Ninety per cent of the states have supported retaining death penalty in the country, the government told the Rajya Sabha on Friday where a private member's bill seeking abolition of capital punishment came up for consideration.
Responding to the debate, Minister of State for Home G Kishan Reddy said the government is examining the issue and is yet to take a final call.
In August 2015, the Law Commission had recommended abolition of death penalties except in cases of terrorism and waging war against India.
Since, the matter falls within the concurrent list of the constitution, the centre had sought the opinion of states in October 2015.
After several reminders, 14 states and 5 Union Territories responded.
"90 per cent want to retain death penalty except one state," Reddy said.
No society wants to kill a person, but on the other side there are some heinous crimes like Nirbhaya also within the same society, the minister said.
"The government is seized of the matter and is examining this issue. It may take a view on the report after reaching a broad consensus on this matter," said Reddy.
Over concerns that in some cases innocent and poor people could be wrongly convicted, the minister told the Members said that the country's constitution has provided several tiers of steps to safeguard the innocents.
"If a trial court awards capital punishment, then it could be appealed before the High Court and then to the governor of state. If governor also rejects, then he can appeal before the Supreme Court and finally before the President of India," Reddy said.
He further said: "Death penalty is given only in exceptional and unavoidable situations."
To protect the Parliament, nine people were martyred and the families of those people also had "fundamental rights."
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