Challenges of processing death sentence in India

Source: The post ‘Challenges of processing death sentence in India’ has been created, based on the article “India’s burgeoning death penalty crisis” published in “The Hindu” on 2nd March 2024.

UPSC Syllabus Topic: GS Paper 2 – Governance – Criminal Justice System in India

News: This article discusses the increasing number of prisoners on death row in India and the high rate of their acquittal by the Supreme Court. It highlights the systemic issues in the criminal justice system and questions the effectiveness of the death penalty. Challenges of Processing Death Sentence in India

What is the current state of death row in India?

India’s death row population is at its highest since 2004, with 561 inmates by the end of 2023.

The Death Penalty India Report (2016) found that only 4.9% of death sentences from 2000-15 were confirmed at the appellate level.

Trial courts imposed 86.96% of death sentences without mandated information.

Data from Project 39A’s report revealing a 15% decrease in High Court case disposal rate.

What issues exist in the sentencing process?

Sentencing Issues: Trial courts continue to impose death sentences without required information about the accused, as mandated in a 2022 case.

High Acquittal Rate: The Supreme Court acquitted about 55% of death row prisoners in 2023, indicating potential errors in lower court judgments.

Failed Reform Implementation: Despite the Supreme Court’s sentencing reform directions in “Manoj vs The State Of Madhya Pradesh” (May 2022), these reforms have not been implemented by trial courts for two consecutive years.

Systemic Legal Failures: Instances of fabricated evidence and questionable police procedures lead to wrongful convictions, emphasizing deep-rooted issues in the criminal justice system.

What are the conditions for death row prisoners?

Constant Distress: Death row inmates live in fear of execution, causing ongoing psychological stress. This persists even after acquittal or commutation.

Violence and Humiliation: Prisoners on death row often face violence and ridicule within the prison system.

Isolation from Activities: They are segregated from work, education, and leisure activities, worsening their mental state.

Increase in Death Row Population: Despite these conditions, the death row population continues to grow due to excessive sentencing by trial courts.

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Way forward

To address these issues, the Supreme Court needs to broaden its reform beyond sentencing, tackling systemic problems in the criminal justice process. This includes ensuring fair trials and addressing police and prosecutorial misconduct. Improving prison conditions for death row inmates is also crucial.

Question for practice:

Discuss the current state of death row in India and the systemic issues in the criminal justice system.