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India opposes UN Resolution for Moratorium on Death Penalty, says it goes against Indian Law

In the last 12 years only three executions - all of them of terrorists - have been carried out in the nation of 1.2 billion

Death penalty (representational Image), Source: Benar News

November 19, 2016: India has opposed a UN resolution calling for a moratorium on the death penalty, saying it goes against Indian law and the sovereign right of countries to determine their own laws and penalties.

“The resolution before us sought to promote a moratorium on executions with a view to abolishing the death penalty,” Mayank Joshi, a counsellor at India’s UN Mission said on Thursday. “My delegation, therefore, has voted against the resolution as a whole as it goes against Indian statutory law.”

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The resolution, however, was adopted by the General Assembly’s committee dealing with humanitarian affairs by 115 votes to 38 with 31 abstentions after an acrimonious debate and the adoption of an amendment to recognise the sovereign rights of nations to determine their own laws, which virtually nullified it.

India supported the amendment and Joshi told the committee: “Every State has the sovereign right to determine its own legal system and appropriate legal penalties.”

The amendment passed by a vote of 76 to 72 with 26 abstentions. However, it did not mollify India, which voted against the amended resolution.

Explaining New Delhi’s position on capital punishment, Joshi said, “In India, the death penalty is exercised in the ‘rarest of rare’ cases, where the crime committed is so heinous as to shock the conscience of society.”

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In the last 12 years only three executions – all of them of terrorists – have been carried out in the nation of 1.2 billion.

Last year Yakub Memon, who financed the 1993 Mumbai bombings, was executed. Muhammad Afzal, convicted of plotting the 2001 attack on India’s Parliament, was hanged in 2013 and Mohammad Ajmal Amir Qasab, one of the terrorists involved in the 2008 Mumbai attack was executed in 2012.

An independent judiciary hears the cases where death penalty can be imposed and appeals are permitted at several levels, Joshi said. Moreover, the Supreme Court has decreed that “poverty, socio-economic, psychic compulsions, undeserved adversities in life” should be considered as mitigating factors in imposing the death penalty, he added.

The amendment about the sovereign right of nations to have their own legal systems was introduced by Singapore. Its delegate said that the original resolution was one-sided and tried to impose the values of one group of countries upon others.

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New Zealand, echoing the sentiments of several other countries, said that sovereignty did not absolve nations from complying with international norms of human rights and the death penalty violated it.

The United States also opposed the resolution saying that capital punishment was legal under international law and dealing with it was a domestic matter. (IANS)

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Bengali Film ‘Dhananjoy’ Sparks a Fresh Debate on the Social Dilemma of Capital Punishment

Arindam Sil's 'Dhananjoy' revolves around the capital punishment of Dhananjoy Chatterjee, a security guard

Death Penalty
Arindam Sil's Bengali film 'Dhananjoy. Facebook
  • ‘Dhananjoy’ is a Bengali film directed by Arindam Sil
  • The film premiered theatres on August 11, 2017
  • Talking about capital punishments and death penalty, the movie has sparked a new debate on the social issue

August 19, 2017: Arindam Sil’s new direction, titled ‘Dhananjoy’ hit the screens on 11th August. The Bengali film since its release has sparked a fresh debate on the social dilemma of capital punishment.

Capital punishment by no means is a simple debate topic. The United Nations Organization has passed various resolutions urging governments of various nations to abolish the legality of the death penalty, however, these resolutions have been non-binding.

Also Read: Why the society needs capital punishment

There are 56 nations that hold death penalty legal. In fact, 60% of the global population resides in countries where the death penalty is held valid. Some of these nations are India, US, China, Indonesia among more.

Arindam Sil’s ‘Dhananjoy’ revolves around the capital punishment of Dhananjoy Chatterjee, a security guard. The film comes at the time of the 13th anniversary of his hanging.

Dhananjoy Chatterjee was executed by the state on 14th August 2004 for the rape and murder of a young girl, Hetal Parekh, in a residential complex. Aged 39, Dhananjoy was mercilessly punished leaving behind old parents, a wife and a brother.

The Bengali film has run along the lines of the 2016 published book, ‘Adalat-Media-Samaj Ebong Dhananjoyer Fansi’. The book portrays that Dhananjoy may have been wrongly committed the crimes he did not do. It was Hetal’s mother who was the culprit and got away. Dhananjoy was a scapegoat.

Sil shows in the movie that it was unfair for Dhananjoy if the judiciary or police in any way would have caused an unintentional error. Dhanonjoy spent 14 years in the prison, during which he kept claiming that he was innocent. He also kept saying that he was tired of being poor. Dhananjoy had little money, and his poverty was the reason behind him being put as the scapegoat. His lawyers with the little fees had lost interest in the case.

This theory by Sil clearly raised debates regarding the fairness of capital punishment and death penalty. The film Dhananjoy is sure to raise dinner table debates with family after watching the movie.

William Douglas, American Supreme Court Judge, once said: “Capital Punishment was for those without the capital.”

The United Nations conducted a survey in the year 1988. From the responses, they concluded that the fact “death penalty is more of a deterrent than life imprisonment” is absolutely baseless. Furthermore, the statistics extracted from countries who abolished the practice supports the conclusion of the survey.

If capital punishment is not abolished, the risk that an innocent could be hanged and killed lurks in the environment. Judiciary systems are not perfect systems.

In India, the judiciary is in worse conditions. With the lack of personnel, pending cases and archaic laws coupled with caste and communal hierarchic setup, capital punishment should be much researched in the country.

– Prepared by Saksham Narula of NewsGram. Twitter: @Saksham2394

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