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)

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.

US Department of Justice announces decision to resume federal executions

The Department of Justice (DOJ) announced on Friday that it will resume the federal use of capital punishment and that it is seeking death sentences against 44 defendants. DOJ also said that it will use firing squads, electrocution, or nitrogen asphyxiation if the drug used in lethal injection is unavailable. The announcement follows the Restoring and Strengthening the Federal Death Penalty report, published on April 24. The report is especially critical of the moratorium on federal executions, ordered by Attorney General Merrick Garland in July 2021, to remain until the death penalty could be conducted “fairly and humanely.” Garland was concerned about the federal lethal injection protocol, which uses only one drug, pentobarbital, and the possibility that it causes “unnecessary pain and suffering.” In response to Garland’s moratorium and concerns, President Biden commuted the sentences of 37 prisoners on federal death row, leaving only three prisoners.

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.

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...

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Tennessee | Man set to be executed files motion claiming DNA evidence will exonerate him

MEMPHIS, Tenn. — Attorneys for death row inmate Tony Carruthers filed a motion in Shelby County Criminal Court seeking immediate DNA testing on evidence they claim will prove his innocence in a 1994 triple murder.  Carruthers is scheduled for execution on May 12. He was convicted and sentenced to death for the kidnapping and murders of 24-year-old Marcellos Anderson, 17-year-old Delois Anderson, and 21-year-old Frederick Scarborough. Prosecutors at trial alleged the victims were buried alive in a Memphis cemetery as part of a drug-related robbery.

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

Florida | Man avoids death penalty in Daytona Beach triple murder

Jerome Anderson shot and killed Antoine Melvin, 42, John Burch, 65, and Patrick Lassiter, 35, in 2023. A man pleaded no contest to a triple-murder in Daytona Beach and was sentenced April 20 to three consecutive life terms in prison as part of a plea deal in which he avoided a possible death sentence. Jerome Anderson, 41, was indicted on three counts of first-degree murder and possession of a firearm by a convicted felon in the 2023 triple-slaying. Anderson pleaded no contest to the three first-degree murder charges April 20 and, in exchange, Assistant State Attorney Andrew Urbanak agreed not to continue to pursue the death penalty.