Permanent Mission of India
Geneva
34th Session of the Human Rights Council
(27 February-24 March 2017)
High-Level Panel on the Question of Death Penalty
(01 March 2017)
Statement by India delivered by Ambassador and Deputy Permanent Representative of India, Dr. Virander Paul
Mr. President
We believe that any simplistic approach to characterize death penalty as a human rights issue in the context of the right to life of the convicted prisoner is deeply flawed and controversial.
2. In India, death penalty is exercised in the ‘rarest of rare’ cases, where the crime committed is so heinous as to shock the conscience of society. Indian law provides for all procedural safeguards, including the right to a fair hearing by an independent Court, the presumption of innocence, the minimum guarantees for the defence, and the right to review by a higher Court. Indian laws have specific provisions for suspension of the death penalty in exceptional cases. Juvenile offenders cannot be sentenced to death under any circumstances.
3. There is no international consensus for or against death penalty which is reflected by the fact that the Second Optional Protocol to the ICCPR has been ratified by only 84 countries. This has also been confirmed repeatedly by the votes on several UNGA resolutions relating to moratorium on the use of death penalty, most recently in the 71st Session of the General Assembly.
4. Accordingly, the question of whether to retain or abolish death penalty and the types of crimes for which the death penalty is applied should remain the inalienable right and exclusive decision of the sovereign State.
Thank you Mr. President.
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