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बेसिक इंग्लिश का दूसरा सत्र (कक्षा प्रारंभ : 22 अक्तूबर, शाम 3:30 से 5:30)
Q. Death Penalty: Outline the key findings of recently released report on death penalty by National Law University and comment on findings of report.
May 09, 2016 Related to : GS Paper 2

Ans :

Introduction-

Recently the National law university Delhi has released its report on working of death penalty in India. The report has highlighted the experience of prisoners on death row about criminal justice system in India.

Key findings of the report-

  • Most of those sentenced for capital punishment are poor and uneducated, and mostly belongs to the Scheduled class, backward classes and minorities.

  • Out of 385 death row convicts, 241 were first-time offenders.

  • Some of them have committed crimes when they were juveniles, but lacked the documentation to prove their age.

  • 54 death row convicts whose age was available were between 18 and 21 at the time of the offence and 7 had crossed 60 years of age. It goes against the salutary principle that those too young and too old be spared the death sentence.

  • Some death row convicts claimed that they have not got any legal aid to defend themselves and most of them said that procedures that too be following under criminal justice system were regularly violated.

Analysis-

As many offenders belongs poor and backward section of the society, there is possibility that offender’s economic background, educational level, social status or religious identity working against his/her interests in legal proceedings. The link between socio-economic standing and access to competent legal counsel and effective representation is very strong.

Many times it has been argued that legal system in India favours the influential sections. The findings of the report raises question on systematic bias or institutionalised prejudice. Because many times legal grounds were not available to the vulnerable sections of the society. Hence it goes against the constitutional ethos of right to equality.

Conclusion-

Access to legal system should be equal to all without any socio-economic biasness. Socio-economic bias in the system must be addressed effectively. So that justice should be served without any bias.

Death penalty itself has been opposed on the grounds of its irreversibility, essential cruelty, possibility of error in judgement and the false sense of justice. Therefore Law and society will be better served if the death penalty itself is abolished.


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