Nirbhaya Case: Violation of Fundamental Rights in Death Penalty, says SC Amicus Curiae



In the 2012 Nirbhaya gang rape case, a new turn has come up. The amicus curiae of Supreme Court, Raju Ramachandran has urged the apex court to set aside the sentence verdict given to four convicts. He also said that the given death sentence has violated the fundamental rights of these convicts.


TEHELKA Highlights:

Amicus Curiae is not involved in a case but gives expert testimony when asked by the court

Ramachandran has earlier represented 26/11 death convict Ajmal Kasab in Supreme Court

There were total six convicts

Ramachandran finds six fundamental errors committed during trial court judgement

Accused Ram Singh found dead in Tihar Jail and a juvenile accused was released in December 2015


Raju RamachandranHe has also noted down six fundamental errors committed during trial court judgement which includes not taking into consideration the explanatory circumstances of the accused along with not hearing them in person about their punishment. According to the report of Ramachandran, this denies the fair trial to the accused and also violates Article 14 and 21 of the Constitution.

Ramachandran also stated that the court has not make any genuine efforts to bring out the mitigating circumstances of the accused like their socio-economic conditions, mental health etc., which could have a bearing on their sentence. The trial court also refrained from stating individual reasons for death penalty to the convicts and instead a ‘one-penalty-fits-all’ order was imposed, he added.

The said order was passed by the trial court on September 11, 2013 which was later confirmed by the Delhi High Court. The victim was a 23 year old paramedic, who was brutally gangraped by six persons in a moving bus in South Delhi on the night of 16 December 2012. The main accused of the crime, Ram Singh, was found dead in Tihar Jail in March 2013. A juvenile accused who was sentenced for three years in a reformation home was released in December 2015.

This gang rape has raised many questions on the safety measures for women in India and has forced the government to introduce new laws and provisions for crimes against women.