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.
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.
2 comments:
I second on that. I vote to hang. On one hand the moral dilemma that when a country cannot provide life, how it can posses the right to take away. However, country has a duty to provide justice and also a duty to create a safe environment for its citizens. Both the above duties forces a country to take stringent actions against such serious crimes.
I somehow believe, rigorous life imprisonment is a greater punishment.
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