Constitutional Dimensions Of The “Rarest Of Rare” Doctrine In Rape Cases
- IJLLR Journal
- 9 minutes ago
- 2 min read
Vishwa Manjunath, School of Law, Christ (deemed to be) University
ABSTRACT
The application of the "rarest of rare" doctrine in cases of rape creates an essential constitutional deadlock due to the non-existence of clear constitutional parameters to determine situations in which sexual assault would be eligible for being punished through capital punishment.
This research examines the constitutional vacuum that has emerged from the doctrine's expansion beyond homicidal crimes to encompass rape cases, revealing a troubling pattern of judicial inconsistency that undermines constitutional principles of equality and due process. The study analyzes recent judicial pronouncements where fathers repeatedly raping and impregnating their minor daughters have been deemed "not rare enough" for capital punishment. At the same time, similar cases receive vastly different treatment across Indian courts. Through an analysis of constitutional aspects under Articles 14 and 21, this study reveals how the lack of standardized constitutional parameters has established a system in which constitutional morality becomes a sacrifice at the altar of individual judicial subjectivity.
The paper critiques landmark cases and contemporary judicial trends, which, in effect, illustrate constitutional inadequacy in present paradigms to combat sexual violence while keeping constitutional integrity intact. The study finds that constitutional incoherence marks the doctrine's application to cases of rape, establishing an unconstitutional legal framework in which brutal crimes against the most vulnerable entities in society come to be subject to arbitrary constitutional understanding. This work joins an essential deliberation on constitutional reformation necessary to bring into being definitive parameters, which strike an equilibrium between constitutional rights and the necessity of justice to victims of sexual violence.
Keywords: Constitutional dimensions, Rarest of rare doctrine, Rape cases, Constitutional standards, Judicial inconsistency, Article 14, Article 21, Constitutional morality, Sexual violence, Capital punishment, Definitional crisis.
