Life Imprisonment Without the Possibility of Release – The Many Constitutional Sins of Sriharan

The Supreme Court validating sentences of life imprisonment without the possibility of release by excluding remission raise questions about both the desirability of such a punishment and also about the serious disruption in the separation of powers.

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Amartya Kanjilal
Climb the escalator of reason

The cognitive psychologist, Steven Pinker, identifies ‘the escalator of reason’ as a historical force, which has helped reduce violence in societies. For India’s criminal justice system to climb the escalator of reason, our political and judicial leadership need to create and preserve a culture of the dispassionate study of the human costs and benefits of retribution, no matter how serious the shock to our conscience.

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Yash VijayComment
Ineffective and Arbitrary

The amendments to the Indian Penal Code passed by Rajasthan and Madhya Pradesh introducing the death penalty as a possible punishment for the rape of a girl below the age of 12 years

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Anup Surendranath
Criminal Justice and the Death Penalty in India: An Opinion Study with 60 Former Supreme Court Judges

The study allows us to better understand judicial thought processes on the death penalty while locating it within the broader context of India’s criminal justice system.

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Neetika Vishwanath
Beyond Inconsistent Application: Inherent Gaps in the ‘Rarest of Rare’ Framework

In Matters of Judgment, an opinion study among sixty former Supreme Court judges on the death penalty and the criminal justice system, former judges strongly acknowledged the role of personal backgrounds while exercising judicial discretion in the context of capital cases.

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Preeti Dash & Rahul Raman
The Quality Of Mercy

Pranab Mukherjee’s troubling record on clemency for death-row convicts

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Amartya Kanjilal
Guilty. What Next? – How Courts Decide Between Life Imprisonment and Capital Punishment

While making judgments, courts are supposed to go beyond the crime committed to gather a holistic picture of the accused’s life.

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Should we do away with Capital Punishment?

Crimes are as much about social failure as individual responsibility. Justice must be tempered by this reality

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Anup Surendranath
Important Judgments and Orders
Nishant Gokhale
Hard cases and good law

An apex court order has thrown light on appreciating mitigating evidence before sentencing death penalty

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Conditions in Death Row Are a Recipe For Mental Health Disasters

In addition to being kept in solitary confinement despite Supreme Court guidelines to the contrary, death row prisoners have little to no access to any sort of mental health facilities.

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Himanshu Agarwal