Rarest of Rare Doctrine

In January, two separate murder convictions (Kolkata Doctor's Murder (Sanjay Roy Case) and Sharon Raj Murder case) led to contrasting verdicts, raising questions about how the Indian judiciary applies the death penalty and the 'rarest of rare' doctrine.

The Cases

• Kolkata Doctor's Murder (Sanjay Roy Case) - Life Imprisonment:
  • Incident: A female postgraduate medical trainee was raped and murdered inside a seminar room at Kolkata's R.G. Kar Medical College and Hospital. The accused, Sanjay Roy, a civic volunteer, was arrested after forensic evidence linked him to the crime.
  • Verdict: The Additional District and Sessions Judge decided that the crime did not fall into the ‘rarest of rare’ category and sentenced Roy to life imprisonment, along with a fine. This verdict was based on the nature of the crime, which the judge did not consider to be exceptionally heinous enough for the death penalty.
• Sharon Raj Murder - Death Penalty:
  • Incident: Sharon Raj, a 23-year-old student from Kerala, was poisoned by his partner, Greeshma. She laced an Ayurvedic drink with poison. Raj died after suffering multiple organ failures.
  • Verdict: The Neyyattinkara Additional Sessions Court classified this case as one of the ‘rarest of rare’ and imposed the death penalty on Greeshma, based on the brutal nature of the crime and the emotional betrayal involved.

What is the ‘Rarest of Rare’ Doctrine?

The 'rarest of rare' doctrine determines when the death penalty should be applied. This doctrine was established by the Supreme Court of India to limit the application of capital punishment and ensure it is reserved for the most egregious crimes. However, the doctrine has not been clearly defined in law, leading to judicial discretion.

• 1972: Jagmohan Singh v. State of U.P.: The Supreme Court upheld the constitutionality of the death penalty, stating that it did not violate fundamental rights. However, it also noted the lack of guidelines on when to impose it, leaving judges with broad discretion.
• 1980: Bachan Singh v. State of Punjab: This case is crucial as it established the ‘rarest of rare’ doctrine, mandating that the death penalty should only be imposed in exceptional cases. However, the court did not define what constituted a 'rarest of rare'
• 1983: Machhi Singh v. State of Punjab: This case outlined five categories of crimes where the death penalty could be justified under the ‘rarest of rare’ doctrine:
  • Manner of the crime: Extremely brutal murders that cause extreme public outrage.
  • Motive: Murders driven by total depravity or moral corruption.
  • Socially abhorrent nature: Crimes that target marginalized communities.
  • Magnitude: Large-scale or widespread crimes.
  • Personality of the offender: Victims who are especially vulnerable (e.g., children, the elderly, or women).

Revisions and Challenges:

Despite the framework provided in Machhi Singh, the Supreme Court has continued to address issues surrounding the death penalty:

• 1983: Mithu v. State of Punjab: The Court struck down Section 303 of the Indian Penal Code (IPC), which mandated the death penalty for a murder committed by someone already serving a life sentence. The Court ruled that this violated the Constitution's equality provisions (Article 14 and Article 21).
• 2022: Supreme Court’s Referral to Constitution Bench: In September 2022, the Supreme Court referred the issue of providing a “meaningful hearing” on mitigating circumstances to a Constitution Bench. This might lead to clearer guidelines on how to consider the circumstances of the accused when determining if a crime is ‘rarest of rare’.

Key Challenges and Controversies:

• Lack of a clear definition: While the Supreme Court has set out certain criteria for determining ‘rarest of rare’, the subjectivity involved in applying these criteria leads to varying interpretations by different judges in similar cases.
• Judicial Discretion: The broad discretionary power left to judges in deciding whether a crime qualifies as ‘rarest of rare’ continues to make the application of the death penalty
• Death penalty crisis: With increasing death sentences being awarded, there is growing concern over the fairness and effectiveness of the capital punishment system in India.