When a private member bill came up for consideration in Rajya Sabha seeking abolition of death penalty, ninety per cent of the states have supported retaining death penalty in the country.
Responding to the debate, Minister of State for Home G Kishan Reddy said the government is examining the issue and is yet to take a final call.
The Law Commission in 2015 recommended obliteration of death penalties except in cases of terrorism and waging war against India. Following which in October, the Centre sought the opinion of states.
After several reminders, 14 states and 5 Union Territories responded.
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"90 per cent want to retain death penalty except one state. No society wants to kill a person, but on the other side here are some heinous crimes like Nirbhaya also within the same society," Minister of State for Home G Kishan Reddy told Rajya Sabha.
"The government is seized of the matter and is examining this issue. It may take a view on the report after reaching a broad consensus on this matter," Reddy said.
In case someone is wrongly convicted, the minister said the country¡¯s constitution has provided several tiers of steps to safeguard those not guilty.
"If a trial court awards capital punishment, then it could be appealed before the High Court and then to the governor of state. If governor also rejects, then he can appeal before the Supreme Court and finally before the President of India," Reddy said.
Last time the capital punishment was awarded in India was in 2013. The National Crime Records Bureau said that capital punishment was given to only one person each in 2012 and 2013 respectively, while it was zero in 2014 and one in 2015.
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However, India has been going big on bringing capital punishment for rape offenders.?
Just a few days ago, Rajya Sabha passed The Protection of Children from Sexual Offences (Amendment) Bill, 2019, which had provisions of death penalty for aggravated sexual assault on children.
After the Nirbhaya gangrape case in 2012, demand for capital punishment grew in the country.