Explanation of Vote by India  before the vote on consideration of the resolution “Question of the death penalty” at the 48th Session of Human Rights Council (13 September 2021 - 08 October 2021) delivered by Ms. Seema Pujani, Second Secretary, Permanent Mission of India [Geneva, 08 October 2021]

Madam President,

We thank the core group for its efforts and hard work.

MadamPresident,

Every State has the sovereign right to determine its own legal system and appropriate legal penalties, whether to retain the death penalty, impose a moratorium or abolish it.

In India, the death penalty is exercised in the ‘rarest of rare’ cases, where the crime committed is so heinous as to shock the conscience of society. Furthermore, Indian law provides for requisite procedural safeguards, including the right to a fair hearing by an independent Court, the presumption of innocence, the minimum guarantees for defence, and the right to review by a higher Court. Indian laws have specific provisions for suspension of the death penalty in the case of pregnant women and Court rulings prohibit executions of persons with mental or intellectual disabilities, while juvenile offenders cannot be sentenced to death. Death sentences in India must also be confirmed by a superior court and an accused has the right to appeal to a High Court or the Supreme Court. The Supreme Court of India has adopted guidelines on clemency and treatment of death row prisoners and has laid down that “poverty, socio-economic, psychic compulsions, undeserved adversities in life” constitute mitigating factors to be considered by courts in commuting a death sentence to life imprisonment.

The President of India in all cases, and the Governors of States, under their respective jurisdictions, have the power to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.

Madam President,

The resolution at hand does not reflect a balanced perspective as it fails to indicate that there is no international consensus on the use of capital punishment and that its imposition is not in contravention of international law.

Therefore, my delegation cannot support the resolution.

I thank you.