King's College London

Research portal

Unconstitutionalising India’s Death Penalty

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Standard

Unconstitutionalising India’s Death Penalty. / Juss, Satvinder.

Human Rights in India. 1st. ed. Routledge, 2019. p. 105-124.

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Harvard

Juss, S 2019, Unconstitutionalising India’s Death Penalty. in Human Rights in India. 1st edn, Routledge, pp. 105-124. https://doi.org/10.4324/9780367178604

APA

Juss, S. (2019). Unconstitutionalising India’s Death Penalty. In Human Rights in India (1st ed., pp. 105-124). Routledge. https://doi.org/10.4324/9780367178604

Vancouver

Juss S. Unconstitutionalising India’s Death Penalty. In Human Rights in India. 1st ed. Routledge. 2019. p. 105-124 https://doi.org/10.4324/9780367178604

Author

Juss, Satvinder. / Unconstitutionalising India’s Death Penalty. Human Rights in India. 1st. ed. Routledge, 2019. pp. 105-124

Bibtex Download

@inbook{f8379b709d5d41f2814ac0b47596fb9d,
title = "Unconstitutionalising India{\textquoteright}s Death Penalty",
abstract = "This chapter argues that there is an uncertain legal basis for the use of the death penalty in India in the first place because the Indian Constitution does not provide for capital punishment. A strong re-emergence in the popularity of the death penalty has taken place in the Indian sub-continent. Judges proceed in the judgment by providing a description of the offender that installs the perpetrator in the public imagination as an uncivilised savage who is beyond the pale of human society, fit only for death by hanging. The chapter suggests that populist government measures, including those introducing the death penalty for new offences, pose particular problems for the Indian judiciary, especially when enacted by the executive branch instead of the legislature. It discusses a different interpretation of the use of such luridly tendentious words expressed with staccato anger, namely, that the death penalty in India has become an instrument of coercive post-colonial legal violence.",
author = "Satvinder Juss",
year = "2019",
doi = "10.4324/9780367178604",
language = "English",
pages = "105--124",
booktitle = "Human Rights in India",
publisher = "Routledge",
edition = "1st",

}

RIS (suitable for import to EndNote) Download

TY - CHAP

T1 - Unconstitutionalising India’s Death Penalty

AU - Juss, Satvinder

PY - 2019

Y1 - 2019

N2 - This chapter argues that there is an uncertain legal basis for the use of the death penalty in India in the first place because the Indian Constitution does not provide for capital punishment. A strong re-emergence in the popularity of the death penalty has taken place in the Indian sub-continent. Judges proceed in the judgment by providing a description of the offender that installs the perpetrator in the public imagination as an uncivilised savage who is beyond the pale of human society, fit only for death by hanging. The chapter suggests that populist government measures, including those introducing the death penalty for new offences, pose particular problems for the Indian judiciary, especially when enacted by the executive branch instead of the legislature. It discusses a different interpretation of the use of such luridly tendentious words expressed with staccato anger, namely, that the death penalty in India has become an instrument of coercive post-colonial legal violence.

AB - This chapter argues that there is an uncertain legal basis for the use of the death penalty in India in the first place because the Indian Constitution does not provide for capital punishment. A strong re-emergence in the popularity of the death penalty has taken place in the Indian sub-continent. Judges proceed in the judgment by providing a description of the offender that installs the perpetrator in the public imagination as an uncivilised savage who is beyond the pale of human society, fit only for death by hanging. The chapter suggests that populist government measures, including those introducing the death penalty for new offences, pose particular problems for the Indian judiciary, especially when enacted by the executive branch instead of the legislature. It discusses a different interpretation of the use of such luridly tendentious words expressed with staccato anger, namely, that the death penalty in India has become an instrument of coercive post-colonial legal violence.

U2 - 10.4324/9780367178604

DO - 10.4324/9780367178604

M3 - Chapter

SP - 105

EP - 124

BT - Human Rights in India

PB - Routledge

ER -

View graph of relations

© 2020 King's College London | Strand | London WC2R 2LS | England | United Kingdom | Tel +44 (0)20 7836 5454