India votes against UNGA draft resolution on use of death penalty

• India has voted against a UN General Assembly draft resolution on the use of death penalty, saying it goes against the statutory law of the country where an execution is carried out in the “rarest of rare” cases.
• The draft resolution, taken up in the Third Committee (Social, Humanitarian, Cultural) of the General Assembly Tuesday, was approved with a recorded vote of 123 in favour, 36 against and 30 abstentions.

Analysis

• In India, the death penalty is exercised in ‘rarest of rare’ cases, where the crime committed is so heinous that it shocks the conscience of the society. Indian law provides for all requisite procedural safeguards, including the right to a fair trial by an independent Court, the presumption of innocence, the minimum guarantees for defence, and the right to review by a higher court.
• Indian laws have specific provisions for commutation of the death penalty in the case of pregnant women and has rulings that prohibited executions of persons with mental or intellectual disabilities, while juvenile offenders cannot be sentenced to death under any circumstances.
• Death sentences in India must also be confirmed by a superior court and an accused has the right to appeal to a high court or the Supreme Court, which has adopted guidelines on clemency and the treatment of death row prisoners, she said.
• Poverty, socio-economic, psychic compulsions, undeserved adversities in life constituted new mitigating factors to be considered by courts in commuting a death sentence to life imprisonment.
• The President of India in all cases, and the governors of states under their respective jurisdictions, have the power to grant pardons, reprieves, respites or remissions of punishment or, to suspend, remit or commute the sentence of death penalty.

By: Vishal