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Q.2 What are the issues with death penalty sentencing in India? What are the steps taken by the Supreme Court to deal with the issue? (10 Marks)

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Mentor’s comment-
  • https://indianexpress.com/article/opinion/columns/supreme-court-death-penalty-criminal-justice-7974153/
  • In the intro, mention the Supreme Court, in Manoj & others v. State of MP, embarked on a significant attempt to reform the administration of the death penalty.
  • In the body, mention the issues such as the crime-centric approach, breaching the framework laid down in the Bachan Singh case, unprincipled sentencing, arbitrariness and worrying levels of subjectivity. In the next part mention the steps taken by the Supreme Court such as the need to meet the procedural threshold, and recognizing the reformation as integral to the criminal justice system.
  • Conclude by mentioning that implementation remains the challenge and the Supreme Court will have to provide a rigorous normative basis for consideration of these factors.

Comments

4 responses to “Q.2 What are the issues with death penalty sentencing in India? What are the steps taken by the Supreme Court to deal with the issue? (10 Marks)”

  1. Uttara Maji Avatar
    Uttara Maji

    order id 0000566744

    1. Staff @CD Avatar
      Staff @CD

      Uttara

      Decent attempt.
      Intro is fine, but you can mention Manoj Sinha judgement here only for context and better impact. Or you can mention that execution takes place only in a fraction of cases in which death penalty is handed.
      Issues mentioned are also good. In 3rd points you can broadly mention ‘applied without proper socio-economic’ background check rather than specifically mentioning minorities etc otherwise you should give some data to substantiate. Mention of judgements are good. Also you can mention that death penalty is handed only on the basis of the crime or aggravating factor. Appropriate weight to both the aggravating factors related to crime and mitigating factors should be given, try to use keywords if possible.
      Further, you can mention some arguments briefly in favour of death penalty(retribution, deterrence, popular pressure etc)
      Way forward is fine too, you can use the term ‘rigorous normative basis’ in the 3rd point.
      Conclusion is fine.
      Keep practicing.

      4.5/10

  2. Aditi Sadhu Avatar
    Aditi Sadhu

    Kindly review my answer

    1. Staff @CD Avatar
      Staff @CD

      Aditi

      Your understanding of the topic is good. Definition given in intro is good, plus you can mention some facts here such as Manoj Sinha judgement or the fact that execution takes place only in a fraction of cases in which death penalty is handed for context and better impact.
      Next two points in factors are fine, however, try to use keywords such as retribution and deterrence.
      Issues mentioned are okay, however, last 3 points are more of a way forward. Mention a proper way forward after issues, conclusion is too long, it can be shortened to one line.
      In issues, you can mention other things too like lack of proper information for judges, loopholes in police investigation, scope of innocent being pronounced guilty, no rehabilitation etc
      Content is fine for you, try to do value addition, usage of data, flowcharts, SC cases etc
      Keep practicing. 🙂

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