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Uniform framework based on which trial courts shall award death sentences

Death Sentence

The Supreme Court has decided to form a uniform framework based on which trial courts shall award death sentences. The apex court has observed that the present situation places the convict at a hopeless disadvantage.

  • This step has come 42 years after the five-judge bench decided on the  Bachan Singh vs. State of Punjab AIR 1980 SC 898. This was followed by the 2015 committee report which stated that death punishment should be abolished except for terror related cases. Bringing new framework is a welcome step for India for active advocacy of death.
  • Project 39A has previously published a report wherein it stated that 76% death row convicts belonged from a scheduled tribes and castes. The SC has stated that while deciding on death sentence, the trial courts have to take into consideration the education levels, prior trauma faced, family circumstances and upbringing. The law should treat individuals on a more personal level before subjecting them through trials of life and death.

 

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Tanya Bhilware