ISSN 2581-5369
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Gender Bias in Execution of Death Penalty in Post-Independence India: A Reason for Abolition
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Ranjan Kumar
Assistant Professor of Law, National Law Institute University, Bhopal
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Amitanshu Saxena
Student of Law, National Law Institute University, Bhopal
Abstract
In post-independence India conviction of women with capital punishment is considerable, however, the execution of death penalty on women is nil. This portrays the discrimination when it comes to actual execution of capital punishment, or in other words the fact that State has incidentally denied equality before law on the basis of sex. When the award of punishment is not uniform and a class of persons are consciously filtered out from its imposition, the continuance of such a flawed concept not only questions the very pillars of a legal system but ingrains ideas of discomfort and scepticism among general public. The paper, while evaluating facts and statistics supporting the notion, will analyse the extra-legal factors responsible for a predominantly patriarchal and paternalistic attitude of the judiciary and finally establish why gender bias should also be a ground for abolition of death penalty.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 4, Issue 2, Page 2285 - 2295
DOI: http://doi.one/10.1732/IJLMH.26502Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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