LAUSR

The death penalty has been the subject of controversy for a long time. South Asian countries have found themselves with this controversy by acquiring an ambivalent approach towards the death penalty. Out of eight South Asian countries, Afghanistan, Bangladesh, India and Pakistan retain the death penalty law, and firmly believe that the death penalty can deter people from committing future crimes, whereas Sri Lanka and Maldives have chosen to retain the death penalty law but have abolished it in practice. Conversely, Nepal and Bhutan are the only two countries that have abolished death penalty both in law and practice. In this context, this comparative study of death penalty trials explores the approach taken by the judiciary of two South Asian jurisdictions, Bangladesh and India, towards the death penalty. This paper utilizes the findings of two original empirical research projects that explored judges’ opinions on the retention and administration of the death penalty in both jurisdictions. Amnesty International death penalty reports along with the case judgements are used, which helped to portray the true approach and flaws in the death penalty trials in both the jurisdictions. The paper will assess the death penalty trials and approach of the different stakeholders in the trial to highlight the distinct approaches taken by the two jurisdictions towards the death penalty. The paper argues that in both countries there is inconsistency in sentencing, the social cry for justice is prioritized over convicts’ rights and, from judges to legal representatives, all the stakeholders involved in a criminal trial hold a convictive approach, making a criminal justice system which presumes justice is served by awarding the death penalty.