Criminal Laws (Rajasthan Amendment) Bill, 2018: A Sturdy Action Plan against Child Abusers?

By Shivangi Singh, Amity Law School, Lucknow.

On March 12, the Rajasthan Assembly unanimously passed a Bill conferring capital punishment on those found guilty of sexually abusing children aged 12 or below. Rajasthan standing fourth in the crimes against women categories, sort this bill to be the need of the hour. The Bill, according such harsh punishment, i.e., death penalty, would restrain individuals from committing crime in the future, the Rajasthan Government personnel stated. Rajasthan is the second State, after Madhya Pradesh, to try and move towards implementing this countermeasure against the increasing cases of child abuse. The Haryana Government passed a similar Bill on March 15. (more…)

The raising dissent against Capital Punishment

By Pragya Dhoundiyal, Law Center-1, Faculty of Law, Delhi University.

The changing global political dynamics has brought India and Germany closer. Recently, Angela Merkel, Chancellor of Germany visited India along with her delegation. Progress was made on various fronts, however the Mutual Legal Assistance Treaty, could not culminate successfully even though the negotiations have been on since 2007. The reason given by Germany to not accept the treaty is the ‘death sentence’ that still prevails in India. India tried to convince Germany by giving them assurance that ‘death sentence’ is not a general rule but an exception which is handed out in the ‘rarest of rare’ cases, in order to deter criminals. Though every criminal act is heinous but there are some acts that shock the conscience of the society as a whole, like the ‘Nirbhaya case’ which is when the provision of death penalty is resorted to. The provision related to death penalty can only be invoked in cases where such a provision is provided, though for most of the offences in the Indian Penal Code, death penalty is not even provided. (more…)

Would India be justified in doing away with the Death Penalty?-Decoding the 262nd Law Commission Report

By Vershika Sharma, National Law University, Jodhpur.

India is one of the 59 countries in the world that still retain death penalty even after the United Nations General Assembly adopted Resolution 62/149 on 18-12-2007. 262nd Law Commission Report is the outcome of references made by the Supreme Court in death penalty matters to discuss and re-examine its previous reports and suggest changes considering recent debates and allegations on the national and international front. (more…)

Analysing Death Penalty like never before: Shankar Kisanrao Khade v. State Of Maharashtra

By Sudipta Purkayastha, Gujarat National Law University.

An eleven year old girl goes missing in the middle of the day. Forty eight hours later, the strangulated body of the hapless, mentally and physically handicapped child is found in a field. She is found to have been brutally raped. What happened?

In July 2006, the young girl, staying at Gunwant Maharaj Sansthan in Lakhanwadi, was enticed away from her home by a 52 year old man, a father figure that she had perhaps trusted, and his wife. They did not have to threaten her or forcibly abduct her – the lure of mango sweets was quite enough for the unsuspecting child. (more…)

An Unmitigated Look at Death Penalty

By Swarnalee Halder, Calcutta University, Department of Law.

Yakub Memon’s execution has reignited debate on death penalty in India. There has been a huge debate around the world over the use of death penalty; whether it should exist or not. Every man has a right to live. Article 21 of the Indian constitution provides to its citizens ‘protection of life and personal liberty’. (more…)

Should death penalty be banned?

By Deepti Purwar, Law College Dehradun.

Capital punishment is a legal process where a person is put to death by the state as a punishment for a crime. The capital punishment is in the form of death. The basic purpose of criminal laws of any nation is reformation and not retribution. It is the duty of State to protect the interests of society and capital punishment may be one of the means to achieve it. (more…)

A Study on the Agenda of Human Rights

By Jaskiran Kaur, Amity Law School, Delhi.

The death penalty entails the taking away of a person’s life after conviction on a capital offence by a competent court. The death penalty is still a legitimate form of punishment in some parts of United States of America, Saudi Arabia, and China.[1] The International Covenant on Civil and Political Rights was indicative of the international view against death penalty – Article 6 implores those states which have not abolished the death penalty to exercise caution in carrying out this penalty. (more…)

Capital Punishment: Justice or Revenge?

By Bhanu Chopra, Government Law College, Mumbai.

“The penalty of death differs from all other forms of criminal punishment, not in degree but in kind. It is unique in its total irrevocability. It is unique in its rejection of rehabilitation of the convict as a basic purpose of criminal justice. And it is unique, finally, in its absolute renunciation of all that is embodied in our concept of humanity.”[1] (more…)