A Capricious Noose – An Analysis of the December 16 gang rape Verdict

A Capricious Noose  – An Analysis of the December 16 gang rape Verdict

The sentencing order in the December 16 gang rape case (State v. Ram Singh and Ors , SC No. 114/2013) highlights various problems with India’s death penalty jurisprudence. In this piece, I make and substantiate this argument by first describing the broad contours of, and debates within, India’s death penalty jurisprudence. I then analyze the sentencing order in Ram Singh and argue that not only was the legal reasoning in the verdict flawed, but that the sentencing order serves as a window to larger concerns with the death penalty itself.

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