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Death Penalty: Is it Justice or Human Right Violation?

Death-Penalty

By Mousumi Roy

08 August, 2014
Countercurrents.org

Shocking lawlessness, bribery, sex crimes, murders etc do happen in many countries. But the manner in which these are happening in India in recent years and are rising alarmingly causing great concern.

Major cities in India are not safe for women. The plight of women in villages can be inferred. People are crying for blood of the Delhi rape accused, Rape case of photo journalist in Mumbai has also been dealt through fast track court. But in rural India, many dalit women are raped, caste based clashes lead to abduction, murder of women, even child girls are not being spared. None of these incidents of aggression, violence against women are of any lesser significance. We have to take up all these issues, raise voices. Rise of sexual assaults against women in recent time are shaming India. These are sad and depressing incidents. It is not a matter of law alone, a matter of human decency too. Although women in India have excelled in various spheres of life over the years, they are still subjugated and no one can actually tell for how long this subjugation will exist. Attempts are indeed being made to bring equality, to uplift socio-economic conditions. More efforts are needed to bring in gender equality. Above all, it is the mindset which needs to be changed, coupled with education, awareness drive and sincere efforts will only bring about results.

Abductions, murders, terror acts are also on the rise. Money power of rich people, political influences and protections to offenders, are also to be blamed for increase in crime rates. Our Police forces are meant for providing protection and security of VIPs and guarding their close relatives and are not seem to be for common people.

India being known as a great democratic nation, has got its own elaborate legal system and judiciary in place but poor and ineffective implementation encouraging crimes from cheating to bribing, eve teasing to raping, murdering and many more. Prolong process in our judiciary system, delay in verdict etc are failing to win confidence and trust by our citizen.

Attitudes and prejudices are built up over generations and are reinforced by conformity. We become desensitized to wrong-doing. Empathy is a more powerful and sustainable catalyst for long term change towards a more peaceful society than just law enforcement can ever be. Life sentence, hanging, stoning to death, castrating are all symptomatic approaches to the problem, like a painkiller, unless the tumor is removed, the pain will return with vengeance. It is not just about a filthy contorted mind, it is about how the sickness, perversion is established in a young mind which grows up in inhuman conditions. Priority of the government should focus on education, health, sanitation, security and quick deliverance of justice with harsh punishment.

Many activists argue if we cannot allow someone to live we cannot take his/her life also. Any kind of crime, brutal acts, killing individuals, civilians, terrorist activities or evils against societies or nations must be treated as punishable offence and harshest possible punishment must be imposed. But by taking away life by imposing , we are not allowing him to realize, feel what sufferings has caused for his crime. So attempts should be made to allow him to live and make him understand through the process of rigorous and harshest life-long imprisonment and make him suffer until his death. This can be projected as an example of harshest punishment.

Victims’ concerns about impunity focus on the actions of criminals, stopping them from committing further crime and holding them accountable for the crimes. The needs of the surviving family members of victims are justice for the crime. The death penalty can divide and damage families. Unlike any other punishment, the death penalty sometimes creates irreconcilable conflict amongst the surviving family members. The reality of the death penalty system is- it just doesn’t work. It doesn’t make the public or police safer, it is prone to mistakes that snare innocent people, and it is not a good use of scarce public resources. The death penalty creates additional victims. When the state carries out an execution, the surviving family member becomes victim of homicide. The death penalty is a false promise to victims. Proponents of the death penalty put forth the notion that an execution can be a solution to the pain experienced by a survivor of a murder victim. The hardest thing for a victim is to accept that they cannot change the past. But what sometimes ends up happening is the murder claims two victims.

As citizen of democratic nation, one should view the death penalty not as a criminal justice sanction, but as a human rights violation. In order to aspire to live in a society, in a world where human life is cherished and the dignity of all is respected, hope and optimism should exist. Our planet can live without the death penalty and hope the day will come when “Death Penalty” as capital punishment is abolished.

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