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Q.2 Highlighting the Supreme Court’s view on death penalty in India, analyse whether it should stay or go. (15 Marks)

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6 responses to “Q.2 Highlighting the Supreme Court’s view on death penalty in India, analyse whether it should stay or go. (15 Marks)”

  1. Vishwendra Chaudhary Avatar
    Vishwendra Chaudhary

    KAGzgZs81fpuUo

    1. Staff @CD Avatar
      Staff @CD

      Vishwendra

      Decent attempt.
      All aspects of the question has found a place in your answer; that’s good.
      Introduction is fine. Instead of talking about right to life here (you have mentioned it again in against arguments), you can give some data regarding death penalty in India.
      Supreme Court view is well brought out through judgements.
      In arguments for, points are fine..however, the first point can be explained a bit as this is a 15 marker and there is a scope for explanation. Incentive to help police (plea-bargaining) can also be mentioned.
      In arguments against, sidelining of restorative and rehabilitative aspects of justice can be mentioned too. Other points are fine.
      Way forward is good.
      In conclusion you can mention the immediate way forward, that is following the SC’s dictum of rarest of rare till the Law Commission’s view of abolishing death penalty becomes mainstream.
      Keep practicing. 🙂

  2. Alankrit Srivastava Avatar
    Alankrit Srivastava

    Payment ID : #0000612929
    Staff @CD

    1. Alankrit Srivastava Avatar
      Alankrit Srivastava

      Sorry, attached wrong answer

  3. Alankrit Srivastava Avatar
    Alankrit Srivastava

    This is the correct one
    Payment ID : #0000612929
    Staff @CD

    1. Staff @CD Avatar
      Staff @CD

      Alankrit

      Decent attempt.
      Introduction is fine. Further, you can give some data regarding death penalty in India.
      Supreme Court view is well brought out through judgements.
      In arguments for, points are good. Incentive to help police (plea-bargaining) can also be mentioned.
      In arguments against, first two points are fine. However, awarding death penalty too doesn’t give a right to torture etc. You can talk about sidelining of restorative and rehabilitative aspects of justice; violative of right to life and discriminatory towards marginalized and vulnerable sections.
      In way forward, you have gone very basic, those can be long-term aspects; immediate aspects such as psycho-social-economic analysis of the accused on case by case basis, speedier justice and strengthening the doctrine of rarest of rare can be mentioned.
      In conclusion, it would be better if you can take a balanced view or alternatively you can bat for abolishing death penalty but rather than sounding preachy it would be better if you can substantiate it using reports such as Law Commission 262nd report.
      Keep practicing. 🙂

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