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| The Supreme Court in New Delhi |
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INDIA: CAPITAL PUNISHMENT LAW UNCONSTITUTIONAL - SC
May 13, 2009: the Indian Supreme Court termed the capital punishment law "uncertain" and "falling foul of constitutional due process and equality principle".
A division bench of SB Sinha and Cyraic Joseph suggested "credible research, perhaps by the Law Commission of India or the National Human Rights Commission, be undertaken.
The bench stated the method of weighing the aggravating and mitigating circumstances hasn't worked well "to remove the vice of arbitrariness" of our system.
The court observed that courts should provide clear evidence on why a convict is not fit for anyreformatory or rehabilitation scheme before awarding capital punishment. (Sources: E-pao.net, 07/06/2009)
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