It betrays a lack of thought on the likely impact, and only serves to endanger the lives of future victims. As a result, an “anchoring effect” is seen, whereby even if there are aggravating circumstances, judges award only the mandatory minimum sentence. Another effect of high mandatory minimum sentences is that judges, in order to avoid awarding what they view to be a disproportionate sentence, prefer to acquit the accused. Therefore, enhanced mandatory minimum punishments in the ordinance are likely to be counterproductive. Along the same lines, the ordinance has anchored its enhanced mandatory minimum sentences and death penalty on age, without considering the issues that arise with age determination.

Source: Indian Express April 23, 2018 18:45 UTC