Friday, September 23, 2011

Capital Punishment? To hang or not to?

Capital punishment i.e. the authorized killing of a person by the state as a punishment for the offense committed, has been a matter up for discussion off late in the international arena. Many countries have banned capital punishment and this has created an international consensus against the use of capital punishment or death sentence.

This issue came up for the national debate when some  of the mercy petitions seeking clemency were recently rejected by our honorable President Pratibha Devi Singh Patil. Our constitution provides for a pardoning power only given to President of the country even applicable in death sentences. As of today, around 60 such petitions are tabled in the office of the President. And the unhidden politicization of such matters is the only reason for the unjustified delays caused in such execution cases.

First and foremost, should India do away with capital punishment? This question certainly cannot just be answered out of a feeling of pity and kind. There are numerous aspects to be analyzed before formulating an opinion. Firstly, the state does not provide for a right to life or rather it does not give us life, ergo it should not have the authority to take away one. Secondly, morality does not permit us to take one's life whatsoever may be the circumstances and scenarios.But then, by what right or on what moral ground did the convict commit that heinous crime.This also needs to be kept in mind. Capital punishments can save the expenditure of the over populated jails, can  create deterrence and ensures justice keeping in mind how people innovate ways to get out of imprisonments on grounds of health and other reasons. On the other hand, capital punishment is draconian, not reformative and the delays in execution result in traumatic periods for the guilty and his/her family members.


There have been instances when countries that banned capital punishment witnessed a rise in the crime rates within a couple of decades and today those very countries are trying to re-introduce capital punishment in their system.United Kingdom is one such example.Also, Singapore which was heavily criticized for the colossal number of executions it performed every year and the highly punitive law code it developed in the country.But today Singapore has one of the lowest crime rates of the world.

Having regard to the conditions in India, to the variety of social upbringing, to the disparity in the level of morality and education, to the diversity of the huge population and to the paramount need for maintaining law and order, India cannot risk the abolition of capital punishment. Today, we are no where near a stable society where we would not be needing stringent laws and punishments.May be some day when we see things in control, we should definitely act otherwise.Also, having capital punishment or other stringent punishments would only help if the conviction rate is high. In India, the poor conviction rate stands at 4%.And the long delays add to the misery.

Having agreed to continue with the capital punishment in India, we reach the next part of the dilemma. What form of capital punishment should be preferred? There are many - hanging, lethal injection, gas chamber, shooting, electrocution etc. While deciding, many would advocate an instant death. But would not it lessen the deterrence caused by a painful and slow one? Should not the criminal feel every bit of the crime before death? These are questions , difficult to answer. But we cannot let our morality come in the way to punish those who have violated morality themselves.

I vote to hang.





Tuesday, September 20, 2011

Police Reforms: Modernising Khakhi

I have come across many views on the degree of corruption in the Police department of India. Some claim that it's the least corrupt among other departments of the government where as some accuse of it being the most corrupt, in fact far ahead of the other ones. What I witnessed today would argue for the later.


A policeman enters and approaches the manager.The manager's face turns pale.He asks the waiter to pack some food for the policeman. After 10 minutes, another policeman. After 10 min, another. When the forth policeman arrives, the manager loses it. 'Look Sir, I am already serving free food to three postings of police personnel near this place. I am spending rupees 1000 every damn day on mother fuckers like you'. Seems like the policeman  had no esteem. He stood there like a beggar claiming that he was just working on orders.Again came a free bag of food. The policeman smiled and marched out.

Corruption is though, only one of the numerous problems of the current day policing in India.The police force of the country is heavily overburdened and has one of the worst policeman-population ratio in the world. Moreover, the arbitrary transfers of senior levels officers in Indian Police is a big hurdle before attainment of efficiency and effectiveness.Though the appointments are facilitated by an panel-system, still they do not reflect the consideration of ability over seniority.Also, there are no mechanisms for grievance redressal to look after the complaints against policeman.Also, the reluctance of registering FIRs by the policeman is a big concern.Untrained policemen equipped with age-old rusted arms cannot fight the super equipped militants.

It is high time that the recommendations of the Soli Sorabji Committee are manifested and police reforms are taken up very seriously.First and foremost, the investigation part should be bifurcated and given to investigation agencies which will help the overburdened police to maintain law and order efficiently.Secondly, the tenure of higher officials should be fixed for at least 2-3 years.That would check the political interference. Thirdly, an independent commission should be constituted for the appointment of heads of armed forces and higher level appointments in the police. Further, Police Complaint boards need to be established at state and district levels to be headed by retired judges. This would bring accountability and would check the arbitrariness of police working. Lastly, we need to train the policemen in general warfare and provide them with modern arms and ammunition.

It is high time to bring at least some of these recommendations into practice asap and to re-establish people's faith in the sentinels of India.

Thursday, September 15, 2011

Animal Welfare Bill 2011: The WTF bill

Recently a new 'Animal Welfare Bill 2011' has been tabled in the Parliament. This will replace the old Prevention of cruelty to Animals Act 1960. Lets look at it's provisions.

(1) Freedom from thirst and hunger. Hmm, what about the million people starving in the country and hundreds of hunger deaths every year.

(2) Freedom from discomfort including access to shelter & place to rest. Well, why don't we first start with those people who are forced to live on the roads.Why don't we rehabilitate the slum people first?

(3) Freedom from pain, injury, sickness including prompt veterinary care. The country faces severe shortage of Primary health centers, medical professionals and services in rural areas and many die everyday due to absence of prompt ambulance services.You got to be kidding me with this.

(4) Freedom to express normal behavior of that species. So next time when you decide to throw a stone on a stray dog barking into the night and being a pain in your ass, think twice, that dog will be capable of suing you for this offense.

(5) Freedom from fear and distress and also provision for adequate space for natural movement and company of animals of their own kind. So while taking your dog on a walk, if your dog wants to indulge in some playful activities with the stray dogs, you have a right to remain silent, even if they indulge in public display of affection.

Well fun apart, the government needs to realize that nothing can be more important than the betterment of living standards for poor people. First ensure the fundamental rights of the people and an equitable society, then we will talk about animal rights. And for those who feel that dogs(read animals) should be treated humanely, i would say, lets first stop treating humans dogly.

Monday, September 12, 2011

Decade of tears


They stood there,at ground zero,
mourning those souls who hadn't erred.
Those were innocent people.
Young and old.Black and white.
They never waged a war.

Is it fair, to take innocent lives,
for inducing terror, or for making a point,
Is it fair, to punish people,
for someone else's greed.
The answer is no.

 Those responsible, should be hanged.
No, that would be far too easy.
Slow poison may be,
or a revengeful beheading.

We need to tell their brothers,
that we can kill too.

An eye for an eye,
would make the world blind.
But at least, that blind world,
would be fair.

Remember, remember, eleventh of September.


RIP