Mandatory Death Penalty and Human Rights: The Intersection of Gender and Capital Punishment in India and the USA

Swikriti Mahajan

PhD scholar from Department of Law Jammu University
Email:swikritimahajan100@gmail.com

ABSTRACT

The convergence of mandatory death penalties and human rights creates serious difficulties, notably for women in India's and the United States' legal systems. The death sentence is frequently attacked as a breach of fundamental human rights, particularly the right to life, which is enshrined in the Universal Declaration of Human Rights. This punitive approach disproportionately impacts underprivileged populations, notably women, who may be particularly vulnerable in the court system. In both countries, gender biases can influence legal outcomes, with women frequently receiving harsher sentences as a result of cultural prejudices and discrimination. Mandatory death penalties remove judicial discretion, preventing judges from taking into account mitigating considerations such as the defendant's background or the circumstances of the offense. This rigidity can increase gender inequities, as women are more likely to face the death penalty for offenses involving domestic abuse or coercion. Furthermore, the psychological impact of a death sentence, particularly for women, can result in serious mental health disorders, exacerbating their predicament within an already faulty legal system. In India, cultural stigmas and gender-based violence collide with legal systems, frequently resulting in disproportionate sentence for women. Similarly, in the United States, systemic racism and socioeconomic issues exacerbate the difficulties experienced by female defendants. The use of capital punishment not only raises ethical concerns, but it also emphasizes the critical need for reform in how gender effects legal processes and human rights considerations. To summarize, addressing the nexus of gender and obligatory death penalties is critical for furthering human rights safeguards and guaranteeing fair treatment within judicial systems. Keywords: Mandatory Death Penalty, Human Rights, Gender Disparities, Legal Outcomes, Capital Punishment, Judicial Discretion, Systemic Discrimination.

Cite the article: Mahajan, Swikriti. "Mandatory Death Penalty and Human Rights: The Intersection of Gender and Capital Punishment in India and the USA." International Journal of Law, Education, Social and Sports Studies, vol. 12, no. 1, 2025, pp. 1-8. doi:10.33329/ijless.12.1.1.

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