Hindi English Translation || Editorial || Knowing the killer: On SC referring death penalty issues to Constitution Bench

Knowing the killer: On SC referring death penalty issues to Constitution Bench

The Supreme Court of India has done well to seek norms (आदर्श, मानक, सम्मेलन) to present mitigating (कम करना) factors for awarding death

Sentencing after conviction (दोषसिद्धि, निर्णय) is a knotty (विशेषज्ञ, जटिल) problem in cases relating to capital offences (मृत्युदण्ड अपराध, पूंजी अपराध). Trial judges (परीक्षण न्यायाधीश) are called upon (बुलाना, मांग, आवश्यकता) to make a decision on whether only a death sentence will meet the ends of justice (न्याय का अंत), or a life term will be enough. As a salutary (लाभदायक, अच्छा, सहायक) norm, the Supreme Court has laid down that the death penalty can be imposed (थोपना, लागू करना) only in the “rarest of rare (दुर्लभ से दुर्लभ)” cases. Subsequent (बाद का, अनुवर्ती, आगामी) judgments have sought to buttress (पुष्ट करना, मज़बूत बना) this principle by holding (पकड़, निर्णय करना, शासन करना) that the gruesome (horrible, grim, dreadful/terrible) nature of the offence may not be the sole criterion (basis, standard, norm, specification (criteria is the plural form of criterion)) to decide what brings it under the ‘rarest of rare’ category. The offender (criminal, culprit, wrongdoer, lawbreaker, perpetrator), his socio-economic (relating to the interaction of social (position, rank, or importance) and economic (income, pay, and wealth) aspects) background (situation, backdrop, scenario) and his state of mind are also key factors in this regard (in connection with the aspect/consideration/point referred to earlier). In practice, the sentencing part of the trial takes place after the court records a conviction. It is often done on the same day as the verdict, with only some limited arguments being heard on ‘mitigating circumstances’ from the convict’s (prisoner, inmate; criminal, lawbreaker, offender) side and on the ‘aggravating (worsening, deteriorating, intensifying, compounding) circumstances’ from the prosecution (legal action, legal proceeding, legal case). The latest order of a three-judge Bench, referring to a Constitution Bench the issue of granting a meaningful opportunity to convicts on the question of sentence, is a big stride (decisive step, advance, progress, forward movement) in humanising (civilize, improve; personalize) the sentencing process.

Same-day sentencing has been upheld by several judgments, with the Supreme Court often saying where a meaningful opportunity has been given to the convict to present mitigating factors, the mere fact that death was awarded on the same day would not vitiate (destroy, impair, spoil, ruin) the sentence. Some High Courts have given a chance (to provide someone the opportunity to do something; give someone a break) to convicts to present mitigating factors so that the inadequacy (shortfall, deficiency, insufficiency) of the sentencing process in the trial court (निचली अदालत) does not matter. Present thinking, however, is veering (deviate, change (direction), turn) towards the view that courts must elicit (obtain, bring forth/bring out, draw out, generate; induce, evoke, spark off, trigger, kindle (a reaction/answer/fact)) reports from the jail authorities (officials, officialdom, the people in charge, the government, the administration, the establishment, the bureaucracy, the system), probation officers (a court officer who interacts with persons who have been sentenced to supervised probation on a regular basis) and even trained psychologists to assess the mitigating factors in favour of (in support of, to the advantage of, approving of) not imposing the death penalty. In its referral order (A Referral Order is a sentence of the court considered for young people (10 to 17 year olds) who have been convicted of a criminal offence, often appearing before the court for the first time), the Bench has also raised the question as to (with respect to; concerning, regarding, with reference to) the stage at which mitigating factors are to be presented. It has noted that the scales are tilted against the convicts now, as it is only after conviction that they are able to speak about mitigating circumstances. The prosecution, on the other hand, presents its case from the beginning on how heinous (wicked, horrible, terrible, awful, disgraceful, shameful, outrageous, hateful, shocking) the crime was, and how much the accused deserved maximum punishment. The Constitution Bench may come up with (produce, propose, present, put forward) new guidelines under which the trial courts themselves can hold a comprehensive (all-inclusive, broad-based; all-embracing, complete, thorough) investigation into factors related to the upbringing (raising, bringing up, fostering/rearing, care and training (of young children)), education and socio-economic conditions of an offender before deciding the punishment. The legal and moral dilemma (quandary, predicament, difficulty) of sending someone to the gallows (execution by hanging), of course, will subsist (continue, last, persist, endure, carry on) only as long as the death penalty remains on the statute book (a collection of all the laws made by a government).

Courtesy: The Hindu

Important Word List With Meaning

1.norm (noun)

Hindi Meaning - आदर्श, मानक, सम्मेलन
English Meaning - standard, convention, criterion, guidelines, regulation.

2.mitigate (verb)

Hindi Meaning - कम करना
English Meaning - reduce, diminish, lessen.

3.conviction (noun)

Hindi Meaning - दोषसिद्धि, निर्णय
English Meaning - sentence, judgement, verdict.

4.knotty (adjective)

Hindi Meaning - विशेषज्ञ, जटिल
English Meaning - complex, complicated, intricate.

5.capital offence (noun)

Hindi Meaning - मृत्युदण्ड अपराध, पूंजी अपराध
English Meaning - an offense that is punishable by the death penalty.

6.trial judge (noun)

Hindi Meaning - परीक्षण न्यायाधीश
English Meaning - a judge in a trial court.

7.trial court (noun)

Hindi Meaning - निचली अदालत
English Meaning - a court of law where cases are tried at first. (try means to investigate and decide (a case) in a formal trial).

8.call upon (phrasal verb)

Hindi Meaning - बुलाना, मांग, आवश्यकता
English Meaning - demand, require, ask formally.

9.ends of justice (phrase)

Hindi Meaning - न्याय का अंत
English Meaning - it refers to justice to all parties.

10.salutary (adjective)

Hindi Meaning - लाभदायक, अच्छा, सहायक
English Meaning - good, helpful/useful, beneficial, practical, valuable.

11.impose (verb)

Hindi Meaning - थोपना, लागू करना
English Meaning - apply, enforce, exact, inflict.

12.rarest of rare (phrase)

Hindi Meaning - दुर्लभ से दुर्लभ
English Meaning - it has a specific legal connotation (hidden meaning) in the context of the death penalty. It is often understood to mean and suggest that the crime was “exceptionally brutal”.

13.subsequent (adjective)

Hindi Meaning - बाद का, अनुवर्ती, आगामी
English Meaning - following, ensuing, succeeding, successive.

14.buttress (verb)

Hindi Meaning - पुष्ट करना, मज़बूत बना
English Meaning - strengthen, fortify, bolster up, shore up, reinforce, prop up, underpin, support.

15.hold (verb)

Hindi Meaning - पकड़, निर्णय करना, शासन करना
English Meaning - decide, rule (a verdict).

16.bench (noun)

English Meaning - a court of law with a number of judges.

17.Constitution Bench (noun)

English Meaning - a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist). (A bench of two or three judges is called a division bench).

18.seek (verb)

English Meaning - try, attempt, be intent on, aim for, work towards.

19.sentence (verb)

English Meaning - pass judgement on, punish, convict.

20.lay down (phrasal verb)

English Meaning - formulate, stipulate, frame, prescribe, order, pronounce (a rule/principle).

21.gruesome (adjective)

English Meaning - horrible, grim, dreadful/terrible.

22.criterion (noun)

English Meaning - basis, standard, norm, specification (criteria is the plural form of criterion).

23.offender (noun)

English Meaning - criminal, culprit, wrongdoer, lawbreaker, perpetrator.

24.socio-economic (noun)

English Meaning - relating to the interaction of social (position, rank, or importance) and economic (income, pay, and wealth) aspects.

25.background (noun)

English Meaning - situation, backdrop, scenario.

26.state of mind (noun phrase)

English Meaning - mood, temper, disposition, frame of mind, emotional state.

27.in this regard (phrase)

English Meaning - in connection with the aspect/consideration/point referred to earlier.

28.convict (noun)

English Meaning - prisoner, inmate; criminal, lawbreaker, offender.

29.aggravating (adjective)

English Meaning - worsening, deteriorating, intensifying, compounding.

30.prosecution (noun)

English Meaning - legal action, legal proceeding, legal case.

31.stride (noun)

English Meaning - decisive step, advance, progress, forward movement.

32.humanise (verb)

English Meaning - civilize, improve; personalize.

33.uphold (verb)

English Meaning - confirm, endorse/approve, vindicate/validate.

34.vitiate (verb)

English Meaning - destroy, impair, spoil, ruin.

35.give a chance (verb)

English Meaning - to provide someone the opportunity to do something; give someone a break.

36.inadequacy (noun)

English Meaning - shortfall, deficiency, insufficiency.

37.veer (verb)

English Meaning - deviate, change (direction), turn.

38.elicit (verb)

English Meaning - obtain, bring forth/bring out, draw out, generate; induce, evoke, spark off, trigger, kindle (a reaction/answer/fact).

39.authorities (noun)

English Meaning - officials, officialdom, the people in charge, the government, the administration, the establishment, the bureaucracy, the system.

40.probation officer (noun)

English Meaning - a court officer who interacts with persons who have been sentenced to supervised probation on a regular basis.

41.probation (noun)

English Meaning - (in criminal law) it is a period of supervision over an offender, ordered by the court often instead of incarceration/imprisonment.

42.in favour of (phrase)

English Meaning - in support of, to the advantage of, approving of.

43.referral order (noun)

English Meaning - A Referral Order is a sentence of the court considered for young people (10 to 17 year olds) who have been convicted of a criminal offence, often appearing before the court for the first time.

44.as to (phrase)

English Meaning - with respect to; concerning, regarding, with reference to.

45.tilt the scales/balance (phrase)

English Meaning - to change the balance of a situation, so that one side is gaining advantage.

46.on the one hand (phrase)

English Meaning - it is used to introduce the first of two contrasting different, points, facts, or ways of looking at something. It is always followed later by “on the other hand” or ‘on the other’.

47.heinous (adjective)

English Meaning - wicked, horrible, terrible, awful, disgraceful, shameful, outrageous, hateful, shocking.

48.come up with (phrasal verb)

English Meaning - produce, propose, present, put forward.

49.comprehensive (adjective)

English Meaning - all-inclusive, broad-based; all-embracing, complete, thorough.

50.upbringing (noun)

English Meaning - raising, bringing up, fostering/rearing, care and training (of young children).

51.dilemma (noun)

English Meaning - quandary, predicament, difficulty.

52.gallows (noun)

English Meaning - execution by hanging.