- This topic has 19 replies, 9 voices, and was last updated 1 year, 2 months ago by
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Nno no its not… look if you and I both know that this criminal X is going to be hanged… lets say this monday… why cant the judiciary allow maybe a paid public whipping. .. India does not lack rich people… even the minority is in large numbers… I swear we can easily reach 30 people who are willing to belt a criminal for 50k rupees.. thats 15 lakhs that we can raise from the public that can be used correctly.
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SBecause the law specifies the punishments, be it death penalty, life imprisonment etc. Whipping is not an option. Law is not a carousel for you to ride on and live out fantasies on. It’s not a theme park. The specified punishments are given. You might wanna go to Saudi or Afghanistan to enjoy the whipping Fetish 😂😂
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Nwhich law exactly? Genuinely asking… because from my reading… it wont legally hurt anything… more like gives India a bad pr
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SArticle 17.
“No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.”
https://www.ohchr.org/en/instruments-mechanisms/instruments/geneva-convention-relative-treatment-prisoners-war#:~:text=No%20physical%20or%20mental%20torture,disadvantageous%20treatment%20of%20any%20kind.-
Nbut he is not a prisoner of war. he is a terrorist. I am not saying… just apply to him… I am saying terrorists and rapists in general
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SIndia always pushed the narrative that he was not just a terrorist but a Pakistani soldier, carrying out war in India through terrorism.
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AArticle 21 of the Indian constitution.
>No person shall be deprived of his life or personal liberty except according to procedure established by law.
The key words here are: “except according to procedure established by law”
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MIn criminal law, there cannot be ex-post facto law. Means, if a person committed an offence, you cannot make a law to decalre that offence is punishable by a higher penalty.
Even if there was such a law, it would go gainst Article 21 of Indian Comstitution. There was a discussion about it in AK Gopalan v Union of India. The court there said that if there was a law to fry people in hot oil, people could be fried in hot oil. But later, this position itself changed. Such a law would go against Right to a dignified life under Article 21.
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