HC seeks Centre's response on plea for abolishing death penalty

New Delhi, June 1 (IANS) The Delhi High Court on Friday issued notice to the Centre and others on a plea that sought abolition of the death penalty to those accused of minors' gang rape.

A bench of Acting Chief Justice Gita Mittal and Justice C. Hari Shankar listed the matter for July 31.

Social Action Forum for Manav Adhikar (SAFMA) had moved the court through advocate Charu Walikhanna, seeking declaration of Sections 5 and 6 of the Criminal Law (Amendment) Ordinance, 2018, (prescribing death sentence for gang rape of children under the age of 12) as void, being in derogation of Articles 14 and 21 of the Constitution.

In the wake of widespread outrage over the gang rape and murder of an 8-year-old girl in Jammu and Kashmir and succumbing to political expediency, the impugned ordinance had been introduced, the plea said.

The petitioner claimed that the ordinance was brought without conducting proper research, adding that no prior consultations were held with the Law Commission, National Human Rights Commission and the National Commission for Protection of Child Rights.

The plea said that capital punishment is neither a solution nor deterrence against heinous crime.

The petitioner also sought the setting up of a committee headed by a NHRC member to come out with steps to tackle rapes, especially of minor girls, by adopting scientific principles and data.