India votes against UNGA draft resolution on use of death penalty


What is Important?
From UPSC Perspectives
Prelims:Not Much
Mains:Highlights

Why in News?

India has voted against a United Nations General Assembly draft resolution on the use of death penalty.

Highlights:

*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 resolution sought to promote a moratorium on executions with the aim of abolishing death penalty.
*The Committee then approved this amendment by a recorded vote of 96 in favour to 73 against, with 14 abstentions. India voted in favour of this amendment.
*The Assembly would reaffirm the sovereign right of all countries to develop their own legal systems, including determining appropriate legal penalties, in accordance with their international law obligations.

India’s Views

*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 and ensure that it is not applied on the basis of discriminatory laws or as a result of discriminatory or arbitrary application of the 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.
*Indian laws have specific provisions for commutation of death penalty in the case of pregnant women and has rulings that prohibited executions of persons with mental or intellectual disabilities, while juvenile offenders cannot be sentenced to death under any circumstances.
*Death sentences in India must also be confirmed by a superior court and an accused has the right to appeal to a High Court or the Supreme Court.

India votes against UNGA draft resolution on use of death penalty India votes against UNGA draft resolution on use of death penalty Reviewed by The Hindu Current Affairs on November 15, 2018 Rating: 5

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