Death Penalty in India – should it stay or go ?

The Law Commission of India has recently recommended abolition of the death penalty except in terrorism-related offenses and waging war against the country.

There are dissent notes within the Law Commission itself…

Nevertheless, let me say that if I were to debate as a common man, then these points would be my fundamental questions to the Commission :

(1) To what extent do you define ‘terror’ ? Or is it only limited to ‘waging war against the nation’ ?

To cite some scenarios :

(a) “Terrified” by the frequent incidents of rapes and assaults on women (including acid-attacks), many women are unwilling or scared to travel alone !!!

(b) Senior citizens living alone are “terrified” to open their doors to domestic-services staff or friends or relatives because of incidents of murders or attempts to murder, for pecuniary greed by persons even very well-known to them !!!

(c) Parents in villages are “terrified” to send their female children to schools because of instances of luring by powerful men along the routes for their sexual gratifications !!!

(2) What about the rights and justice for the victims and their families ???

(3) When certain serious crimes (numbers or types) have increased, as against yet lagging Police and Judicial reforms, then should it not be the other way, i.e., to try continuing implementation of death penalty as a deterrent ??

It may not work for all cases but definitely, it deters many potential perpetrators !!

In this regard, I favor certain aspects of the Sharia Law like it happens in Saudi Arabia. We actually need those kind of justice system in some cases !!!!

(4) By abolishing death penalty in all other cases except “terror” ones, the maximum punishment then would be only life imprisonment : that means, we are rather going to feed, entertain and provide security to the criminals at taxpayer’s expenses !!!!!

And this term ‘life imprisonment’ (though the SC has said it means for the entire life) is still handled unclear, with regard to certain provisions of bail and constitutional powers of states !

(5) And in any case, if the imprisonment is merely limited by certain number of years, then you know what – anything can just go fatally wrong again, revenge or whatsoever !!!!!!!!

Wouldn’t this worsen matters, along with an increase in the number of litigation (which could be avoided) ??

(6) How do we then differentiate severity of various crimes and the appropriate punishments ? So, even the “rarest of rare” or “brutal” crimes like Nirbhaya’s case, would not be punished with death penalty ?? Is a rape-victim not “terrorized” in any way ????

Another heinous and rarest-of-rare example is the Nithari killings, where 19+ innocent children were killed and then raped.

(7) Our scriptures speak about punishing the evil… Particularly, then considering the numerous and ages-old preaching /illustrations /’gyaan‘ from the Vedas, Upanishads and Bhagvad Gita – all of them are utterly wrong ????

Forgive all criminals even if they have terminated lives and tormented souls forever !?!

Would then such a recommendation be apt ?

Eagerly waiting to hear the Hon’ble SC on this matter……………

 

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5 Responses

  1. Should stay +++.
    And there should be deadline defined for the cases.

  2. As a lawyer, I fully agree with you. It should stay and punishment should be quick. Otherwise it is of no meaning. In India we do not have blood money concept. So law should be uniform for all of us. More than the court, in my opinion we the lawyers should be more responsible and vigilante.

  3. This is India. Does not matter whether capital punishment is there or not. Even if it is there, it takes at least 20 odd years. So, capital punishments are like natural death only.

    But, I agree that at least it should be there. Law commission should look again.

  4. My God! How can they think of removing this? It should stay. There will be public outrage otherwise.

  5. Capital punishment of death penalty should stay. How can someone kill another innocent person and get away? As Mr. Sampath said, it should stay and should be quick (maximum 6 months for investigations etc.).

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