AGARTALA, Aug 8 (TIWN): Tripura legislative assembly on Friday adopted a private member resolution seeking amendment of the provision of death penalty in 302 of Indian Panel Code (IPC) after a thorough debate on the issue.Despite opposition the house has adopted the resolution unanimously to send it to central government for further discussion in the parliament for amending death penalty to rigorous imprisonment until death.After question hour of the first day of monsoon session, Congress legislator Jiten Sarkar moved the resolution stating that death penalty in the civilized society is unacceptable, which is also violation of Right to Life guaranteed in Article 21 of Indian Constitution.“In past records, it appears even if some courts awarded death sentence to the convicted for any heinous crime and rarest of the rare cases but ultimately it is not implemented. As many as 3300 accused across India were given death penalty between 2005 and 2011 but none of them were executed,” MLA pointed out.He also said that many judges of the country have also viewed against death sentence saying that to comply with the provisions of law, order has been given hang till death. However, they were not favoured the provision in the changing face of crime and upgradation of humanity.

“If the punishment is not realized by the society, the death penalty will execute the criminal not the crime. Instead, if law isolates the criminal from normal life till the death, it could be a living example for others,” Jiten Sarkar argued.

Sarkar was supported by Law Minister Tapan Chakraborty, Government Chief Whip Samir Debsarkar, leader of the opposition Sudip Roy Barman and Chief Minister Manik Sarkar. They all viewed that through continuing death penalty society will not be able to eradicate crime.

“Only 58 countries of the world are having provision of death penalty and more than 149 has already abolished it. Moreover, killing against killing that to under the cover of law is not being accepted by legal luminaries. Let us send our debate and proposal to the centre,” Chief Minister Manik Sarkar said.

Meanwhile, veteran legislator of Congress Ratan Lal Nath opposed the resolution and abstained from voting on the issue arguing whoever has been punished for death sentence, he was directly snatched away the life and liberty of others, which is guaranteed under Article 21 of the constitution.

“There is no point of showing mercy to the criminals by using public money. If death penalty is abolished, certainly the number of inmates in the jail will increase substantially. And the state has to spend a huge amount of money to keep them alive and security the rights of the law breakers,” Nath opined.

Opposing Nath’s argument, Law Minister Chakraborty said in many of the cases it is reported that prejudice mindset and other factors influenced the judgment of death sentence in the court.

“I could not understand the definition of ‘heinous crime’ and ‘rarest of the rare crime’ for death penalty. This depends on the individual perception and logic. Moreover, there are several instances that high paid lawyers saved many accused but who doesn’t employ good lawyer they suffered in the judiciary. I wish law should function with parity and death sentence must turn into life until death,” Chakraborty added.