India’s Law Commission report is expected to oppose death penalty
The Law Commission report pending
submission of (on 31.08.2015) and
acceptance / by the Government of India is reported to have recommended
abolition of capital punishment except in cases of terrorism. Though it does
not require graphic definitions, legally, it helps to define classes and tenor
of tenor. Given the shades of state
sponsored terrorism and non-state actors, the lines between nationalism
economic exploitation and traitor-ship / martyrdom blur. Thus definitions
certainly help; even if such definitions need period reviews and
improvisations.
Given that death penalty has
never been an effective deterrent, instead abrogates human rights and justice,
it serves the purpose to explore alternative means to serve deterrence. When a
person has committed a cognisable offence and is convicted, the rule of law is
indeed upheld. Society is secured,
democratic principles are put to robust practise. But death penalty takes away
the right to life of the convict. That is not justice, rather vendetta.
So that brings us to the argument
what about the life / lives of those that the convict damaged / killed? Even in
the case of a premeditated murder the victim is unaware of the fate awaiting
him / her. In the most unfortunate twist of fate the victim / deceased survivor
bore the brunt of the perpetrator’s vicious behaviour. But will putting him /
her – that is the perpetrator - to death serve the purpose of deterrence or
justice? No, not really, death penalty is only vindictive emotional knee jerk
reaction guaranteed to ensure that the ills plaguing the society will never be
cured.
Pardon me, I am not justifying
any such condemnable behaviour but am sincerely trying to understand what
causes deviant behaviour in some people. If the causes are not addressed the
symptomatic manifestation will sustain and in turn that may only sustain death
penalty. I am aware that those opposed
to abolition of death penalty will spew venom at me and question me why I
shouldn’t subject myself to rape or if I have felt the anger and helplessness
felt by the family members of someone who has been murdered. But here, I am
trying to address the emptiness of vengeance.
What prompted the criminal to do
what he / she did? In the case of drug peddling - broken homes invariably lead
to drug addiction and then drug peddling. In the case of rape, gender verbal
abuse and emotional abuse in the tender years of childhood trigger violent
behaviour. Drug peddlers feed on and are fed by drug addicts. So that is a
vicious cycle. By putting to death the
convicts does the victim get justice? No: Only a sense of emptiness without
purpose permeates the soul.
Closure? Getting closure is
significantly connected to cultural norms. The Hindus and the Buddhists often
ascribe their fate to Karma. Christians forgive conscientiously the Muslims
inherit the law “eye for an eye and tooth for a tooth” from the Civilisation of
Mesopotamia in Babylon where Islam took root in a later day and age.
Child rearing was never easy.
Parenting skills are all the more challenged in an unequal world order
prevalent in society. Building emotional resilience through inculcation of
ideals, yet making the child aware of the pitfalls of perfection is the
challenge for parents.
So now let us address the needs
of the innocent victims. Victims must get state support –emotional counselling,
rehabilitation, economic assistance to victims of violent crime including
policy support for job reservations, medical treatment reintegration
assistance, and insurance.
Convicts must be allowed to see
the treatment and reintegration of the victims while they – the convicts are
punished. That way justice is done.
Death penalty is only vindictive,
appropriate for emotional reactions and serves no purpose, but at the same
time, the convict’s right to life is suspended. Yes what about the right to
life of the victim? Yes it is unpardonable that anyone’s life with dreams and
hopes can be snatched away at the will of a crook or demented soul. It is
unfair to the family of the victim too. But neither the victim nor the family
of the victim can get closure out of vendetta. But the perpetrator must be
“taught” to value life of fellow human beings and animals. For this atleast he
/ she must be allowed to live and reform.
It is practical to deport all
death row convicts from all countries to a life in prison in any uninhabited
Island where a UN / ICRC monitored penal colony / settlement can be
established. Local fishermen and indigenous people can be given opportunities
to ward, feed and securely monitor the convicts. Convicts must have rights to
visitation and medical treatment, food, clothing, reading material and visits
by family without any further indulgence whatsoever; but should be punished
without recourse to further legal aid / appeal. The death row convicts should
be allowed access to basic / simple food, communication and clothing. The time
spent in such isolation is guaranteed to bring remorse. It’s a greater punishment
than death penalty.
Social entrepreneurs, counsellors,
human rights activists, the Gandhi Peace Foundation http://www.gandhipeacefoundation.org/
are the most appropriate resource people for such sustainable engagement. One
reformed prisoner can substitute an army’s intelligence networks effectively in
mitigating crime… for death penalty is and always will be a miscarriage of
justice.
Malini Shankar
