Skip to main content

India: A Resounding Dissent Against the Death Penalty

The Supreme Court of India
Justice Kurian Joseph speaks with angst on what Parliament and the judiciary should have done long ago.

It has been unequivocally exposed by two Supreme Court rulings, that the death penalty in India has the rationality of the roulette table—it is a lethal lottery, and the only principle underpinning its continuation is bloodlust, which does not have any validity in law. Time and again, courts, even the Supreme Court has justified the imposition of the death penalty to snuff out the lives of criminals who are a menace to the society, and these now sound as clichés repeated ad nauseam. Only last week, a trial court in Delhi handed death penalty to a man convicted of participating in the 1984 anti-Sikh riots, and this decision was celebrated in many political circles.

In such a scenario, it takes exemplary courage for a Supreme Court judge to hold that: “[T]he constitutional regulation of capital punishment attempted in Bachan Singh has failed to prevent death sentences from being “arbitrarily and freakishly imposed” and that capital punishment has failed to achieve any constitutionally valid penological goals, we are of the view that a time has come where we view the need for death penalty as a punishment, especially its purpose and practice. …. It is also a matter of anguishing concern as to how public discourse on crimes have an impact on the trial, conviction and sentence in a case. The Court’s duty to be constitutionally correct even when its view is counter-majoritarian is also a factor which should weigh with the Court when it deals with the collective conscience of the people or public opinion. After all, the society’s perspective is generally formed by the emotionally charged narratives. Such narratives need not necessarily be legally correct, properly informed or procedurally proper.”

But Justice Kurian Joseph, in a minority judgement delivered on November 28, in the case of Channu Lal Verma  has displayed this courage. The two other judges on the bench agreed with him in commuting Verma’s death penalty to life imprisonment because of the numerous errors and infirmities riddling the high court and trial court rulings, but differed with him on the issue of the constitutionality of imposing capital punishment.


Undeterred, Justice Joseph, relying extensively on the Law Commission of India’s 262nd report (2015), which emphasised that the march of jurisprudence in the country, and global trends called for abolition of the irreversible judicial dictum of death and nothing else, issued a ruling which could be compared to the US Supreme Court’s landmark judgement in Furman v Georgia  in which the court termed the death penalty as a “cruel machinery of death” riddled with judicial caprice and serving no penological purposes at all.

Lethal, Irreversible Errors


Justice Joseph’s emphatic opinion should draw one’s notice to the errors the Supreme Court itself has admitted.

On November 20, 2012, a bench headed by Justice Madan B. Lokur admitted in Sangeet  & Anr v State of Haryana  that many innocents have been executed because the court has wrongly relied on the flawed precedent of Ravji v State of Rajasthan (1995) which violated the constitution bench ruling in Bachan Singh that mandated that the focus should be on the nature and circumstances of the criminal and not the crime.

The genesis of Justice Lokur’s ruling lies in the 2009 Supreme Court decision in Santosh Bariyar, in which a bench headed by Justice S.B. Sinha admitted that in seven cases, death sentences had been erroneously given. A similar error was immediately noticed in the sentencing of six more convicts, taking the total number to 13.

In the 2013 Supreme Court decision in Shankar Kisanrao Khade, the judges admitted that the execution of death penalty in the case of Dhananjay Chatterjee (2004) was erroneous, but this came nine years too late since Chatterjee had already been sent to the gallows.

In a perceptive piece, legal scholar Usha Ramanathan has pointed out that a comparison of the decisions of three judges of the Supreme Court relating to the death penalty in the first decade of this century shows a highly unsettling inconsistency. “Justice Pasayat dealt with 29 per cent of the reported cases on death penalty, confirmed the death sentence in 16 of the 22 cases that he heard and decided, enhanced the sentence from life imprisonment to death in two cases, and reversed acquittal and imposed the sentence of death in two cases. That these enhanced sentences have no higher court to which the convicted person may appeal is a chilling facet of these judgments. Overlapping with this period, Justice S B Sinha heard 23 per cent of the death penalty cases, and upheld the sentence in none of the 17 cases he decided. Justice K.G. Balakrishnan heard 12 per cent of the cases, and upheld the sentence in six of 13 cases. In three cases, Justice Sinha held that the accused be acquitted,” Ramanathan wrote.

She bemoaned the fact that the angst about the death penalty which has gripped the judiciary since the 1980s had not touched Parliament, which was revelling in imposing capital punishment even for non-homicidal offences.

Perhaps Justice Joseph’s dissent will wake up both Parliament and the judiciary from their slumber.

Source: newsclick.in, Saurav Datta, November 29, 2018. The writer is an independent journalist based out of Delhi, and specialises in reporting on legal, human rights and gender issues. He earlier used to teach media law and jurisprudence in Bombay and Pune.


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


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



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

William Thompson Faces Execution in Florida Amid Dementia, Terminal Illness Concerns

Florida Governor Ron DeSantis signed an exe­cu­tion war­rant for 74-year-old pris­on­er William ​“Bill” Thompson less than 24 hours after he was released from the hos­pi­tal to the hos­pice wing of the prison. After his attor­neys raised seri­ous con­cerns about his men­tal com­pe­ten­cy and dete­ri­o­rat­ing phys­i­cal health, Gov. DeSantis agreed to tem­porar­i­ly stay the exe­cu­tion so Mr. Thompson’s com­pe­ten­cy can be eval­u­at­ed on October 1. If he is found com­pe­tent, his exe­cu­tion remains sched­uled for October 13.

Tennessee Supreme Court denies stay for death row inmate Christa Pike

(TNND) — As Tennessee prepares for a Sept. 30 execution, the Tennessee Supreme Court has denied death row inmate Christa Gail Pike’s request to stop it. The court rejected Pike’s challenge to the state’s lethal-injection protocol, finding that her thrombocytosis diagnosis, a condition involving elevated blood platelets, did not show the execution would violate the Eighth Amendment ban on cruel and unusual punishment.

Texas executes Ker’Sean Ramey

Texas executes man for a triple killing, days after other man convicted in case was put to death  A man was executed Wednesday evening in Texas for a triple killing committed during an attempted robbery at a rural home, 1 week after the other man convicted in the case was put to death.  Ker’Sean Ramey, 41, was pronounced dead at 6:34 p.m. CDT following a lethal injection at the state penitentiary in Huntsville. He was the 6th person executed this year in Texas, with 3 more lethal injections scheduled in the state over the next 2 months. 

Philippines | President Marcos Grants Absolute Pardon to Mary Jane Veloso

President Marcos Confirms Decision to Grant Absolute Pardon to Mary Jane Veloso  President Ferdinand R. Marcos Jr. has signed an absolute pardon for Mary Jane Veloso after more than a decade.  On Friday (September 25, 2026), the President confirmed the decision during a visit to Guiuan, Eastern Samar.  According to him, the pardon was officially signed the previous day, marking a major development in the case.  

Texas set to execute second man convicted in 2005 South Texas triple murder

Ker’Sean Olajuwa Ramey is scheduled to die Wednesday, one week after the state executed his co-defendant for the same killings. Texas is scheduled to execute a man on Wednesday for the 2005 shooting deaths of three people during a botched robbery in a small South Texas town, just one week after the state put his co-defendant to death for the same crime. Ker’Sean Olajuwa Ramey, 41, is scheduled to die by lethal injection Wednesday evening at the state penitentiary in Huntsville.

Florida | Tomasz Kosowski found guilty of murder after representing himself in death penalty case

Tomasz Kosowski sat each day alone at the defense table, wearing orange jail garb and rubber sandals with socks. In a rare and largely unprecedented move for a death penalty case, Kosowski represented himself, waiving his right to a jury trial and allowing a judge in Pinellas County, Florida, to decide his fate. Prosecutors presented the state’s case over six days, laying out for the judge how the former plastic surgeon accosted Steven Cozzi in the bathroom of his law office on a Tuesday morning, and Cozzi was never seen again.

Florida | He executed death row prisoners. Then they came back to haunt him

Dunnellon, Florida—Every night, one of the men Ron McAndrew killed would sit at the foot of his bed and stare, blankly, into his tortured soul. He knew they were coming. He’d shift over in his sheets to make room. “They never said anything,” McAndrew recalls, his aged voice straining from the weight of the memory. “They just sat there and looked at me.” But their eyes would talk. They would ask, "How could you do such a thing?’” says McAndrew. “You always claimed to be a good person. And now you’re killing people.”

DNA evidence doesn’t match man who spent decades on death row, Utah prosecutors say

Douglas Stewart Carter, 71, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen Prosecutors are dropping their plan to seek the death penalty in an upcoming retrial of a Utah man who spent decades on death row for a 1985 killing in which newly analyzed DNA evidence did not match him. Douglas Stewart Carter, 71, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen, the aunt of a former Provo police chief. The state Supreme Court last year ordered a new trial, citing misconduct by investigators. Carter remains in custody and maintains his innocence.

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

Tennessee | Christa Pike Requests Clemency Ahead of September 30 Execution Date; Experts’ Amicus Brief Points to ​‘Substantial Risk’ of Re-traumatization

Lawyers for Christa Pike, the only woman on Tennessee’s death row, filed a 226-page clemen­cy peti­tion with Governor Bill Lee, ask­ing him to com­mute her death sen­tence to life in prison with­out the pos­si­bil­i­ty of parole ahead of her September 30 exe­cu­tion date. Ms. Pike’s clemen­cy peti­tion out­lines the case her team has built over decades of appeals: her actions at 18 years old can­not be sep­a­rat­ed from a child­hood marked by repeat­ed rape, sex­u­al abuse, and neglect that went unad­dressed by the adults and state sys­tems meant to pro­tect her. Once incar­cer­at­ed, Ms. Pike was diag­nosed with bipo­lar dis­or­der and post-trau­mat­ic stress disorder.