
Mandatory Sentence in Nari-O-Shishiu Nirjatan Daman Ain, 2000
Section 9(1), 9(4)(ka), 11(ka) and 30 of the Nari-O-Shishu Nirjatan (Daman) Ain, 2000 (as amended in 2003) provides for mandatory sentence of death and imprisonment for life. The quantum of mandatory sentence proposed by the Act violates the principles of separation of power as enshrined in Article 22 of the Constitution. It clearly prejudices the ability of courts to consider extenuating and mitigating circumstances of each case. These provisions have created circumstances under which the judiciary has been a simple rubber stamp. In fact, the legislature by determining mandatory quantum of sentence violated the doctrine of basic structure enshrined in our constitutional dispensation. Hence, these provisions are liable to be declared ultra vires of the Constitution.