Rare Instances of Women Receiving Capital Punishment
Capital punishment for women is rare due to mitigating factors such as gender, social conditions, and psychological impact. However, heinous premeditated crimes (e.g., serial killings, family massacres) override these considerations.
Greeshma, a 24-year old literature student from Kanyakumari, was convicted of poisoning her boyfriend. She is the first woman in Kerala to receive the death penalty. This also highlights the rarity of capital punishment for women in India. That is here, "Rarest of rare" doctrine applied.
Rarest of Rare Doctrine
- The "rarest of rare" doctrine in India, established by the Supreme Court in Bachan Singh v. State of Punjab (1980) , mandates that the death penalty be imposed only in exceptional cases where life imprisonment is deemed inadequate.
- The "rarest of rare" doctrine is applied to determine the appropriateness of the death penalty.
- Courts assess factors like the brutality of the crime, the motive, and the impact on society to decide whether the case warrants capital punishment.
Other Cases of Women on Death Row
- Kanchan Kol (Madhya Pradesh, 2022) – Brutal murder of mother-in-law.
- Neelam Kaur (Punjab, 2024) – Kidnapped and buried a child alive.
- Shabnam & Salim (Uttar Pradesh, 2008-2021) – Murdered seven family members, execution pending.
- Renuka Shinde & Seema Gavit (Maharashtra, 1996-2004) – Kidnapped and murdered five children, awaiting execution.
- Rattan Bai Jain (India, 1955) – First woman executed in independent India for poisoning three girls.
Global Perspective on Women and Capital Punishment
- USA: Women make up 3.6% of death sentences but less than 1% of executions since 1608.
- China: Leading country in executions, but women are mainly sentenced for non-violent crimes like drug trafficking.
- Middle East (Iran, Saudi Arabia): Women often sentenced for morality crimes (adultery, sex work).
- Southeast Asia (Singapore, Malaysia, Indonesia): Harsh penalties, especially for drug-related crimes .
- Japan: Rare executions of women, reflecting cultural stigmas around female criminals.
