Keep death penalty only for terror offences: Law panel

NEW DELHI: Amid a raging debate over the desirability of death penalty, the law commission on Monday recommended its abolition for all but terrorrelated crimes and for waging war on the state in line with the “evolving standards of human dignity and decency.”

Capital punishment has failed as a deterrent to violent crimes, the commission said, adding that it was retributive justice which was “indefensible.” It recommended death penalty be abolished in a phased manner.

“The notion of “an eye for an eye, tooth for a tooth” has no place in our constitutionally mediated criminal justice system,” said a nine-member panel of the Law Commission in its 262nd report. It added that it was time for India join the 140 countries which have abolished death penalty in line with an “evolving” notion of human dignity.

While it noted that “international trends” confirm that “retaining death penalty is not… effectively responding to insurgency or terror or violent crimes,” the commission recommended capital punishment be retained in India for insurgency and terror related crimes because of “concerns expressed by the lawmakers” about national security.

Though gover nment has received the report, it is not duty bound to follow th e Commission’s recommendations.

The report comes at a time when the execution of 1993 Mumbai blasts convict Yakub Memon has set the death penalty debate on fire.