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Confronting Capital Punishment in AsiaHuman Rights, Politics and Public Opinion$
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Roger Hood and Surya Deva

Print publication date: 2013

Print ISBN-13: 9780199685776

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199685776.001.0001

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

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

Chapter:
(p.123) 7 Abolition of the Death Penalty in India: Legal, Constitutional, and Human Rights Dimensions
Source:
Confronting Capital Punishment in Asia
Author(s):

Amit Bindal

C Raj Kumar

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199685776.003.0008

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

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