Tuesday, 8 September 2015

Capital Punishment Should not be abolished, instead be made Stringent

One of the heated topics of discussion today is regarding the implementation of capital punishment. Truly speaking, it has completely lost its meaning in the present scenario in India, where crimes are increasing at an exponential rate but the justice and the punishment levels are deteriorating to the level which is encouraging a lot of anti-socials and criminals to continue with their acts of insolence and then ultimately go free , unpunished. Where is the “JUSTICE?”  “An eye for an eye, a tooth for a tooth” that’s what the old system of justice says, but the thing does not remain same anymore.

Look at the developments of the countries like USA, INDONESIA, DUBAI, SAUDI ARABIA and so on and so forth. The crime ratio in these countries where apt measures are being taken for the inhuman activities is terribly low. This is obviously because they know that they have to reap what they sow. So there is no question of capital punishment of being abolished, instead it should be made more stringent. Leaving the criminals free would be a great deal of injustice to those who had withstood the pain, the agony and the intense trauma. In India where the brutal cases of murder, rape have become a part of day to day life , I don’t think there is any alternative to capital and corporal punishment.

It is said that everyone deserves a second chance to rectify themselves, but providing them this chance is creating more nuisance, insecurity and distress in the society. It is better to remove a rotten apple in order to save a basket full of apples. Death penalty is morally justified when applied in murder especially with aggravating elements such as child murderers, multiple homicide, cop killers, torture murder, mass killing such as terrorism, massacre and genocide. Whoever has committed murder must die. There is no juridical substitute or surrogate for life that can be taken for the satisfaction of justice. There is no likeness or proportion between life, however painful, and death, and therefore there is no equality between the crime of murder and the retaliation of it but what can be accomplished by the execution of the criminal.

We can have a look at the cases of implementation of capital punishment in independent India. Some 26 mercy petitions are pending before the President, some of them since 1992. The mercy pleas of Seema Gavit  were rejected by President after Supreme Court of India confirmed her death sentence. Taking into account the ear 2015, President Pranab Mukherjee has rejected 24 mercy pleas including that of Yakub Menon, Ajmal Kasab, Afzal Guru. On 27 April 1995, Auto Shankar was hanged in Salem, Tamil Nadu. On 14 August 2004, Dhananjoy Chatterjee was hanged for the murder (following a rape) of 18-year-old Hetal Parekh at her apartment residence in Bhowanipur on 5 March 1990. Chatterjee, whose mercy plea was rejected on 4 August 2004, was kept at Alipore for nearly 14 years. Ajmal Kasab , convicted of Mumbai attack on 3 may, 2010 was hanged on 21 November, 2012 in Yerwada Central Jail, Pune. Afzal Guru was convicted of conspiracy in connection with the 2001 Indian Parliament attack and was sentenced to death. He was to be executed in 2006 but the execution was upheld and he was hanged on 9 February, 2013 in Delhi’s Tihar jail.

Yakub Menon , convicted of 1993 Bombay bombings was hanged on 30th July,2015 in Nagpur Central Jail. On 13 March 2012, a court in Sirsa, Haryana, condemned to death the 22-year-old Nikka Singh for raping and strangling to death a 75-year-old woman on 11 February 2011. The rape and cold-blooded murder of a woman, who was of grandmother’s age of the accused, falls in the rarest of the rare case. Kehar Singh was hanged on 6 January 1989, for conspiracy in the plot of the Indira Gandhi assassination, carried out by Satwant Singh and Beant Singh. There have been calls for the introduction of the death penalty for rapists and molesters, especially since 2012 Delhi gang rape case and later crimes.        
                                                                                  
Whoever has lost their near and dear ones know what loss they have encountered. It is true that they won’t come back but that doesn't mean the criminals be set free. Retribution is simply revenge and cannot be condoned. Capital punishment has to be implemented when and where needed, but definitely after a proper case study and making sure that no innocent gets punished for someone else’s act.


Implementing capital punishment is the only medicine the brutalists deserve. There should be a strong say, a strong voice to guide this ideality for the ultimate betterment of the nation. To the rapists, I have a thing to say “just portray the image of your mother in your mind whenever such inhumane thoughts flicker, it might make a difference not only in your life but also in thousands of other lives.”  It is urgent to be inhumane to those who had been inhumane to bring in humanity to this day. Live and let others live, sing and let others sing the joyful song of life.

-Ahana Bhattacharya

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