INDIA: LAW PANEL DRAFT PAPER FAVOURS ABOLITION OF DEATH PENALTY

August 28, 2015: The Law Commission is set to recommend abolition of death penalty in India except for terror convicts, media reports said. A 272-page draft report of the Law Commission was in favour of speedy abolition of the death penalty from the statute books, except in cases where the accused is convicted of involvement in a terror case, the Indian Express reported. The Law Commission had recommended retention of death penalty in 1962. “The Commission suggests that the death penalty be immediately abolished for all crimes other than terror offences. At the same time, for terror offences a moratorium as regards sentencing and execution be immediately put in place. This moratorium can be reviewed after a reasonable period,” the report quoted the draft as saying. The panel also hoped that the “movement towards absolute abolition will be swift and irreversible”. The commission, headed by justice (retd) AP Shah, is likely to submit its report next week to the Supreme Court which had asked the panel to study the issue.
 A copy of the report will also be handed over to the Union law minister as any call on changes in penal provisions has to be taken by Parliament.
 The panel’s term expires on August 31. According to the report, the commission is of the view that death penalty has not served its intended purpose of acting as a deterrent to crimes or criminals.
 “The quest for retribution as a penal justification cannot descend into cries for vengeance,” the draft paper said.
 The panel had held wide-ranging discussions with many different sections including political parties. Former president late APJ Abdul Kalam is among the people who had earlier supported abolishing death penalty while responding to a consultation paper of the Law Commission. (Sources: hindustantimes.com, 28/08/2015)