UN General Assembly Death Penalty Moratorium Resolution: India Opposes, 133 Countries Vote in Favour

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India voted against a United Nations General Assembly resolution calling on nations to establish a moratorium on the death penalty. The 193-member UNGA adopted the resolution on Friday, November 13, 2026, by a recorded vote, with 133 countries in favour, 33 against and 16 abstentions. The resolution was introduced by Mexico.

India was among the 33 countries that voted against the resolution, including Bahrain, China, Egypt, Iran, Iraq, Japan, Kuwait, Maldives, Oman, Pakistan, Qatar, Saudi Arabia and the United States. The resolution expressed deep concern about the continued application of the death penalty and reaffirmed the right of all countries to develop their own legal systems, including determining appropriate legal penalties in accordance with international law. It also expressed deep concern that, despite the global trend towards limiting the application of the death penalty, there was a significant surge in reported executions in 2025.

What is India's legal position on the death penalty?

The death penalty in India is governed by the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita. The Supreme Court established the 'rarest of rare' doctrine in the 1980 Bachan Singh v. State of Punjab judgment. In the 1983 case of Mithu v. State of Punjab, the Supreme Court struck down the mandatory death sentence under Section 303 of the IPC. India has consistently voted against UN General Assembly resolutions calling for a moratorium on the death penalty since the first such resolution was introduced in 2007, arguing that it is a matter of each nation's sovereign criminal justice system. The Law Commission of India, in its 262nd report in 2015, recommended the abolition of the death penalty for all crimes except terrorism-related offences and waging war against the state.

What does the resolution call for?

The resolution calls upon all states to establish a moratorium on executions with a view to abolishing the death penalty. It also calls upon states that have abolished the death penalty not to reintroduce it. The resolution calls for progressively restricting the use of capital punishment, reducing the number of offences for which it may be imposed, and removing its mandatory application. It also calls for restrictions on imposing the death penalty on pregnant women, persons with mental or intellectual disabilities, older persons, and on offences committed by persons below 18 years of age or whose age above 18 at the time of the offence cannot be accurately determined.

What are the safeguards and restrictions proposed?

The resolution calls for not imposing capital punishment for offences committed by persons below 18 years of age or whose age above 18 years at the time of the commission of the crime cannot be accurately determined. It also calls for restricting the use of the death penalty on pregnant women, persons with mental or intellectual disabilities, and older persons. Additionally, it urges states to reduce the number of offences carrying the death penalty, including by removing its mandatory application.