abstentions. By the terms of the resolution, the General Assembly would urge Member States to progressively restrict the use of the death penalty and not impose capital punishment for offences committed by persons below 18 years of age, on pregnant women and on persons with mental or intellectual disabilities.

In its explanation of vote, India said the resolution seeks to promote a moratorium on executions with a view to abolishing the death penalty. India voted against the resolution as it goes "against our statutory law, First Secretary in the Indian Mission to the UN Mayank Joshi said.

"The resolution fails to recognise the basic principle that each State has the sovereign right to determine its legal system and to punish criminals as per its laws," he said. Joshi said inIndia the death penalty is exercised in the "rarest of rare" cases, where the crime committed is "so heinous as to shock the conscience of society." He said Indian law provides for all requisite procedural safeguards, including the right to a fair hearing by an independent court, the presumption of innocence, the minimum guarantees for the defence and the right to review by a higher court.

India reiterated that its laws have specific provisions for suspension of the death penalty in the case of pregnant women and has rulings that prohibited executions of persons with mental or intellectual disabilities, while juvenile offenders cannot be sentenced to death under any circumstances.

Joshi added that death sentences in India must also be confirmed by a superior court and an accused has the