INDIA: MANDATORY DEATH PENALTY PROVISION MAY BE DROPPED FROM NDPS ACT

May 8, 2012: In India, the government may drop the mandatory death penalty provision for repeat drug offenders through an amendment of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Finance minister Pranab Mukherjee said in response to a parliamentary question that he was considering bringing an amendment based on the recommendations made by the parliamentary standing committee on finance.
"In view of the observations of the standing committee made in its report on the NDPS (Amendment) Bill, 2011, it is proposed to amend Section 31A of the NDPS Act and replace the words 'shall be punishable with death' with the words 'may be punishable with death'," Mukherjee said.
The NDPS Act, 1985 has provision for a graded system of punishment, with the quantum of punishment varying with the quantity of drug or substance involved in a case, he said. The provision for capital punishment is in case of repeat offence only.
This provision was earlier questioned by the Bombay high court which had in June last year held that the section relating to mandatory death penalty was violative of Article 21 of the Constitution (right to life). The observation was made in a case where the accused was convicted twice for the offence.
The court had observed that second conviction in NDPS case need not be death penalty and it was the sole discretion of the judge of the special court to decide about capital punishment. (Sources: timesofindia.com, 09/05/2012)