Fiji is urged to revoke the provision of the Penal Code which provides for the mandatory imposition of the death penalty for specific crimes. (iii) India India is commended for its ratification of the ICCPR and CROC. India is encouraged to move towards ratification of the Second Optional Protocol to the ICCPR and CAT. India is commended for its constitutional provision regarding the fostering of respect for international law and treaty obligations. However, the Council expresses concern about the stated intention of the Government to increase the list of offences which are punishable by death and draws particular attention to its comments regarding the criteria for what constitute “most serious crimes.” The Council endorses the comments of the Human Rights Committee in relation to India’s obligation to ensure that its Penal Code does not permit the execution of a person who commits a crime while under the age of eighteen.12 The Council notes that religious and cultural traditions cannot justify the breach of international human rights law. In this regard, the Council draws attention to the Declaration on the Elimination of all Forms of Intolerance and Discrimination Based on Religion or Belief India is encouraged to take progressive steps towards de facto abolition of the death penalty and ultimately its de jure abolition. 12 “The Committee expresses concern at the lack of compliance of the Penal Code with article 6, paragraphs 2 and 5, of the Covenant. Therefore: the Committee recommends that the State party abolish by law the imposition of the death penalty on minors and limit the number of offences carrying the death penalty to the most serious crimes, with a view to its ultimate abolition.” ‘Concluding observations of the Human Rights Committee: India’. 04/08/97. CCPR/C/79/Add.81, para 20. 11