Sunday, March 3, 2013

Capital Punishment- a not so capital idea?

In the past few weeks, India has seen two high-profile executions taking place. Those of 26-11 convict Kasab and the mastermind of the attack on the Parliament- Afzal Guru. Also, with the increasing cases of rape in the nation, particularly in its northern parts, we've had an outcry demanding death sentence for those convicted in such cases. It seems as if modern India's motto is, "don't kill the crime, kill the criminals."

And yes, I understand. I understand how it feels to have a group of self-righteous idiots try to take your decisions. When they try to kill you, or those near you, for the sake of remote concepts that don't really matter to you. When you have to take time of your daily bread-and-butter because your daughter and sister don't feel safe walking on the road alone. It rankles, the injustice of it all. The fact that you are denied security at your very own home. You want to kill those responsible for it.



But is this right?

Is it the only way out?

Is it a solution?

The answer is a resounding "NO."

Now, it may seem like I am being the Devil's advocate by saying this, but I firmly believe that killing someone is not a solution for a crime, and even more importantly, not the State's domain of jurisdiction.

What is a country? What is it that exactly constitutes a nation? Whatever it is, nothing justifies the State 
depriving a man of life. Simply put, that which cannot give life cannot withdraw it. Whatever the counter-argument, whatever the objection, however extreme the provocation may be, you simply cannot deprive a man of his life. And as for the fact that it acts as a deterrent for crime, I still see crimes happening, in-spite of the death penalty. And our moral system must be extremely shallow if the death penalty is the only thing stopping everyone from becoming rapists, murderers and terrorists.


Let me post a question here. Does the correct way to honor the memory of those killed by someone involve more killing? That seems rather paradoxical to me. The death penalty is just making killers of us all. And whatever my faults, I do not wish to be known as a killer.

I understand that any nation wishes to portray a strong impression by giving strong punishments to wrongdoers. But it must do that within its limits. The death penalty is irreversible, and as we all know, miscarriages of justice are unfortunately too common in our country.


And finally, it all winds down to one simple question-what is the difference? What is the difference between the culprits and us if we too resort to medieval methods for our "revenge", as it is? What is the difference between us and animals if both of us believe in the law of the jungle? None. And so let us show all those who think that just because they can kill, does not mean they should. As Gandhi has said, "The weak can never forgive. Forgiveness is the attribute of the strong." It may sound cliche, but let us show them that we are better humans than them.

And in the process, give humanity a chance.

18 comments:

  1. hmm... but whatever u are telling...!!! IS THAT A SOLUTION...????

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  2. Its not to propose solutions...first we must realize that something is wrong with the current system of hanging a person. Lets do that before looking for answers.


    One step at a time

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  3. umm... ok but there are few other methods of capital punishment other than hanging...isn't it..?? what about them....!!!

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  4. My problem is against the very concept of Capital punishment. You cannot just give a person life..so you cant just take it from someone.

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  5. I respect your morals..and a positive curve towards humanity ..
    ..but sorry to I don't agree ...you said one cannot deprive human life..so what gives right for people like Kasaab to cause mass murder .. ...or the people who were involved in gang rape recently ....
    I agree killing is not way for humanity ....but wont solve anything by sparing them either .......
    Its about justice ....
    These monsters killed so many innocent lives ...dismembered so many families ....and then they would be left alive....strict punishment must be done for such people ......
    sorry to say but human rights people don't see how many casualties are caused ...which is unfair
    As far as India is concerned ...we have seen people misusing a lot of things like reservations etc .....
    So by sparing the culprits it would show how weak we are .

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    1. I respect your opinion Saharsh..but just killing Kasab hasn't caused the death of the opinions that led to 26/11.

      I am no Gandhi fan, but as I said in the post, only the strong can forgive, can show humanity. Showing these people mercy is no weakness, but only a display of a man and his nation's mental strength.

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  6. wotevr u wrote,is right...bt the question arise is shld d criminals b left freely??n wots d guarantee dat once dey r left wothout killed,dey will not have another attempt??
    you can chnge the mind of common persn,bt not of any criminal or terrorist....

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    1. No man is born a criminal. I absolutely disagree with your saying that "you can chnge the mind of common persn,bt not of any criminal or terrorist...."

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  7. This comment has been removed by the author.

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  8. I agree terms like be a bigger man........But that only handful of people will get ....who probably has not lost a family member caused by xyz terrorist ....Put yourself in their shoes ..or for example you're the widow of a person who was killed by terrorists ....how would you feel....or if you're son / daughter of a person who faced similar fate by hands of culprit.......don't you think they need justice ....and by forgiving them ....their group member wont hesitate to attack again ....since they know we have mental strength to forgive them????? does this sound legit to you??? Any of it??

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  9. Another example to show how broken our system is...
    The Juvenile Justice Board framed rape and murder charges against the minor...but since he is a minor ...he would get away with it.....the funny thing is ....if he is so called juvenile ...then where was his juvenile mind when he raped? ??? That itself cancels the meaning of juvenile ......our system is so much broken ...that true justice chances are bleak ....we are talking about justice .......do you think you are that big of a man who can make this understand to the victims patents...that the person who killed her ...is enjoying rights provided by our corrupt system? ??

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    1. Of course not...but as I said,is hanging the guy the only solution?

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  10. Respect your views..but whay should be the deterrent...we can not judge whether something is right or wrong untill we have a reference to compare rather couple of references to compare...your blog completely gives those possibilities or references a royal miss...today if I decide that I am not going to breathe through my nostrils...I definitely needto have my alternatives marked..or else I would die...similarily from the point of view ofall those who have been affected by the carnaige in both the mentioned cases, what answers does the judiciary have if they decide to pay heed to your thought process...THINK ALOUD..

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    1. Frankly speaking, I could have turned this into a preaching session with a set of "20 things the government should do."

      But first we need to realize that the death penalty is a wrong thing. Only then can we even think of remedies and alternatives.

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  11. the thing is, we , sitting on our fat asses at home cannot gauge the enormity of this. you say you cannot take a man's life, true! but, imagine a situation where an assailant has held some of your family members captive ( needs no telling, I hope it never happens ) and is going to kill them. you being a police officer have the opportunity to ask the sniper to take him out. will you be singing the same song then? is not your duty more towards your family,because lives will be lost anyway? see? it's relative. these pragmatic thoughts don't work always in the real world and sometimes you do have to be orthodox to be unorthodox. and about the whole capital punishment thing, they are cross border decisions ( no matter how much main stream media would have us believe otherwise ) involving a lot of agendas so the right or wrong goes out of the window. and truth is, if you ask me, is, for a killing terrorist, he doesn't deserve to die,true,but does he deserve to live?, the luxury he willingly took away from so many people?

    P.S. -- Read the book Shantaram ( By Gregory David Roberts) and Catch 22 ( Joseph Heller) , must read for college grads,I did. Look them up on google first.

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    1. I will tell you something-whatever a man has done, whatever wrongs he has committed, nothing, and I mean nothing justifies a pompous media and self-centered politicians forcing the judiciary to hang him. Whatever his crimes, nothing justifies our acting in the same way as he did.

      The Capital punishment is making murderers of us all. And we are using provocations and arguments to shield ourselves.

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  12. the fact is our countrymen need something to haunt them to stop dem 4m committing crimes.. n capital punishment is d tuffest a/c to r constitution.. bt d fact here is only dose cases whch are highlighted by media drive 2 huge consequences like capital punishment...once d law makers of r nation start treating every case equally,irrespective of their connectivity with media or any politicians or dignitaries, and go thru some other measures like suggested by you it wud definitely b better and work more then capital punishment.. but till den capital punishment is d only way out to stop people from committing crimes..!!!

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    1. I agree with you partially..yes only some cases get media publicity. But you say that death row is a deterrent...its not. According to Wikipedia there are currently 476 people on death row in India, and over 10000 times the number have escaped a sure penalty only by exploiting some obscure constitutional technicalities.

      The death penalty is not working as a deterrent, and is violation of human rights.

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