Law panel to look into relevance of death penalty

Mangalore Today News Network

New Delhi, May 27, 2014:  The Law Commission of India has decided to conduct a detailed study on the need for continuation of death penalty, in view of the recent Supreme Court rulings averting 19 “imminent executions”.

“In the last decade, the Supreme Court has revisited the theme of constitutional regulation of death penalty multiple times. The comments made by the Supreme Court in this regard indicate a degree of anxiety felt by the Court in dealing with the issue of death penalty,” the panel noted in a consultation paper.

Inviting suggestions on the need for death penalty, it said an exhaustive study on the subject would be a useful and salutary contribution to the cause of public debate on this issue. Such a study will also provide a definitive research backed orientation to the lawmakers and judges on this very contentious issue.

Notably, across the world over, about 140 countries have abolished the death penalty and over 20 other countries, even after having retained it, have not executed capital sentences in ten years.

“The issue of death penalty, its place in a modern criminal justice system, alternatives to the same and the socio-legal costs implicit in retaining the penalty need urgent examination,” it said, adding in recent years, the Supreme Court has admitted that the question of death penalty is not free from the subjective element and is sometimes unduly influenced by public opinion.

“In the last decade, death penalty has become a subject-matter of intense focus in the Supreme Court.

The apex court on various occasions has wrestled with the disparate application of law on death penalty and constitutional fairness implications of the same.

A systematic study which would address the queries and concerns of courts and also presents an international perspective on the issue is much needed.