Abolish Death Penalty India: Madras High Court modifies convict’s death sentence into life imprisonment for sexually abusing his minor daughter

Tuesday, November 21, 2023

Madras High Court modifies convict’s death sentence into life imprisonment for sexually abusing his minor daughter

Summary AI

Division Bench says, it is not a rarest of rare case warranting imposition of capital punishment & there was nothing on record to prove that the convict is a menace to the society with no possibility of reformation

Published - November 21, 2023 11:28 pm IST - CHENNAI

The Hindu Bureau

The Madras High Court on Tuesday modified from death to life the sentence imposed on a convict for having sexually abused his minor daughter from the age of seven to 12 years when she attained puberty and thereafter subjecting her to penetrative sexual assault leading to pregnancy and forced miscarriage.

📌 What Happened

The Madras High Court modified the death sentence earlier imposed on a man who had been convicted of sexually abusing his minor daughter and upheld his conviction under the Protection of Children from Sexual Offences (POCSO) Act.

⚖️ High Court’s Reasoning

The court noted that although the crime was heinous and serious, it did not qualify as a “rarest of rare” case under Indian law — the strict standard required for the death penalty. Therefore, the High Court commuted the sentence from death to life imprisonment.
The “rarest of rare” doctrine comes from Supreme Court precedents that say the death penalty should be imposed only in exceptional circumstances where the alternative of life imprisonment is clearly inadequate.

🧑‍⚖️ Other Orders

In related orders, the High Court also reviewed sentences of other family members connected to the case (in some reports, the mother’s conviction or sentence was varied or quashed on appeal).

📝 Legal Context

Under the POCSO Act, aggravated penetrative sexual assault against a minor is among the most serious offences and can result in severe punishments including death or life imprisonment.

📍 Key Takeaways

Conviction upheld — the court maintained that the evidence supported guilt.
Sentence reduced — the death penalty was changed to life imprisonment, following legal standards that reserve capital punishment for only the most exceptional cases.

Source: https://www.thehindu.com/news/national/tamil-nadu/madras-high-court-modifies-convicts-death-sentence-into-life-imprisonment-for-sexually-abusing-his-minor-daughter/article67558999.ece

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The Death Penalty Scenario in India

India is one of 193 countries that retains the death penalty. Some judges have delivered landmark verdicts upholding the rights of death row prisoners, while debates continue advocating abolition or reform of sentencing policies. The Indian government remains committed to retention, asserting executions occur only in “rarest of rare” cases. The death penalty applies to crimes including murder, kidnapping, terrorism, desertion, inducement to suicide of a minor or mentally-retarded person, and in certain cases of rape. Outrage over child rape and murder has intensified these discussions. After an unofficial eight-year moratorium, the government executed Ajmal Kasab (Mumbai attacks) in 2012 and Afzal Guru (Parliament attack) in 2013, both covertly and immediately after mercy petitions were rejected. Prior to this, Dhananjoy Chatterjee was executed in 2004 after 13 years on death row. Following these, many mercy petitions have been rejected, creating fear among death row convicts. Courts continue to hand down death sentences at an increasing rate. Empirical studies highlight the plight of death row prisoners. The India Exclusion Report 2017-18 found fair trial rights largely denied, with convicts often marginalized by caste, religion, poverty, and education. The Death Penalty Research Project (2015) documented socio-economic profiles and experiences of death row prisoners. Dr. Reena Mary George’s studies (2014, 2009) emphasized poverty, social exclusion, and dignity as central to death row experiences, and examined the human rights impact of the penalty. According to the National Crime Records Bureau 2015, 101 prisoners were on death row, with many sentences commuted to life. The “rarest of rare” doctrine introduced by the Supreme Court in the 1980s has not substantially limited death sentences, which have increased over the decades. Justice Joseph (2018) reaffirmed the Bachan Singh judgment but urged restriction of the death penalty to only those cases meeting its criteria. While updating the blog and conducting my own empirical studies, I observed the heinous nature of the crimes that were committed and thought about the families, about their loss, about the victims who for no fault of their own died. If I lost my relative or a dear friend, would I still oppose death penalty and would I still advocate to abolish the death sentence? Having worked in the criminal justice system and also having the seen the other side, where often it is the marginalized, vulnerable and oppressed who are on death row makes me want to advocate for abolition of this punishment. Victims should definitely get justice for their loss, for their pain. No one should escape the rule of law. As long as humanity exists; crime will exist. Should we not re-consider our sentencing policies? Reena Mary George