“DEATH penalty has always been a subject of controversy from a long time and the subject of crime and punishment has also been a subject of debate among the jurists and the social scientists, however Indian constitution has upheld the validity of the death sentence and hence it would continue to be a part of the system of justice’ said justice V M Kanade.

He was speaking at the inaugural function of a seminar on ‘death penalty, international norms and constitution of India’, organized by the Institute of Human Rights and Academy of Human rights at the Postgraduate Department of law, Nagpur University.

He traced the history of death penalty in world to modern era. In India he pointed out that death penalty is always practiced as an exception and not as a rule.

He informed that as per the amendments made in section 354 (sub-section 5), the judge has to assign special reason for giving death penalty in his judgment.

He clarified that some procedures are followed while deciding on death penalty keeping in view the sections like 302, 350 of IPC. The code of criminal procedures 354(3) lays down modes of punishment in case of death penalty. Commissioner of Police, Jayant Umranikar, who was the guest of honour in his talk also traced the change in attitude of law also in allotting death sentences.

He said that in older days death punishment was given to someone to deter others from doing any such act which could lead to it. However in modern era he pointed out how the west had evolved into democracy and how reforming the punished was given importance rather than sentencing him to death.

The international norms however vary and have evolved in various directions and now it is the right of every nation to include death penalty or not in its legal system.

Umranikar said that since India has retained death sentence. Here the judges probably decide on the gravity of the crime and keeping into view the fact that whether the person who is being punished deserves the right to live or not.

As a law enforcer he said that the police always acts taking into consideration the benefits of the society at large as against benefits of an individual.

Dr J Aprajit, dean, faculty of law in his address said that the value of human life had lost its importance in the present era of hatred and violence.

He suggested that the seminar should also dwell into this aspect. Dr Arun Satputaley in his presidential address said that keeping in view increased incidences of riots, communal and religious disharmony, stress should be laid on secularism and harmony. Earlier, Thrity Patel gave a welcome address.

Justice Kanade released a journal published jointly by the department and the Asian School of Cyber Laws , Pune, titled The information technology law journal’. Rasika Paranjpaye conducted the proceedings and Hema, Menon conducted the proceedings.