AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 262

B. Recommendation

7.2.1 The Commission recommends that measures suggested in para 7.1.3 above, which include provisions for police reforms, witness protection scheme and victim compensation scheme should be taken up expeditiously by the government.

7.2.2 The march of our own jurisprudenc.-- from removing the requirement of giving special reasons for imposing life imprisonment instead of death in 1955; to requiring special reasons for imposing the death penalty in 1973; to 1980 when the death penalty was restricted by the Supreme Court to the rarest of rare case.- shows the direction in which we have to head.

Informed also by the expanded and deepened contents and horizons of the right to life and strengthened due process requirements in the interactions between the state and the individual, prevailing standards of constitutional morality and human dignity, the Commission feels that time has come for India to move towards abolition of the death penalty.

7.2.3 Although there is no valid penological justification for treating terrorism differently from other crimes, concern is often raised that abolition of death penalty for terrorism related offences and waging war, will affect national security. However, given the concerns raised by the law makers, the commission does not see any reason to wait any longer to take the first step towards abolition of the death penalty for all offences other than terrorism related offences.

7.2.4 The Commission accordingly recommends that the death penalty be abolished for all crimes other than terrorism related offences and waging war.

7.2.5 The Commission trusts that this Report will contribute to a more rational, principled and informed debate on the abolition of the death penalty for all crimes.

7.2.6 Further, the Commission sincerely hopes that the movement towards absolute abolition will be swift and irreversible.

Sd/-
[Justice A.P. Shah]
Chairman

Sd/-
[Justice S.N. Kapoor]
Member

Sd/-
[Prof. (Dr.) Mool Chand Sharma]
Member

--
[Justice Usha Mehra]
Member

--
[P.K. Malhotra]
Ex-officio Member

--
[Dr. Sanjay Singh]
Ex-officio Member

Sd/-
[Dr. G. Narayana Raju]
Member-Secretary

Sd/-
[R. Venkataramani]
Member (Part-Time)

Sd/-
[Prof. (Dr.) Gurjeet Singh]
Member (Part-Time)

Sd/-
[Dr. B. N. Mani]
Member (Part-Time)



Death Penalty Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys