Abolish Capital Punishment

            The recent Delhi Gang rape and murder has left the entire nation shocked and livid. The youth has come out on the streets on an unprecedented scale. The clamour for capital punishment to the perpetrators of the barbaric crime is rising by the day. Politicians, activists, women organizations, students etc are asking for amending rape laws to make rapists liable to Capital Punishment.

            Even in such a charged atmosphere I staunchly believe that not only must we refrain from such amendments but also must do away with Capital Punishment completely. Before you slap charges of being insensitive or male chauvinistic on me, read the arguments favouring the aforesaid stand.

1.     Why make punishment easy for the perpetrators?

Death at the gallows comes within minutes and is an easy end for the criminal. On the other hand the victim’s dear ones suffer a lifetime trauma. Will the family of the recent Delhi case victim ever come out of the shock? Can the void created by the loss of their daughter ever be filled? Will they ever forget the brutal end their darling princess met?

Capital punishment is simply not commensurate with the crime. Offenders must suffer for a lifetime.

2.     Capital Punishment lacks deterrence value.

One may argue that there is a need to set an example for future offender. But did Maria Susairaj’s boyfriend, a naval officer, not know the punishment for murder? The fact is that only a miniscule of crimes is properly planned. Most crimes happen in the heat of things or in an inebriated state where the offender is not in the state of mind of thinking about the consequences. Also a large number of criminals have an unbalanced psyche.

Also in India the capital punishment is an exception and not a norm as per the ‘rarest of rare case doctrine’. Hence the argument of deterrence doesn’t hold good. Global studies too have revealed that the countries practicing capital punishment have shown a constant rate of crime implying little deterrence value of the practice.

3.     Possibility of an innocent being hanged.

‘Let a thousand criminals go scot free but not an innocent hanged’. The age old legal adage highlights the importance of saving an innocent from the noose. According to research in USA, between 1973 and 2005, 123 persons were released from death row when evidence of their innocence emerged. Another interesting study found out that by using DNA and other latest technology it was proved that several death sentences of the past were wrong.

One just can’t imagine the pain of an innocent person sentenced to death. In a Third World nation like ours we have to be doubly cautious since there are many weak sections in our society. They can’t make both ends meet leave aside fighting a prolonged legal battle.

Supporters of capital punishment may argue that we have a gradation of courts and free legal aid for them. But it must be noted that it is completely the skill of the defending attorney to prove the innocence of accused and such masters of trade come for a cost.

4.     Capital Punishment is not retribution for terrorists

The argument of Retribution i.e. punishing proportionately to the crime is often cited in favour of capital punishments, especially for terrorists, lacks sound reasoning. Can the single death of the terrorist be equivalent to the deaths of several innocent citizens? Furthermore an execution is what he wants and it makes him a hero for his likes. Instead a lifelong punishment that will make him repent his misdeeds

5.     Current Global Trend

World over there is strong trend towards abolishing this anachronistic practice. Close to 100 nations, including Canada, Australia and New Zealand, have abolished capital punishment and many resort to it only occasionally. In USA many states, lead by Michigan, have abolished it. In fact abolishing it is a major condition for being a European Union member.

As India rises to the International Leadership status she can’t practice a punishment that is globally considered as against human rights.

6.     State must not have the right to take life of citizens

Life is the most precious gift of the Creator and the state must not be warranted to take it away, lest the power might be abused. Although we have been fortunate but the experience of other third World nations highlights the plausibility of such a fear.

7.     State and Society are responsible for birth of criminals to a certain extent

Often a person is transformed into a criminal because of his socio-economic predicament. There are glaring disparities in the society and denial of justice has bred criminal tendencies.

            The alternative then is to award rigorous imprisonment without parole to such criminals. Law must ensure that they spend their entire lifetime in jail. As regards the cost of maintaining them, they must be integrated in some business model to sustain their expenses.

            Rounding off, the abhorrent practice is an anachronism in the age of human rights. Rooted in revenge and hatred it is against the high civilizational values of our nation such as ‘hate the sin and not the sinner’. Hence it must be abolished completely.