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Death penalty abolition in other nataions, no ground to erase it in Indian law: SC

Press Trust of India  |  New Delhi 

The today said the of death penalty by the British Parliament, several Latin American nations and Australian states was no ground to erase from the statutes in

The apex court, which dismissed the review pleas filed by three of the four death row convicts of the sensational December 16, 2012 Nirbhaya gangrape and murder case, said the courts cannot be held for committing any illegality in awarding in "appropriate cases" till death penalty remains in the penal code.

A bench of and Justices and referred to a constitution bench verdict of the apex court and observed that after elaborately considering the existence of death penalty in the penal code, constitutional provisions and international covenant on civil and criminal rights, it was held that death penalty was "constitutionally valid".

The apex court dealt with this issue as A P Singh, appearing for convicts and Pawan Kumar Gupta, had argued before it about of death penalty in

"The submission of (A P) Singh that death penalty has been abolished by the in the year 1966 and several Latin American countries, and Australian states have also abolished death penalty, is no ground to efface death penalty from the statute book of our country," Justice Bhushan, writing the judgement for the bench, said while rejecting the review pleas filed by Vinay and Pawan.

Besides these two convicts, the apex court also rejected the review plea of another death-row convict Mukesh.

After the apex court verdict, human rights body India, in a statement, said that executions do not eradicate violence against women and government must allocate adequate resources for effective implementation of laws, improve conviction rates and ensure certainty of justice in all cases.

"Unfortunately executions do not eradicate violence against women. There is no evidence to show that death penalty acts as a deterrent for sexual violence or any other crime. Instead, the government must allocate adequate resources for the effective implementation of laws, improve conviction rates and ensure certainty of justice in all cases," Asmita Basu, India's Programmes director, said.

The 23-year-old student was gangraped on the intervening night of December 16-17, 2012 inside a running bus in South by six persons and severely assaulted before being thrown out on the road. She had succumbed to injuries on December 29, 2012 at in Singapore.

The apex court in its May 5, 2017 verdict had upheld awarded to them by the High Court and the trial court in the case.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Mon, July 09 2018. 20:55 IST
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