CEU Electronic Theses and Dissertations, 2019
| Author | Ahmad, Aqeel |
|---|---|
| Title | Rethinking Capital Punishment for Mentally Ill: A Comparative Study in the Context of Pakistan, India, And International Human Rights Law |
| Summary | This dissertation evaluates the practice of judicial execution of the mentally ill in Pakistan by analyzing Pakistan’s retention of the death penalty and her reluctance in excluding the mentally ill from its scope. It compares Pakistan’s case with India and discusses the trajectory that has significantly narrowed the scope of the death penalty in India. It shows that despite her international legal obligations, Pakistan continues to execute the mentally ill due to the State’s noncompliance of the domestic laws, non-incorporation of international legal obligations into the domestic legal framework, and the judiciary’s and executive’s lack of understanding of the mental health issues. It further identifies various factors due to which this practice still prevails. It recommends uniform application of International law as well as compliance with Islamic law to safeguard Pakistan’s mentally ill prisoners from being subjected to execution of their death sentences. |
| Supervisor | Thiruvengadam, Arun |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2019/ahmad_aqeel.pdf |
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