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Section 376-E of IPC must be Amended as it is Unconstitutional

By Sanjeev Sirohi

Published In

CRLJ 2014

At the outset, let me express my outright indignation over the newly inserted Section 376E of the IPC which I very strongly feel is unconstitutional and deserves to be amended at the earliest. Mandatory death penalty or even life imprisonment under no circumstances can be held constitutional as it directly is in contravention of Art. 21 of the Constitution which envisages protection of right to life and personal liberty and, therefore, its insertion on any ground under no circumstances can ever be justified. At a time when more than 130 countries in the world have already abolished death penalty and many more are in the waiting queue, it is incomprehensible as to how can a democratic country like India behave like a despot and join the club of few notorious nations like China, Saudi Arabia, Nigeria and others who have no respect for human rights? I favour zero tolerance for heinous crimes like rape but certainly just imposing death penalty is no solution and in future will e ....

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