The 12 out of 14 states/UTs have replied to Home Ministry that capital punishment or death penalty should stay, as it serves to act as deterrent in cases of heinous crimes such as murder and rape. The Home Ministry had forwarded proposal to abolish death penalty to states/UTs based on recommendation of Law Commission of India (LCI). The states/UTs that vetoed abolition of capital punishment were Gujarat, Chhattisgarh, Madhya Pradesh, Rajasthan, Jharkhand, Bihar, Tamil Nadu and Delhi. Only two states, Karnataka and Tripura, want practice to be done away with.
In 2013, the Supreme Court had asked Law Commission to examine whether death penalty is deterrent punishment or is retributive justice or serves an incapacitative goal. In its report in 2015, Law Commission, ten headed by Justice A P Shah, had proposed abolition of capital punishment for non-terrorism cases (i.e. it should be abolished for all crimes other than terrorism related offences and waging war). According to Law Commission’s Report, India is among handful of countries such as China, Saudi Arabia, Iran and Iraq that still carry out executions. At end of 2014, 98 countries had abolished death penalty, 7 had abolished it for ordinary crimes, and 35 were abolitionists in practice, making 140 countries abolitionists in law or practice.