The Justice Malimath Committee on Reforms of Criminal...
The Justice Malimath Committee on Reforms of Criminal Justice System made a stand against application of the death penalty for rapists and instead recommended life imprisonment for offenders
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The Justice Malimath Committee on Reforms of Criminal Justice System made a stand against application of the death penalty for rapists and instead recommended life imprisonment for offenders.
"Those who are pleading for death penalty for the offence of rape feel that the punishment now prescribed has failed to have a deterrent effect. The view to the contrary is that the remedy should not be worse than the disease," the Committee said in its report submitted to the federal government.
Having reproduced the divergent views, the report goes on to say that "the death penalty is irreversible. Any erroneous decision would lead to disastrous consequences.
Judges are therefore likely to expect a much higher standard of proof."
This, it feels "may result in further lowering the rate of conviction.
Besides if the rapist knows that the offence carries death penalty, he may be tempted to kill the victim so that she may not be available to give evidence against him," the voluminous report said.
"Those who are pleading for death penalty for the offence of rape feel that the punishment now prescribed has failed to have a deterrent effect. The view to the contrary is that the remedy should not be worse than the disease," the Committee said in its report submitted to the federal government.
Having reproduced the divergent views, the report goes on to say that "the death penalty is irreversible. Any erroneous decision would lead to disastrous consequences.
Judges are therefore likely to expect a much higher standard of proof."
This, it feels "may result in further lowering the rate of conviction.
Besides if the rapist knows that the offence carries death penalty, he may be tempted to kill the victim so that she may not be available to give evidence against him," the voluminous report said.
— SOURCES
- (Sources: The Press Trust of India Limited, 21/09/2003)
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