Report 202 – Proposal to amend Section 304-B IPC Dowry ... - Jeywin

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3.5.5 Most anti-death penalty organizations, most notably
Amnesty International, base their stance on human rights
arguments. The anti-death penalty scholars claim that the society
seeks an escapist attitude by taking away the life of an individual.
However, in India, adequate safeguards shield penalizing powers,
in this regard. Even if a High Court awards death sentence to the
accused, on appeal against the Trial Court’s acquittal of the same,
the right of appeal to the Apex court is automatic. Additionally, a
condemned prisoner retains the right to get his sentence
commuted, suspended, remitted, reprieved, respited or pardoned
by the Governor of the State concerned, followed by the President
of India as provided in the Constitution of India.
3.5.6 Perhaps, recent trends of public sentiment against capital
punishment represent a broader realization that correction is more
important to society than punishment.
3.5.7 It may be pertinent to note that this Commission has dealt
in details with diverse facets of capital punishment, in its
35 th Report, September, 1967. The answer to the query
under consideration herein may be found in principle in
that report although the question was not specifically dealt
with reference to dowry death. In para 77 of that Report, it
was observed that at first sight, the capital offences (listed
above in para 69) may not show any common element; but
a close analysis reveals that there is a thread linking all
these offences, namely, the principle that the sanctity of
human life must be protected. It is the will or willful