About the job

We are looking for a legal secretary who can assist in office management and general administrative activities. The tasks will include working with attorneys, paralegals and other members of the firm with a series of administrative functions. Therefore, the candidate will have to have effective time management and organizational skills coupled with the ability to be detail-oriented. 

Responsibilities / Requirements

  • Must be able to handle billing software and case management
  • Able to keep track of file records and data management
  • Should have sufficient experience in transcribing dictations, maintaining calendars and proficient in typing/ shorthand.
  • Other duties as assigned

Qualifications

  • Minimum 3-4 years experience, preferably in a law firm
  • Must be a Graduate
  • Strong organizational and fluent communication skills
  • Self-starter Microsoft Office suite (Outlook, Excel, Word, PowerPoint, etc.)

How to Apply ?

https://www.linkedin.com/jobs/view/2675769766

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EY | Building a better working world 

EY exists to build a better working world, helping to create long-term value for clients, people, and society and build trust in the capital markets.  
 
Enabled by data and technology, diverse EY teams in over 150 countries provide trust through assurance and help clients grow, transform, and operate.  
 
Working across assurance, consulting, law, strategy, tax, and transactions, EY teams ask better questions to find new answers for the complex issues facing our world today.

Job description

At EY, you will have the chance to build a career as unique as you are, with the global scale, support, inclusive culture and technology to become the best version of you. And we are counting on your unique voice and perspective to help EY become even better too. Join us and build an exceptional experience for yourself, and a better working world for all.

Job Purpose

Regulatory Research & Monitoring attorneys, at an associate level, must have a general understanding of basic legal concepts. They should have the ability to understand and analyze the issue of law. These attorneys should be well versed in research, should know where to find the most up-to-date regulatory and statutory developments using Westlaw/similar legal databases and/or through internet searches, and to analyze case law.  They should have the ability the present their findings succinctly on Excel or Word or any other format, as required. These lawyers must have exceptional writing and analytical skills. Moreover, they should show a constant zeal and desire to learn. They should escalate important questions to their senior team members. They should have professional language proficiency in English.

Job Description

The primary responsibilities include:

  • Applies themselves to understanding the underlying issues of a project.
  • Follows step by step process of researching the issues and presenting the findings in the desired format.
  • Understands legal writing and uses appropriate and pre-discussed formatting while presenting their findings.
  • Interprets statutes and regulations correctly.
  • Applies themselves to understanding case law.
  • Thorough and meticulous with great attention to details.
  • Achieve on time delivery (OTD) on client deliverables
  • Attends mandatory training and certification courses.
  • Co-operates with team members and acts as a team player.
  • Escalates project specific issues timely.
  • Organized and efficient – handles particular responsibility assigned to them quickly and accurately.
  • Reports back to their seniors on the status of assignments.
  • Effective on the floor in terms of sharing learning/insights with peers/seniors.
  • Consistent presence and active participation at team, department, and company meetings and participates in voluntary professional development programs.

Scope

  • Entry level contributor responsible for working within the project scope and budget.
  • Accomplishes work with low to moderate supervision.
  • Impact is normally within the immediate project team.
  • Typically works on one or two projects at a time and as a member of the project team(s).
  • Should bond well with the team and ensure a healthy work environment.
  • May have to interact directly with clients on small research requests and hence, must be proactive in tracking the hours and budget.

Responsibilities, Qualifications, Certifications – External

Skills:

  • Ability to identify statutes and regulations applicable to the given legal issue
  • Ability to interpret and summarize statutes and regulations
  • Excellent analytical and logical skills
  • Good writing skills
  • Attention to details
  • Must have a working knowledge of legal databases
  • Basic knowledge of MS Excel and Word
  • Effectively communicating results/findings of work in all mediums (verbal and written)

Behavioural Competencies:

  • Ability to understand instructions regarding legal research and follow the established methodology
  • Adaptive to team and fosters collaborative approach
  • Innovative approach to the project, when required
  • Shows passion and desire to learn
  • Diligence and ability to multi-task
  • Must have an eye for details

Qualification

  • Must have: Law degree
  • Language capabilities – Professional proficiency in English

Location

  • Noida/Mumbai/Bangalore

Remuneration

  • Commensurate with industry standards

Apply here-

https://careers.ey.com/ey/job/Mumbai-Tax-Law-Services-Advanced-Analyst-MH-400072/701031201/?feedId=337401&utm_source=LinkedInJobPostings&utm_campaign=j2w_linkedin

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About BT

BT has a key role in British society, fostering change and leading technology innovation. From delivering the Olympics, to supporting the emergency services, to investing more into research than any other UK technology company, we take pride in everything we do – and in the people who work here.

We’re now a global company operating at the forefront of the information age, employing 90,000 people in 180 countries. And we’re on a mission. Guided by our core values of Personal, Simple and Brilliant our goal is to help customers, communities and businesses overcome barriers and release their potential.

So, if you’re interested in the power of potential, why not join us today and release yours? You can read more here about what it’s like to work at BT

About this role

To provide legal leadership and first-class commercial, legal, regulatory, compliance and contractual advice and solutions for all BT business in India.  Support on other India legal matters may be required from time to time.

You’ll have the following responsibilities

authorise commercial bids and deals and provide legal sign-off based on assurance of compliance with laws and bt trading policies

participating in key management committees and advising the India businesses on all key legal, regulatory and compliance matters;

Create a compliance framework for labour and employment laws and changes in the law

handle litigation and provide litigation advice in all jurisdictions in india

Engage with stakeholders in driving implementation of employment and labour law compliance frameworks

Advice HR on process and mitigation in dealing with grievances, enquiries, investigations, and sanctions

Connected leaders behaviour – 

  • Team coach
  • Collaborative partner
  • Solution-focused achiever

Key Decisions

authorise commercial bids and deals and provide legal sign-off based on assurance of compliance with laws and bt trading policies

participating in key management committees and advising the India businesses on all key legal, regulatory and compliance matters;

Create a compliance framework for labour and employment laws and changes in the law

Engage with stakeholders in driving implementation of employment and labour law compliance frameworks

Advice HR on process and mitigation in dealing with grievances, enquiries, investigations, and sanctions

You’ll have the following skills & experience

Extensive knowledge of commercial contracting law and practice, industry practices and standards, working with cross-border transactions

Negotiation experience with complex transactions involving multi jurisdictional service delivery (including high value deals)

Working with multiple stakeholders and teams across jurisdictions

Extensive knowledge of employment and labour laws. advising hr and business on interpretation and implementation of labour laws

Experience you would be expected to have

MANDATORY:

advising HR in labour compliances and in drafting HR policies with particular focus on proximate risks to the business (Mandatory)

Strategise and manage litigation and approach to disputes in collaboration with internal stakeholders and external counsels (Mandatory)

manage/develop training programs for stakeholders on various compliance obligations and frameworks  (Preferred)

engaging with third parties including government and law enforcement authorities to ensure effective management and mitigation of operational risks in India (Mandatory)

negotiating and delivering commercially effective contracts with BT’s customers, partners, distributors, and key suppliers (Mandatory)

having a good understanding of third party relationships in India to enable  identifying and eliminating of any ACB/FCPA risks in collaboration with regional/UK teams (Mandatory)

In addition to having thorough knowledge and understanding of the specific legislations which apply to BT’s business in India, the job holder will have a thorough understanding of the key principles and key commercial legal/contractual issues relevant to transactions (including ACB/FCPA considerations) in India and manage and oversee tax, competition, regulation, employment, intellectual property law etc. issues, including in the context of multi-jurisdiction projects. The job holder will be expected to be able to manage complex projects and resources (Mandatory)

Working with internal and external resources to ensure that BT’s businesses meet all of their compliance obligations in India, including BT’s trading policy, corporate governance, contractual, legislative and otherwise (Mandatory)

To own and develop relationships with key internal clients and act as a trusted advisor to business leaders. The job holder will be required to have a deep understanding of India’s strategy and objectives and will provide high quality customer focussed service to the team. The job holder will be expected to operate at senior levels of the business and be comfortable dealing with internal and external senior executives on a range of issues (Preferred)

To ensure that telecoms regulatory requirements in India are clearly understood by the India businesses (Preferred)

To anticipate local government/regulator actions, devise effective strategies and ability to effectively engage with local authorities (Mandatory)

To identify and articulate practical legal solutions to wide range of issues, including those relating to state and central laws in India; conflict in local laws and regulations; conflicts in procedure with substantive compliances; and those arising from local legal/customer requirements and global contractual commitments (Mandatory)

To engage with employees at all levels of the organisation in a manner that encourages transparent and free flow of information with the legal and compliance teams (Preferred)

To develop, supervise, coach, and mentor junior members of BT Legal (Mandatory)

Managing external lawyers supplying services in India (Preferred)

Ensuring identification, mitigation and management of commercial, contractual and legal risk for bids, contract negotiations, contracts, product and proposition management (Mandatory)

Providing support to BT’s global business by providing local advice in respect of global deals, strategy and product and proposition roll-outs, including dealing with any in-life issues including those relating to India laws  (Mandatory)

Supporting the creation and maintenance of region specific LGC knowledge management material and providing training to the business on BT policies and legal issues (Preferred)

Anticipating legal developments relevant to the business, and providing advice on their impact  (Mandatory)

Supporting on-going initiatives (regional and global) to implement operational efficiencies and cost savings (Preferred)

Note: COVID-19 Notice: We’ve changed our recruitment process so that we can continue to offer exciting opportunities in BT. We’ve moved to ‘virtual hiring’ until further notice – which includes video interviews and virtual onboarding, to make sure that we maintain candidate and employee safety. 

So, if you’re interested in the power of potential, why not join us today and release yours? You can read more here about what it’s like to work at BT

How to Apply

It’s easy to apply online; you just need a copy of your up-to-date CV and to follow the step-by step process. Don’t worry if you need to make changes – you’ll have the opportunity to review and edit your work on the final page. We look forward to receiving your application!

For more details visit-

https://bt.taleo.net/careersection/external/jobdetail.ftl?job=154774&src=JB-12000&src=JB-12000

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Date: 14-Jul-2021

Location: IN

Company: Tetra Pak

At Tetra Pak we commit to making food safe and available, everywhere; and we protect what’s good – protecting food, protecting people and protecting the planet. By doing so we touch millions of people’s lives every day. And we need people like you to make it happen.

Export Control Legal Advisor

The importance and footprint of IT is growing in general and is also an increasing part of our customer offering and with this development Export Control is increasingly critical 

The Export Control Advisor will work with Project Managers, Service Managers and business stakeholders to ensure Tetra Pak is compliant with relevant legislation. A task that requires not only IT expertise, but also good understanding about how the world around us evolve and the impact of politics in Tetra Pak’s every day commercial operations. Do you have what it takes? We have an interesting opportunity for a person hungry to grow in new IT related areas – and we are committed to make you successful.

What You Will Do

Purpose of the role:

  • To together with the operational managers, ensure the business operation is compliant to the Tetra Pak Group Export Control Policy, for area of responsibility.
  • To together with the operational managers, drive the implementation of Export Control capabilities and for continuous improvements within the business operation, and by this mitigate Export Control risks and make Export Control a competitive advantage for its operation and for Tetra Pak.
  • To be the first point of contact for Export Control related matters in the business operations and to ensure that Export Control routines and requirements are followed to comply with Export Control sanctions, laws and regulations.

As Export Control Advisor, you will:

  • Be the first point of contact in the business operation and provide operational support
  • Implement Export Control capabilities and requirements in the operation and drive continuous improvements
  • Identify competence need and deliver trainings in own organisation
  • Continuously monitor and mitigate risks by assessing that Export Control requirements are adhered to in the operations
  • Support completion of Export Control activities in the operation such as Classification, Counterparty Screening check, Sanctioned Country controls (incl. de minimis calculation) and License Application
  • Ensure information and requirements from the central Export Control organisation reach relevant functions in the operations
  • Impact analysis on the business operation due to new and changed Export Control regulations while assessing potential Export Control compliance risks
  • Self-assessment and risk management according to the Governance Risk and Compliance Process
  • Ensure updated management system and availability of needed documentation and evidence for audit traceability
     

Who You Are

We believe you have:

  • Degree in any of the following: Engineering, Finance/Business, Law, Transport & Logistics, Trade Management
  • Very good understanding about IT in general and the processes around it.
  • Knowledge and experience from Export Control work in relevant area such as:
    • UN, EU and US Export Control Sanctions and laws & regulations
    • Export Control classification
    • Sanctioned Country controls incl. de minimis calculations
    • Counterparty Screening
    • License Applications
    • Risk & Quality management
    • Capabilities support and improvement
  • Manifest successfully the key Leadership Behaviors, such as: 
    • Dynamic e.g. hyper-aware of the external market, ability to work across borders in a diversified environment
    • Productive e.g. able to drive and own tasks with integrity while building trust
    • Capable e.g. continuous improvement & change management

We Offer You

  • Variety of exciting challenges with ample opportunities for development and training in a truly global landscape
  • Culture that pioneers spirit of innovation where our engineering genius drives visible result
  • Equal opportunity employment experience that values difference and diversity
  • Market competitive compensation and benefits with flexible working arrangements

Apply Now!

If you are inspired to share our responsibility of protecting food to protecting the planet, please submit your resume in English through our careers page on https://jobs.tetrapak.com/

This job posting expires on 13th August 2021.

For queries about your application contact Hemlata Chotrani

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About AVIMUKTA

The Company operates through two segments: Solar Energy and Wind Energy and its portfolio consist of solar and wind power plants located in Brazil, China, India, Malaysia, South Africa, Thailand, and Uruguay.

Requirement

AVIMUKTA is on the search for Projects and Infrastructure lawyers interested in moving In-house. Our client, a well-established and fast-growing renewable energy company is looking to hire Project lawyers with 2-5 years of experience for their Mumbai office. The ideal candidate would be required to assist on various transactions including drafting, reviewing, and negotiating term sheets, work orders, services contracts, and all documents pertaining to construction activities which include LOI, basic terms of civil works, EPC/Construction Contracts.

About the role

The role would require to carry on due diligence and drafting of term sheets/draft definitive agreements for the second acquisition of various PPP projects in various sectors like roads, urban infra sector, and real estate projects and also to draft, review and negotiate Share Purchase Agreement, Joint Venture Agreement (incorporated and unincorporated) Shareholders Agreements, and Non-Disclosure Agreements.

If you have the required transactional experience including working on complex M&A and investment deals along with a proven ability to manage multiple projects/issues whilst staying focused on deliverables, get in touch with us!

For more details and application procedure visit-

https://recruitcrm.io/apply/3316654?1628159809&source=linkedin

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About Hoot Welfare Society

The Hoot Welfare Society is a non-profit organisation with a chartered vision of supporting and nurturing meaningful communication through interdisciplinary social and cultural projects. We provide opportunities for creativity and community-based innovation and aim for collective impact with each project. Currently, Hoot Welfare Society is working in five domains:

  • Smriti (Social Nourishment)
  • Jeev Sharan Grah (Animal Nourishment)
  • Heal (Medical Nourishment)
  • Swaraj (Student Nourishment)
  • Law Bloom (Legal Nourishment)

About the Opportunity

The Hoot Welfare Society invites applications from students across India/ Abroad to take advantage of this learning opportunity by joining the Editorial Board for its Blog to maintain the editorial direction of the blog and to ensure engaging, thought-provoking, original and contemporary publications.

Designation

  • Student Editor

No. of Positions

  • 2 (Two) 

Eligibility

  • Students in 3 Year LLB Course OR 5 Year integrated law degree courses enrolled in any BCI approved college/institution.

Roles and Responsibilities

  • Reviewing & Editing articles as and when required.

Application Procedure

Interested students can submit their applications by sending an email mentioning the subject– “Application For Student Editor” to ayush@hoot.org.in and a copy marked to internship@hoot.org.in with a mail body, attaching the updated CV (in PDF format) and a recently written article (published or unpublished). Also, the body of the mail should mention the purpose of your internship.

The selected candidates will be conveyed regarding their selection latest by 05th September, 2021.

Application Deadlines

  • Applications must reach latest by 25th August 2021 (11:59 PM).

Perks

  1. After successfully serving as the Student Editor for a specified time, the student shall be awarded a Certificate of Acknowledgement/Appreciation signed by a designated professional within the Editorial Board of the organisation.
  2. The candidate will be provided both non-monetary & monetary perks based on performance from time to time and shall also be given free access to webinars, workshops, and the opportunity to be in the organising team for various national & international events conducted by the organisation.
  3. Apart from these, they will have access to Official domain based email, Grammarly Premium subscription, and other perks which the organisation receives as grants from various other sources.

Contact Details

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About Our Voix Foundation

Our Voix is an youth led organisation working on the prevention of child sexual abuse. We build resources on children safety such as comic books and animated movies. Our animated movies on prevention of child sexual abuse which have been adopted by the National Commission for Protection of Child Rights. We also conduct teacher training and parent sensitisation workshops to help teachers and parents start the conversation on body safety, handle disclosure, reporting mechanisms etc. The work of Our Voix has been featured in the Times of India, Ndtv, Fever FM 104, The Logical Indian, Yahoo, Brut India, etc. Our Voix has been selected as one of the Top 10 innovators for UNDP’s Innovations Marketplace for Gender Equality initiative, supported by Atal Innovation Mission, NITI Aayog and InfoEdge CfE Ashoka University.

PROFILE OF THE VOLUNTEER

TEACHER

ROLE

TRAINING THE TEACHERS

PREREQUISITE

Attend the Training for 4 Hours
Passion to Work for the cause
Communication and Public Speaking
Time Commitment

WORK

Conducting workshops on prevention of child sexual abuse

MINIMUM HOURS

12 Hours in a Month (3 hours every Saturday)

PERKS

Letter of Recommendation
Certificate of Appreciation
LinkedIn Recommendation
Opportunity to work with stakeholders and gain experience at the Grassroot level
Free Public Speaking Workshops
The individuals will be trained on child protection

For more details and applying visit-

https://docs.google.com/forms/d/e/1FAIpQLSccFwq17mgzTUQn4nAmrV4U9xItLKmIASyoRL25I-S8pHTMzg/viewform

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Introduction

The prime rationale behind providing punishments is to make the wrongdoer pay the penalty for the wrong he did and to provide a message to society and deter them from committing the same. Capital punishment is an integral part of the criminal justice system also follows the same rationale.   But as human rights movements are increasing and the ideology of considering a person as a fellow human being rather than his gender, race, religion, caste, etc. the rationality of capital punishment is being questioned. 

Definition

The word “death penalty” interchangeably used as capital punishment means the state-sanctioned execution of a malefactor sentenced to death after conviction by a court of law for a criminal offense. The sentence that orders someone to be punished in such a manner is known as a death sentence and an act of carrying out such a sentence is called an execution.

Historical Background 

“If a man destroys the eye of another man, they shall destroy his eye”

  • These lines are the core doctrine of  the code of king Hammurabi

Of Babylon which originated at the age of 18th century that led to the evolution of capital punishment. The statute prescribed capital punishment for over twenty different offenses depending on the defendant’s societal status. The crimes which are now treated lightly like theft; perjury, etc. were subjected to capital punishment in the Hammurabi Code. Later, the notion of capital punishment was adopted by different ancient statutes like the draconian code of Athens where the death penalty was considered to be compulsory for all types of crime, the roman law of twelve tables where they imposed capital punishments through various methods like burning alive, boiling in oil, drowning, hanging, being thrown to a wild animal, etc. Soon after its introduction, there was a hike in the number of capital punishments held in the 17th and 18th centuries for crimes ranging from theft, cutting down of trees, marrying a Jew, treason, etc. As the punishments started getting more stringent and heinous the jurists had started considering the death sentence only for serious crimes. This led to early reforms in the statute of the death penalty in Britain. It was not only in the statute but also several religious texts have justified the idea of capital punishment:

  1. “Whosoever sheddeth man’s blood, by man shall his blood be shed” (Genesis 9:6) are the excerpts from bible that justifies capital punishment.
  2. In Islam, capital punishment is entitled for certain crimes like apostasy, adultery, murder, those who conducts war against Islam and spies.

Capital punishment for murder was penalized in India after the independence in 1947 by the imposition of a penal code. But during the British regime, it was during the period of 1931 the fingers started pointing towards the constitutionality of capital punishment when Mr. Gaya Prasad Singh, a member of the British parliament introduced a bill to scrap the death penalty for all the offenses prescribed under the Indian Penal code. But the bill was denied during that time at the parliament by stating the impossibility to enact the bill. And after Independence, the government had retained several criminal statutes including the penal code of, 1860 thus penalizing the death penalty. Later on, during the period of 1950 to 1980 there over 3000-4000 capital punishments occurred in India. But it was the 1980’s landmark case Bachan Singh vs. State of Punjab [1] that became a turning point in the evolution of laws regarding capital punishment.

Bachan Singh Vs. State of Punjab:

In this case, the bench was headed by justice Y.C chandrachud, justice A.gupta, justice N.untawalia, justice P.N.bhagwati, and Justice R. Sarkaria. The issue raised in the case is regarding the constitutionality of section 302 of IPC, 1860 under which capital punishment is provided, and about the necessity to follow the facts identified by the lower courts for awarding capital punishment under section 354(3) of CRPC. The judgment of the case states that: 

The court has dismissed the query against the constitutional validity of section 302 of IPC and 354(3) of  CRPC and has also stated that the death penalty can only be imposed in rarest of rare cases, which means that conviction for life imprisonment is the rule and death penalty is an exemption. In India, we all have the right to life under article 21 of the Indian constitution so, that capital punishment is only imposed on serious crimes like aggravated murder, other offenses resulting in death, terrorism-related cases resulting and not resulting in death, kidnapping not resulting in death, drug trafficking not resulting in death, treason, espionage and military offenses not resulting in death. Minors, pregnant women, mentally challenged people are excluded from the death penalty. Hanging and shooting are the two methods that are adopted in India for the execution of the death penalty.

  The first capital punishment was executed in September 1947 at Jabalpur central jail by hanging Rasha alias Raghu raj Singh and recently for Nirbhaya rape case by hanging four out of six culprits: Mukesh Singh, viny Sharma, Pawan Gupta, and Akshay Kumar Singh at Tihar jail. This was the first time where four convicts were hanged together on the same platform. Prior to this, the death sentence conducted in India was the 30th July 2015 hanging of terrorist Yakub Memon, who was convicted in the 1993 Mumbai blasts. Over 720 people were executed in India after Independence.

Current Status Of Capital Punishment Both Globally And In India

Global level:

There are over 58 countries that still follow the death penalty as a punishment. The convention against torture and cruel, inhuman, or degrading treatment or punishment stated that the execution or imposition of capital punishment will not amount to torture or inhuman. The death penalty was permissible under the international criminal law in Tokyo and Nuremberg tribunals which were formed during Second World War and from there onwards international courts exclude capital punishment as a permissible form of punishment.  The death penalty is permissible as a punishment under the international convention on civil and political rights (ICCPR) but at the same time, article 6 under the convention guarantees the right to life and also imposes certain safeguards that are supposed to be followed by signatories before considering the death penalty. The ICCR also consists of a second optional protocol for the abolition of the death penalty. It came to light in 1991 and it has 81 state parties and 3 signatories. Under article 37(a) of the convention on rights of children strictly prohibits the imposition of the death penalty on minors (under the age of 18).

At the national level:

From jag Mohan Singh Vs. the state of Uttar Pradesh [2] then in Rajendra Prasad Vs. the state of Uttar Pradesh [3] till the landmark case of Bachan Singh Vs. In the state of Punjab, the apex court stated that in India death penalty can only be imposed in the rarest of rare cases. In India, we highly value the life of a human being under article 21 of the Indian constitution and it was stated that a person will only be executed for a death sentence if it has a fair and valid reason. The case should require some uncommon nature which makes the life imprisonment inadequate and enables the court to take away a person’s right to live. In India, our constitution also provides the right to seek pardon and get free from the death penalty. The mercy petition can be accepted by the president and governor under article 72 and article 161 in the Indian constitution respectively.  9 presidents have accepted mercy petitions with Rajendra Prasad being the president who accepted more petitions.

The Arguments For The Death Penalty

The major   arguments that favor the idea of the death penalty are:

  1. The major argument arises from the concept of Hammurabi code, where it considers the man who deprived the right of another man no longer deserves the luxury of human rights.
  2. Certain crimes like rapes deserve heinous punishments like death penalty.
  3. Awarding death penalty to the wrongdoers will prevent the society from committing the crimes.
  4. Death penalty is given as a counter act of revenge by the victim’s family, which is a right that they deserve.
  5. It is a strong deterrent for criminals.

The Arguments Against The Death Penalty

  1. The common argument that stands against death penalty is that it takes an individual’s right to life.
  2. Many countries execute mentally challenged people who might not even know that they have committed a crime.
  3. In countries like Sudan and Iran death penalty is often used as a political device to execute their political propaganda.
  4. The people who are disadvantaged to have proper socio-economic background are denied proper legal aid and it tends to emerge as a great disadvantage and will not enable the justice system to follow its ideology of justice to all.
  5. There are high chances of a person proving to be innocent after the execution. In America, more than 184 prisoners sent to death row were later released from the row on grounds of innocence in 1973. The death sentence itself cannot ban fellow people from committing the crime

Alternatives For The Death Penalty

By providing value to the life of an individual and also providing the wrongdoer to understand his mistake and repent for the same, other alternative punishments are also provided.

  1. Life imprisonment: it is an effective replacement for death penalty. In this type of punishment a culprit is put behind the bars without the privilege of parole which means that a person cannot leave the prison until he dies. But there is also life imprisonment which provides the luxury of parole. Life imprisonment without parole does have a similar effect that of a death sentence where a person is denied from leading a free and independent life.
  2. Long term imprisonment: in this type of punishment, a culprit is sentenced for a fixed time period of 40 years. Its followed in several countries like:  Brazil, Colombia, Croatia, El Salvador, Nicaragua, Norway, Portugal and Venezuela 
  3. Release with restrictions: under this punishment the culprit is released with certain restrictions for life long or a particular period of time. any infringement of these restrictions will enable the system to send him back to prison
  4. Preventive detention: this is a type of detention where a person is detained for preventing him from committing a crime.it is mainly provided in case of serious violence or sexual assault where his release can be a threat to society.
  5. Indeterminate term of imprisonment: in this type of imprisonment, a person is sent to jail for a minimum duration but can be prolonged thereafter.

Conclusion

During the time where nirbhaya rape case was a burning topic, BBC had filmed a documentary named India’s daughter where they interviewed the culprits and their family members. In that documentary, Mukesh Singh, one among the six culprits, was asked the question of whether he repents for the crime he did and the answer was a blatant “NO”. He said that no good girl will go out after 9 pm and if rape occurs it’s the girl’s fault than the boy. The main motive behind punishment is to make the wrongdoer pay the penalty and at the same time, it should deter society from committing the same. Not only in the above-mentioned case but in many other crimes the culprit themselves fails to understand their own mistakes. Other than killing someone for taking another’s life capital punishment sadly gets entitled to an act of mere revenge. It fails to implement its major objective of deterring society from committing the crime. There are lots of social, psychological, and legal aspects that are connected with the commission of a crime. Unless we aren’t able to identify and treat and plunder the reasons for the commission of crimes at the `grassroots level, capital punishment won’t be a solution for it.

The article has been written by  Nourien Nizar, a first-year B.COM LLB (HONS) student of Government Law College, Ernakulam, Kerala

The article has been edited by Shubham Yadav, a 4th-year law student at Banasthali Vidyapith.

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