Dispose mercy petitions in three months: Parl panel

However,following differences it did not recommend reducing the age of juveniles.

The Committee in its report on the Criminal Law (Amendment) Bill,2012 said,“Application for clemency should not be considered in rape and murder cases.”

It also said mercy petitions should be disposed off within three months and reasons for granting clemency should be made public.

Committee Chairman M Venkaiah Naidu said the panel had wanted to know the reasons behind former President (Pratibha Patil) commuting death sentence of four convicts of rape and murder cases.

But the Home Ministry refused to share the details citing privilege in discussions between the Home Minister and the President. “Hence the suggestion to make reasons public,” he said.

He also said the delays in clearing mercy petitions was being used by convicts to demand commuting their death sentence to life imprisonment in courts.

“The attention of the Committee was drawn to the issue of clemency given by the President of India. The Committee noted that some persons convicted for rape and murder were given clemency by the President,” the report said.

Article 72 gives power to the President to grant pardons,and to suspend,remit or commute sentences in certain cases.

“The President shall have the power to grant pardons,reprieves,respites or remissions of punishment or to suspend,remit or commute the sentence of any person convicted of any offence,” the Article says.

The recommendation assumes significance as it comes against the backdrop of clamour for hanging the rapists of the 23-year-old girl in Delhi on December 16. The girl,a paramedic,was raped and brutally assaulted by six persons in a moving bus,because of which she died 16 days later.

The government’s decisions to reject marital rape as a criminal offence was also accepted by the committee which agreed with the Home Ministry’s view that criminalising marital rape would weaken traditional family values in India,and that marriage presumes consent,arguments opposed fiercely by women’s activists.

“… it has practical difficulties. If litigations are allowed,then the family system will be disturbed,” Naidu said in response to questions.

Despite suggestions by several members,the committee decided against recommending a relook at the age of juveniles as the Home Ministry said the Women and Child Development Ministry was examining the matter.

Some members also opposed a recommendation on the issue saying without consulting experts,the panel should not rush to conclusions.

“I raised the issue…there were opinions that the age of juveniles should be reduced from 18 to 16 years,” Naidu told reporters.

Going beyond its mandate to recommend changes in the bill,the panel has also suggested improving courts’ infrastructure and said adequate funds should be earmarked for setting up fast track courts.