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Discretion, Discrimination and the Rule of Law provides an analysis of sentencing for rape in India, using data from 25 years of rape adjudication in Indian courts. It provides an insight into prejudices that influence rape adjudication, and how sentencing of rape offenders is impacted by such prejudices. Based on a comparative study of sentencing reforms, and an examination and analysis of recent efforts to reduce sentencing disparity in a variety of common-law jurisdictions such as the UK, Israel, and the US, the book proposes an institutional reform – an independent sentencing commission that would establish detailed, presumptive guidelines for rape sentencing – as a solution to the problem of unwarranted disparity in rape sentencing in India.
ISBN - 9781107135628
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