involving sexual offences has increased from
18% in 2016 to 63% in 2020.
Public outrage to violent rapes and murders
of women and children in India lend support
to the idea that the death penalty nds
considerable endorsement in public opinion,
although these populist demands have not
been supported by some feminist activists,
particularly those associated with the Indian
Women’s Movement. In their submissions to
the expert committee constituted in the
aftermath of the Delhi gang rape case, they
refused to endorse the death penalty for
sexual offences, citing its disparate impact on
marginalised communities.
Another study conducted by the P39A (2017)
with former judges of the Supreme Court
found that a vast majority of the judges
supported the idea of retaining the death
penalty as a permissible punishment,
although there was signi cant disparity
among the judges as to what amounted to
the ‘rarest of rare’ circumstances for the
imposition of the death penalty.
Foreign Nationals
The death penalty in India for foreign
nationals applies mainly in the context of
terror offences. For example, in 2012, Ajmal
Kasab, a Pakistani national was hanged for his
role in the 2008 Mumbai terrorist attacks.
Research by the Death Penalty Research Unit
at the University of Oxford found that there
were at least two further foreign nationals
sentenced to death between 2016-2021,
both of whom were Pakistani men convicted
of taking part in terrorist attacks in the Red
Fort in 2000 and in Hyderabad in 2013,
resulting in multiple deaths. Reportedly, they
did not receive suf cient legal or consular
assistance from their embassies in their
arguing their cases.
Using the death penalty against foreign
nationals, particularly Pakistanis, in relation to
terrorist attacks carries with it a political
aspect, which should not be forgotten when
considering the impact of the death penalty
on foreign nationals in India.
Acknowledgements
With special thanks to the following organisations and individuals who lent their considerable assistance and expertise
towards this research in Vietnam: Project 39A, Preeti Dash, Rushil Batra, among others.
Death Penalty Research Unit, University of Oxford
For more research see:
fi
fi
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foreign-nationals.uwazi.io or tinyurl.com/mappingdeathrow