Friday, November 16, 2018

India votes against UNGA draft resolution on use of death penalty



Overview: 
India has voted against a United Nations General Assembly draft resolution on the use of death penalty, saying it goes against the statutory law of the country where an execution is carried out in the “rarest of rare” cases. 
UN Against Death Penalty:
  • The draft resolution, taken up in the Third Committee (Social, Humanitarian, Cultural) of the General Assembly was approved with a recorded vote of 123 in favour, 36 against and 30 abstentions.
  • The draft aimed to ensure that it is not applied on the basis of discriminatory laws or as a result of discriminatory or arbitrary application of the law.
  • The resolution sought to promote a moratorium on executions with the aim of abolishing death penalty.
  • India was among the countries that voted against the resolution, which would have the Assembly call on all States to respect international standards on the rights of those facing death penalty.
India’s views:
India has voted against the resolution as a whole, as it goes against statutory law in India. The death penalty is exercised in ‘rarest of rare’ cases, where the crime committed is so heinous that it shocks the conscience of the society.
Indian law provides for all requisite procedural safeguards, including the right to a fair trial by an independent Court, presumption of innocence, the minimum guarantees for defence, and the right to review by a higher court.
Sources: the hindu.

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