CONCEPT – DEATH SENTENCE GUIDELINES BY S.C., 2014

SHARE:

Excellent study material for all civil services aspirants - begin learning - Kar ke dikhayenge!

SHARE:

 CONCEPT – DEATH SENTENCE GUIDELINES BY S.C., 2014

Read more on - Polity | Economy | Schemes | S&T | Environment


    • We want death penalty: By 2014, a strong re-emergence of the popularity of the death penalty was seen in public consciousness. It was being felt that death penalty could cure the diseases like terrorism and sexual violence. The multiple mercy petitions rejected by then President Mukherjee added to the feeling. But sadly, there is an inbuilt unfairness in the administration of death penalty in India.
    • 2014 judgement: However, in January 2014, a judgement delivered by a three-judge bench of the Supreme Court commuted the death sentence of 15 death row convicts in the "Shatrughan Chauhan versus Union of India case", seeking to correct that imbalance. The guidelines issued in the judgement will prove to be a crucial step towards ensuring that India adopts a more humane process committed to the rule of law until the very end in carrying out death sentences.
    • Secret executions: After the secret executions of Ajmal Kasab and Afzal Guru, executions of Maganlal Barela in Jabalpur Central Jail along with that of Shivu and Jadeswamy in Belgaum Central Jail were stayed barely a few hours before their scheduled hour of hanging. Why? It was said that they were not given an opportunity to challenge the rejection of their mercy petitions. 
    • Shatrughan Chauhan case: In this case, the rejection of mercy petitions by the President was challenged on the grounds of undue delay in disposal of their mercy petitions, mental illness, and solitary confinement as supervening grounds.
      1. The most significant legal determination in the judgement authored by Chief Justice P. Sathasivam was that undue delay by the President in rejecting mercy to a death row convict amounts to torture. 
      2.  Further, such inordinate and unexplained delay by the President is sufficient in itself to entitle the convict to a commutation.While the court refused to fix a certain number of years above which undue delay would amount to torture, the time taken by the President in rejecting mercy petitions of the 15 prisoners ranged between 11 years and 1.5 years.
    • Shatrughan Chauhan case: In this case, the rejection of mercy petitions by the President was challenged on the grounds of undue delay in disposal of their mercy petitions, mental illness, and solitary confinement as supervening grounds.
      1. The court commuted the death sentences of 13 prisoners on the basis of undue delay while commuting the sentences of Barela and Sundar Singh on grounds of their mental illness. 
      2. Sathasivam, along with justices Ranjan Gogoi and Shiva Kirti Singh have taken the view that the crime in question is irrelevant while deciding the effects of keeping a death row prisoner waiting for a decision on his or her mercy petition. The suffering that comes with anticipating death on an every day basis for the judges amounted to torture, which was violative of the right to life under Article 21 of the Constitution.
    • Rejecting own verdict: Having held that the nature of crime is irrelevant in deciding the impact of delay, the judges also declared the April 2013 decision of the SC in the Devender Pal Singh Bhullar case to be characterized by lack of due regard to the law. 
      1. The holding by a two-judge bench in the Bhullar case was that those sentenced to death under anti-terror laws could not invoke the argument of undue delay to argue for commutation was held to be an incorrect application of an earlier decision of the Supreme Court in the Triveniben case (1988). 
      2. In declaring Bhullar per incuriam, the Chief Justice has done away with one of the most regressive judgements that the apex court handed down in 2013.
    • About the family: The judges are aware of the interests of the victim’s family but they are clear that the relevant phase to account for such interests is at the sentencing stage during the trial and the subsequent confirmation proceedings before the high court and the Supreme Court. They found it unacceptable that this argument could be invoked to trump the right to life claims of prisoners who had been subjected to treatment that amounted to torture.
    • Separation of powers: The court has deftly addressed the concerns of separation of powers raised in this case. 
      1. It must be remembered that in all these cases, the executive had exercised its power to reject mercy to all 15 prisoners under Article 72 of the Constitution. 
      2. It was argued that the court would be usurping the powers of the executive if it commuted the death sentences after mercy was rejected but the court has made it clear that it was not questioning the power of the President to reject mercy petition as he or she deemed fit. 
      3. The court maintained that it has extremely limited powers in exercising judicial review over the President’s decision. However, it said that enforcement of rights was squarely within its jurisdiction and that the determination of the content of fundamental rights was best left to the judiciary. 
      4. The court was of the view that these cases represented a grave violation of the right to life under Article 21 and that it was bound to protect the rights of all persons.
    • 2019 and 2020: The central govt. appealed to the S.C. that the 2014 guidelines were "accused-centric" and the victim, family and society were not considered in it. Govt. said that different accused in same case can cleverly use different remedies to delay executions. The Centre had filed review and curative petitions against the Shatrughan case, but both were rejected in 2014 and 2017, respectively.
                                                                                                                                                                  Read more on - Polity | Economy | Schemes | S&T | Environment

                                                                                                                                                                  PT's IAS Academy, PT education, IAS, CSE, UPSC, Prelims, Mains, exam coaching, exam prep, Civil Services test

                                                                                                                                                                  * Content sourced from free internet sources (publications, PIB site, international sites, etc.). Take your own subscriptions. Copyrights acknowledged. 

                                                                                                                                                                  COMMENTS

                                                                                                                                                                  Name

                                                                                                                                                                  01-01-2020,1,04-08-2021,1,05-08-2021,1,06-08-2021,1,28-06-2021,1,Abrahamic religions,6,Afganistan,1,Afghanistan,35,Afghanitan,1,Afghansitan,1,Africa,2,Agri tech,2,Agriculture,150,Ancient and Medieval History,51,Ancient History,4,Ancient sciences,1,April 2020,25,April 2021,22,Architecture and Literature of India,11,Armed forces,1,Art Culture and Literature,1,Art Culture Entertainment,2,Art Culture Languages,3,Art Culture Literature,10,Art Literature Entertainment,1,Artforms and Artists,1,Article 370,1,Arts,11,Athletes and Sportspersons,2,August 2020,24,August 2021,239,August-2021,3,Authorities and Commissions,4,Aviation,3,Awards and Honours,26,Awards and HonoursHuman Rights,1,Banking,1,Banking credit finance,13,Banking-credit-finance,19,Basic of Comprehension,2,Best Editorials,4,Biodiversity,46,Biotechnology,47,Biotechology,1,Centre State relations,19,CentreState relations,1,China,81,Citizenship and immigration,24,Civils Tapasya - English,92,Climage Change,3,Climate and weather,44,Climate change,60,Climate Chantge,1,Colonialism and imperialism,3,Commission and Authorities,1,Commissions and Authorities,27,Constitution and Law,467,Constitution and laws,1,Constitutional and statutory roles,19,Constitutional issues,128,Constitutonal Issues,1,Cooperative,1,Cooperative Federalism,10,Coronavirus variants,7,Corporates,3,Corporates Infrastructure,1,Corporations,1,Corruption and transparency,16,Costitutional issues,1,Covid,104,Covid Pandemic,1,COVID VIRUS NEW STRAIN DEC 2020,1,Crimes against women,15,Crops,10,Cryptocurrencies,2,Cryptocurrency,7,Crytocurrency,1,Currencies,5,Daily Current Affairs,453,Daily MCQ,32,Daily MCQ Practice,573,Daily MCQ Practice - 01-01-2022,1,Daily MCQ Practice - 17-03-2020,1,DCA-CS,286,December 2020,26,Decision Making,2,Defence and Militar,2,Defence and Military,281,Defence forces,9,Demography and Prosperity,36,Demonetisation,2,Destitution and poverty,7,Discoveries and Inventions,8,Discovery and Inventions,1,Disoveries and Inventions,1,Eastern religions,2,Economic & Social Development,2,Economic Bodies,1,Economic treaties,5,Ecosystems,3,Education,119,Education and employment,5,Educational institutions,3,Elections,37,Elections in India,16,Energy,134,Energy laws,3,English Comprehension,3,Entertainment Games and Sport,1,Entertainment Games and Sports,33,Entertainment Games and Sports – Athletes and sportspersons,1,Entrepreneurship and startups,1,Entrepreneurships and startups,1,Enviroment and Ecology,2,Environment and Ecology,228,Environment destruction,1,Environment Ecology and Climage Change,1,Environment Ecology and Climate Change,458,Environment Ecology Climate Change,5,Environment protection,12,Environmental protection,1,Essay paper,643,Ethics and Values,26,EU,27,Europe,1,Europeans in India and important personalities,6,Evolution,4,Facts and Charts,4,Facts and numbers,1,Features of Indian economy,31,February 2020,25,February 2021,23,Federalism,2,Flora and fauna,6,Foreign affairs,507,Foreign exchange,9,Formal and informal economy,13,Fossil fuels,14,Fundamentals of the Indian Economy,10,Games SportsEntertainment,1,GDP GNP PPP etc,12,GDP-GNP PPP etc,1,GDP-GNP-PPP etc,20,Gender inequality,9,Geography,10,Geography and Geology,2,Global trade,22,Global treaties,2,Global warming,146,Goverment decisions,4,Governance and Institution,2,Governance and Institutions,773,Governance and Schemes,221,Governane and Institutions,1,Government decisions,226,Government Finances,2,Government Politics,1,Government schemes,358,GS I,93,GS II,66,GS III,38,GS IV,23,GST,8,Habitat destruction,5,Headlines,22,Health and medicine,1,Health and medicine,56,Healtha and Medicine,1,Healthcare,1,Healthcare and Medicine,98,Higher education,12,Hindu individual editorials,54,Hinduism,9,History,216,Honours and Awards,1,Human rights,249,IMF-WB-WTO-WHO-UNSC etc,2,Immigration,6,Immigration and citizenship,1,Important Concepts,68,Important Concepts.UPSC Mains GS III,3,Important Dates,1,Important Days,35,Important exam concepts,11,Inda,1,India,29,India Agriculture and related issues,1,India Economy,1,India's Constitution,14,India's independence struggle,19,India's international relations,4,India’s international relations,7,Indian Agriculture and related issues,9,Indian and world media,5,Indian Economy,1248,Indian Economy – Banking credit finance,1,Indian Economy – Corporates,1,Indian Economy.GDP-GNP-PPP etc,1,Indian Geography,1,Indian history,33,Indian judiciary,119,Indian Politcs,1,Indian Politics,637,Indian Politics – Post-independence India,1,Indian Polity,1,Indian Polity and Governance,2,Indian Society,1,Indias,1,Indias international affairs,1,Indias international relations,30,Indices and Statistics,98,Indices and Statstics,1,Industries and services,32,Industry and services,1,Inequalities,2,Inequality,103,Inflation,33,Infra projects and financing,6,Infrastructure,252,Infrastruture,1,Institutions,1,Institutions and bodies,267,Institutions and bodies Panchayati Raj,1,Institutionsandbodies,1,Instiutions and Bodies,1,Intelligence and security,1,International Institutions,10,international relations,2,Internet,11,Inventions and discoveries,10,Irrigation Agriculture Crops,1,Issues on Environmental Ecology,3,IT and Computers,23,Italy,1,January 2020,26,January 2021,25,July 2020,5,July 2021,207,June,1,June 2020,45,June 2021,369,June-2021,1,Juridprudence,2,Jurisprudence,91,Jurisprudence Governance and Institutions,1,Land reforms and productivity,15,Latest Current Affairs,1136,Law and order,45,Legislature,1,Logical Reasoning,9,Major events in World History,16,March 2020,24,March 2021,23,Markets,182,Maths Theory Booklet,14,May 2020,24,May 2021,25,Meetings and Summits,27,Mercantilism,1,Military and defence alliances,5,Military technology,8,Miscellaneous,454,Modern History,15,Modern historym,1,Modern technologies,42,Monetary and financial policies,20,monsoon and climate change,1,Myanmar,1,Nanotechnology,2,Nationalism and protectionism,17,Natural disasters,13,New Laws and amendments,57,News media,3,November 2020,22,Nuclear technology,11,Nuclear techology,1,Nuclear weapons,10,October 2020,24,Oil economies,1,Organisations and treaties,1,Organizations and treaties,2,Pakistan,2,Panchayati Raj,1,Pandemic,137,Parks reserves sanctuaries,1,Parliament and Assemblies,18,People and Persoalities,1,People and Persoanalities,2,People and Personalites,1,People and Personalities,189,Personalities,46,Persons and achievements,1,Pillars of science,1,Planning and management,1,Political bodies,2,Political parties and leaders,26,Political philosophies,23,Political treaties,3,Polity,485,Pollution,62,Post independence India,21,Post-Governance in India,17,post-Independence India,46,Post-independent India,1,Poverty,46,Poverty and hunger,1,Prelims,2054,Prelims CSAT,30,Prelims GS I,7,Prelims Paper I,189,Primary and middle education,10,Private bodies,1,Products and innovations,7,Professional sports,1,Protectionism and Nationalism,26,Racism,1,Rainfall,1,Rainfall and Monsoon,5,RBI,73,Reformers,3,Regional conflicts,1,Regional Conflicts,79,Regional Economy,16,Regional leaders,43,Regional leaders.UPSC Mains GS II,1,Regional Politics,149,Regional Politics – Regional leaders,1,Regionalism and nationalism,1,Regulator bodies,1,Regulatory bodies,63,Religion,44,Religion – Hinduism,1,Renewable energy,4,Reports,102,Reports and Rankings,119,Reservations and affirmative,1,Reservations and affirmative action,42,Revolutionaries,1,Rights and duties,12,Roads and Railways,5,Russia,3,schemes,1,Science and Techmology,1,Science and Technlogy,1,Science and Technology,819,Science and Tehcnology,1,Sciene and Technology,1,Scientists and thinkers,1,Separatism and insurgencies,2,September 2020,26,September 2021,444,SociaI Issues,1,Social Issue,2,Social issues,1308,Social media,3,South Asia,10,Space technology,70,Startups and entrepreneurship,1,Statistics,7,Study material,280,Super powers,7,Super-powers,24,TAP 2020-21 Sessions,3,Taxation,39,Taxation and revenues,23,Technology and environmental issues in India,16,Telecom,3,Terroris,1,Terrorism,103,Terrorist organisations and leaders,1,Terrorist acts,10,Terrorist acts and leaders,1,Terrorist organisations and leaders,14,Terrorist organizations and leaders,1,The Hindu editorials analysis,58,Tournaments,1,Tournaments and competitions,5,Trade barriers,3,Trade blocs,2,Treaties and Alliances,1,Treaties and Protocols,43,Trivia and Miscalleneous,1,Trivia and miscellaneous,43,UK,1,UN,114,Union budget,20,United Nations,6,UPSC Mains GS I,584,UPSC Mains GS II,3969,UPSC Mains GS III,3071,UPSC Mains GS IV,191,US,63,USA,3,Warfare,20,World and Indian Geography,24,World Economy,404,World figures,39,World Geography,23,World History,21,World Poilitics,1,World Politics,612,World Politics.UPSC Mains GS II,1,WTO,1,WTO and regional pacts,4,अंतर्राष्ट्रीय संस्थाएं,10,गणित सिद्धान्त पुस्तिका,13,तार्किक कौशल,10,निर्णय क्षमता,2,नैतिकता और मौलिकता,24,प्रौद्योगिकी पर्यावरण मुद्दे,15,बोधगम्यता के मूल तत्व,2,भारत का प्राचीन एवं मध्यकालीन इतिहास,47,भारत का स्वतंत्रता संघर्ष,19,भारत में कला वास्तुकला एवं साहित्य,11,भारत में शासन,18,भारतीय कृषि एवं संबंधित मुद्दें,10,भारतीय संविधान,14,महत्वपूर्ण हस्तियां,6,यूपीएससी मुख्य परीक्षा,91,यूपीएससी मुख्य परीक्षा जीएस,117,यूरोपीय,6,विश्व इतिहास की मुख्य घटनाएं,16,विश्व एवं भारतीय भूगोल,24,स्टडी मटेरियल,266,स्वतंत्रता-पश्चात् भारत,15,
                                                                                                                                                                  ltr
                                                                                                                                                                  item
                                                                                                                                                                  PT's IAS Academy: CONCEPT – DEATH SENTENCE GUIDELINES BY S.C., 2014
                                                                                                                                                                  CONCEPT – DEATH SENTENCE GUIDELINES BY S.C., 2014
                                                                                                                                                                  Excellent study material for all civil services aspirants - begin learning - Kar ke dikhayenge!
                                                                                                                                                                  https://blogger.googleusercontent.com/img/a/AVvXsEiwyg4spZBMMSPFIVqlULip2FIjDOUxk-KsRj6nDQlBAuw09jsKOzisfIzgjR2DYUoInTQacY7DXMkJ8mcs2SaenjgA7NYoRM6iLgyt6EwNNFOuctPZxJdS3OMtb5NgKCH1WZssOJ31mxEidNJc0UhF_R2p9bEVA6EWaabCEKHDDanNJEsef9SWMcwRpQ=s16000
                                                                                                                                                                  https://blogger.googleusercontent.com/img/a/AVvXsEiwyg4spZBMMSPFIVqlULip2FIjDOUxk-KsRj6nDQlBAuw09jsKOzisfIzgjR2DYUoInTQacY7DXMkJ8mcs2SaenjgA7NYoRM6iLgyt6EwNNFOuctPZxJdS3OMtb5NgKCH1WZssOJ31mxEidNJc0UhF_R2p9bEVA6EWaabCEKHDDanNJEsef9SWMcwRpQ=s72-c
                                                                                                                                                                  PT's IAS Academy
                                                                                                                                                                  https://civils.pteducation.com/2022/03/UPSC-IAS-exam-preparation-CONCEPT-DEATH-SENTENCE-GUIDELINES-BY-S-C-2014.html
                                                                                                                                                                  https://civils.pteducation.com/
                                                                                                                                                                  https://civils.pteducation.com/
                                                                                                                                                                  https://civils.pteducation.com/2022/03/UPSC-IAS-exam-preparation-CONCEPT-DEATH-SENTENCE-GUIDELINES-BY-S-C-2014.html
                                                                                                                                                                  true
                                                                                                                                                                  8166813609053539671
                                                                                                                                                                  UTF-8
                                                                                                                                                                  Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow TO READ FULL BODHI... Please share to unlock Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy