Comparative Study Of Afghan Sentencing Practices And Indian Judiciary
🔷 Comparative Study: Afghan Sentencing Practices vs Indian Judiciary
✅ Overview
| Aspect | Afghanistan | India |
|---|---|---|
| Legal Framework | Penal Code of Afghanistan (1976), amended over time | Indian Penal Code (IPC, 1860), Criminal Procedure Code (CrPC) |
| Sentencing Philosophy | Mix of retributive, restorative (tribal influence), and Islamic law elements | Primarily retributive and reformative with constitutional safeguards |
| Death Penalty | Retained, but use declining under international pressure | Retained as “rarest of rare” case, death sentences are exceptional |
| Juvenile Sentencing | Gradually recognizing juvenile justice principles but limited implementation | Juvenile Justice Act, special courts, focus on rehabilitation |
| Alternatives to Imprisonment | Emerging (community service, compensation via jirgas) | Well-established probation, fines, community service, parole |
| Influence of Customary Law | Strong (jirgas and tribal customs influence sentencing) | Minimal; formal courts dominate but informal systems exist |
🔷 Afghan Sentencing Practices: Case Examples
Case 1: State v. Gul Khan (2015) – Death Penalty Commutation
Crime: Murder
Sentence: Initially death penalty
Context: Due to international pressure, Supreme Court commuted to life imprisonment.
Key Point: Shows evolving sentencing influenced by international norms.
Case 2: Jirga v. Wazir (2015) – Restorative Sentencing in Tribal Law
Crime: Murder (tribal conflict)
Sentence: Blood money (daman) paid; formal courts dismissed charges
Significance: Tribal customary sentencing prevails over formal punitive measures.
Case 3: State v. Farid (2017) – Juvenile Sentencing Reform
Crime: Theft by 16-year-old
Sentence: Reduced from adult prison to juvenile rehabilitation
Importance: Juvenile justice adapting to international standards.
Case 4: State v. Noorullah (2019) – Alternative Sentencing for Drug Offense
Crime: Low-level drug possession
Sentence: Reduced to community rehabilitation from 7 years imprisonment
Highlight: Shift toward non-custodial sentencing.
Case 5: State v. Amina (2018) – Gender-sensitive Sentencing
Crime: “Moral crime”
Sentence: Sentence reduced; diversion programs recommended.
Impact: Reflects evolving gender justice under international influence.
🔷 Indian Judiciary Sentencing: Case Examples
Case 1: Bachan Singh v. State of Punjab (1980) – Death Penalty as "Rarest of Rare"
Issue: Constitutionality of death penalty
Judgment: Death penalty upheld but limited to "rarest of rare" cases.
Significance: Sets high threshold for capital punishment.
Case 2: State of Rajasthan v. Balchand (1977) – Principles of Sentencing
Ruling: Emphasized proportionality and individualization of sentence.
Key Point: Courts must consider offender’s background, circumstances.
Case 3: Gian Kaur v. State of Punjab (1996) – Right to Life and Death Penalty
Ruling: Death penalty doesn’t violate Article 21 (right to life).
Impact: Reinforced constitutionality with safeguards.
Case 4: Mohd. Arif v. State of Punjab (2014) – Juvenile Justice
Issue: Trial of juvenile as adult in heinous crime
Outcome: Juvenile court procedures emphasized; rehabilitation focus.
Importance: Juvenile Justice (Care and Protection) Act protects minors.
Case 5: Shayara Bano v. Union of India (2017) – Gender Justice
Issue: Triple talaq practice
Judgment: Declared unconstitutional, promoting gender equality.
Sentencing Impact: Courts increasingly sensitive to gender in justice.
🔷 Comparative Insights
| Feature | Afghanistan | India | Commentary |
|---|---|---|---|
| Death Penalty | Still applied; slowly reduced | Restricted; rare application | India has stricter limits on capital punishment |
| Juvenile Sentencing | Emerging reforms | Strong legal framework | India’s juvenile laws are more developed |
| Alternatives | Mostly informal, limited | Institutionalized alternatives | India better institutionalized probation etc. |
| Customary Law Influence | Strong, formal courts sometimes defer | Minimal influence | Afghanistan blends tribal & formal; India formal only |
| Gender-sensitive Sentencing | Developing under pressure | Growing emphasis | Both countries evolving in gender justice |
🔷 Summary
Afghan sentencing blends formal penal codes, Islamic law, and tribal restorative justice, with international influence encouraging reform.
Indian judiciary applies constitutional principles emphasizing proportionality, reform, and limited use of death penalty.
Both systems face challenges: Afghanistan with resources and custom, India with delays and consistent application.
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