International Mechanism Submissions

India has failed to uphold its obligations under the International Covenant on Civil and Political Rights with respect to the death penalty. Rather than move away from the death penalty, lawmakers have recently introduced legislation that may increase the number of death-eligible offenses, including for offenses not entailing an intentional killing. As of 31 December 2023, a total of 561 people were living under a sentence of death. In 2022, 15 women were on death row . Since 2016, trial courts have been sentencing an average of 123 people to death each year. Over the years, however, appellate courts have become increasingly more reluctant to confirm these death sentences. In fact, the Supreme Court has acquitted many people sentenced to death on all charges and has commuted other death sentences to life imprisonment.

This report discusses fair trial violations both at the guilt determination and sentencing phases that prompt the Supreme Court to reverse determinations of guilt or commute death sentences. In September 2022, the Supreme Court acknowledged the gaps in India’s death penalty sentencing framework and called for a Constitution Bench (five judges) of the Supreme Court to address these issues. So far, this bench has not been formed and trial courts continue to sentence people to death.

This report also discusses the socio-economic profile of people on death row to demonstrate the disparate use of the penalty on persons from marginalized socio-economic backgrounds. Given the high number of appellate acquittals in death penalty cases, this report also highlights the urgent need to focus on compensation and rehabilitation of such persons. The report also addresses discrimination against women charged with capital crimes.

Finally, the report also discusses the psychological consequences of life on death row in light of the differential treatment of people under sentence of death. Considering the fairness concerns with the administration of the death penalty, this report recommends that India should abolish the death penalty altogether. In the meantime, India should impose a formal moratorium on the use of the death penalty.