New Delhi: The law commission on Monday has recommended the abolition of death penalty in a landmark decision. However there will be exceptions in terror cases although three members of the commission have dissented from the report.
The main points of the report are:-
- Death for terrorism should be debated by Parliament, abolition in its case not immediately recommended by Law Commission.
- Deterrence is a myth, retributive justice should not turn into vengeance, Law Commission notes with respect to death penalty.
- Principle of ‘rarest of rare’ cannot be operated free of arbitrariness, is constitutionally unsustainable.
The present law of the death penalty was laid down in Bachan Singh v. UOI (1980), when the Supreme Court upheld the constitutionality of the penalty. However, the apex court confined its application to the rarest of rare cases, to reduce the arbitrariness of the penalty