[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Sept. 28



INDIA:

Home ministry says death penalty can't be abolished----The Law Commission had 
recommended abolishing the death penalty except in cases related to terrorism


The home ministry has rejected the Law Commission's recommendation of 
abolishing the death penalty except in cases related to terrorism.

The commission's report in which the suggestion was made was forwarded to the 
ministry earlier last week by the law ministry for a decision since amendments 
to the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) are in 
the jurisdiction of the former.

The home ministry was of the view that at present the death penalty cannot be 
abolished, 2 ministry officials said on condition of anonymity.

"We will also discuss the issue in detail with the law ministry over the next 
few days, but our view is clear that in the present situation, the death 
penalty should not be done away with," 1 of them said. "If required, we may 
seek some clarifications from the law ministry as well."

The 10-member law panel headed by former Delhi high court chief justice A.P. 
Shah in its report submitted to the law ministry on 31 August had said: "While 
death penalty does not serve the penological goal of deterrence any more than 
life imprisonment, concern is often raised that abolition of capital punishment 
for terror-related offences and waging war will affect national security."

While questioning the concept of awarding the death sentence in the rarest of 
rare cases, the commission observed: "After many lengthy and detailed 
deliberations, it is the view of the Law Commission that the administration of 
death penalty, even within the restrictive environment of rarest of rare 
doctrine, is constitutionally unsustainable. Continued administration of death 
penalty asks very difficult constitutional questions, these questions relate to 
the miscarriage of justice, errors, as well as the plight of the poor and 
disenfranchised in the criminal justice system."

The home ministry, however, believes the death penalty acts as a deterrent, at 
least in cases of sensational crime.

"The provision for death penalty in law has been kept for exceptional or 
extraordinary cases. For instance, if there is a gruesome case of rape and 
murder or an incident in which several members of a family are murdered for a 
property dispute or robbery," said the 2nd official cited earlier. "It is not 
just about terror-related cases only. The home ministry's view is that the time 
is not right to do away with the death penalty."

The government should pay due heed to the Law Commission's recommendations as 
these have been made after the commission examined the issue in great detail, 
according to lawyer Yug Mohit Chaudhry. Capital punishment is a shameful 
remnant of a medieval age and has no place in a modern civilized society, 
Chaudhry said.

At least 3 members of the law panel had given a dissent note, opposing the 
recommendation to abolish the death penalty. Law secretary P.K. Malhotra, 
legislative secretary Sanjay Singh and former judge Usha Mehra opposed the 
recommendation.

Parliament in its wisdom has prescribed death penalty only in heinous crimes, 
Malhotra said in his dissent note.

"The need of the hour is to retain it. We have a vibrant judiciary which is 
respected world over. We should have faith in the wisdom of our judges that 
they will exercise this power only in deserving cases for which the law is well 
laid down in various judgements," Malhotra noted.

Similarly, Singh maintained that the panel should not recommend something that 
has the effect of preventing the state from making any law in the interest of 
the sovereignty and integrity of the country.

(soruce: livemint.com)