Given these limitations on the practical application of the death penalty to the case of brutal rape, India may have to reevaluate how to deal with this crime more generally. Primarily, it may have to find an alternative but equally stringent deterrent for this offense due to the lack of efficiency in practically executing the death penalty in such cases. Furthermore, with continued international and domestic pressure to abolish the death penalty in India, it has become more important than ever to find an alternative deterrent to terrorism within the legal system as well. While the death penalty for terrorism has been a valid, dominant narrative nationally thus far in India's attempt to counterbalance aggressive terrorist threats from its estranged neighbor Pakistan, India's growing status as a rising power in the international playing field beckons it to rethink a strategy that adheres to the dominantly accepted norms of human rights. As India continues to increase its global presence, it will eventually have to let go of its older, ineffective practices to appease the international community and the domestic population by demonstrating its commitment to upholding human rights.

Source: Brown Political Review, November 29, 2016

⚑ | Report an error, an omission; suggest a story or a new angle to an existing story; send a submission; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Most viewed (Last 7 days)

Former FedEx driver sentenced to death for killing 7-year-old girl after delivery at her Texas home

DALLAS (AP) — A former FedEx driver was sentenced to death on Tuesday after he pleaded guilty to killing a 7-year-old girl he took from her Texas home while delivering a Christmas gift. Jurors in a Fort Worth courtroom decided on Tanner Horner's punishment after hearing about a month of testimony and evidence that included audio of Athena Strand's last moments from inside his delivery van. Horner, 34, pleaded guilty to capital murder last month in the 2022 killing just as his trial began. Athena's body was found two days after she was reported missing from her home in the rural town of Paradise, near Fort Worth.

South Dakota | Latest appeal from state's lone death row inmate denied

SIOUX FALLS, S.D. (KELO) — The U.S. Court of Appeals for the 8th Circuit has rejected the latest appeal from Briley Piper, the only person on death row in South Dakota. In March 2000, Briley Piper, along with co-defendants Elijah Page and Darrell Hoadley, conspired to burglarize the Lawrence County home of 19-year-old Chester Poage before abducting and murdering him by beating, stabbing, and stoning in a remote area.  Piper was subsequently arrested, convicted of murder, and sentenced to death, while his accomplices received either a death sentence—carried out against Page in 2007—or a sentence of life imprisonment without parole. 

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

Will the US Supreme Court end nitrogen gas executions?

When President Donald Trump returned to office in January 2025, he directed his administration to “ restor[e] the death penalty .” His embrace of capital punishment helped fuel a surge in executions at the state level last year, as I previously reported , and led the Justice Department to produce a report on “strengthening” the federal death penalty, which was released late last month. In the report, the Justice Department defended the use of pentobarbital – a powerful sedative – for lethal injections, criticizing the Biden administration’s determination that it may cause “unnecessary pain and suffering.” Nevertheless, citing ongoing legal challenges to pentobarbital use and related problems obtaining the drugs used in lethal injections, the DOJ recommended expanding the list of federal execution methods by adding firing squads, electrocution, and lethal gas.

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

American Fugitive Flees to Italy hoping to Escape the Death Penalty

American Murder Suspect Cut Off His Ankle Bracelet and Fled to Italy to Escape the Death Penalty Lee Mongerson Gilley Flew From Houston to Milan on Two False Identities. He Was Caught the Moment He Landed. It reads like the opening of a thriller. A man under electronic surveillance in Houston, suspected of killing his pregnant wife, cuts off his ankle bracelet, boards a flight to Canada under a false identity, transfers to a second flight to Italy under a second false identity, and lands at Milan Malpensa with a single objective: to place himself beyond the reach of Texas justice and its death penalty. The plan failed at the first step on Italian soil. Lee Mongerson Gilley, 39, an American software engineer wanted in the United States on suspicion of murdering his ex-wife in October 2024, was identified and detained the moment he arrived at Malpensa. He had cut off his electronic monitoring bracelet in Houston, flown first to Canada using one set of false documents, and then to Italy u...

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.