Abolish Death Penalty India: Former Indian PM Gandhi's killers to hang

Sunday, August 14, 2011

Former Indian PM Gandhi's killers to hang

NEW DELHI — India's president has rejected mercy pleas from three men convicted of the 1991 assassination of then prime minister Rajiv Gandhi, paving the way for their execution, an official told AFP on Thursday.

The appeal, sent to President Pratibha Patil by the men -- Murugan, Santhan and Perarivalan, all known by single names -- was their last hope of escaping the hangman's noose.

All three belonged to Sri Lanka's Liberation Tigers of Tamil Eelam (LTTE) militant group, which was accused of plotting the May 21, 1991 murder of Gandhi by a female suicide bomber.

Gandhi had become India's youngest ever prime minister after his mother, former premier Indira Gandhi, was assassinated in October 1984, and ruled until losing an election five years later.

The shredded clothes and the shoes he was wearing when he was killed while on an election tour in the southern of the country 20 years ago remain on display in a museum in the Indian capital.

"The rejection (of the clemency petitions) happened last week after the president returned from a foreign tour," presidential spokeswoman Archana Datta told AFP.

Although the Supreme Court upheld the original death penalty verdict for the three convicts it later commuted the capital punishment to life in prison for Nalini Sriharan, an Indian Tamil woman who was also convicted.

The three men had sought a presidential pardon after the top court's verdict.

The LTTE, wiped out by Sri Lankan forces in 2009 following a bloody offensive by government troops on the island, always denied its hand in Gandhi's assassination.

But the militant group's now-slain leader Velupillai Prabhakaran went on to honour the assassin's father as a "great person who contributed to the Tamil cause."

Gandhi's killing was seen at home as retaliation for a 1987 Indian government pact with the Sri Lankan government to disarm the guerrillas, who had been trained and armed by New Delhi in the early 1980s.

After that pact, the LTTE fought Indian troops deployed to the island by Rajiv Gandhi's government to supervise the accord. India withdrew its troops after 32 months in which it lost 1,200 soldiers at the hands of the rebels.

Ten Indians and nine Sri Lankans sentenced to death by a lower court for their involvement in Rajiv Gandhi's assassination were freed after they were acquitted by the Supreme Court in 1999.

The last execution in India was in 2004 when a 41-year-old former security guard was hanged for the rape and murder of a 14-year-old schoolgirl in Kolkata city.

An anti-death penalty lobby group condemned the rejection of the clemency petition.

"It has been well established that capital punishment does not help to reform society," said Kirity Roy of the privately-run South Asia Network Against Torture and Impunity.

"If India wants to portray itself as a civilised nation and aspires to fulfil its obligations to international norms then it must abolish the practice," Roy told AFP by telephone from Kolkata.

"There were 12 rapes almost immediately after the guard's hanging and so it proves the death sentence is not a deterrent," argued Roy, urging President Patil to re-think her decision.

In May, Patil rejected a mercy petition from a murderer in the northeastern state of Assam, leaving the state scrabbling to find a hangman.

Many of the small number of known hangmen nationwide have either died or retired in recent years.

By Pratap Chakravarty (AFP)
http://www.google.com/hostednews/afp/article/ALeqM5jE08l64ks3CInW-Ik6dnaxgcePuA?docId=CNG.aa7674c639a5e9ad67258cf714f6c17d.2f1

1 comment:

kanagaAugust 19, 2011 at 4:48 PM
please sign the petition at
http://enddeathpenalty.wordpress.com/petition/

or

http://www.facebook.com/stop.death.penalty

Thank you
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The Death Penalty Scenario in India

India is one of the 193 countries that retains death penalty. There has always been a few imminent judges who have pronounced compelling verdicts upholding the rights of prisoners on death row. There has been increasing debate in various platforms advocating abolition of death penalty or at least to rethink sentencing policies in India. The Indian government has however always been committed to the retention of the death penalty, irrespective of their political ideology. India has voted against a United Nations General Assembly (UNGA) draft resolution on the use of death penalty, saying it goes against the statutory law of the country where an execution is carried out in the "rarest of rare" cases. India retains the death penalty as punishment for a number of crimes including murder, kidnapping, terrorism, desertion, inducement to suicide of a minor or a mentally-retarded person and has more recently in 2013 come to include the offence of rape in certain circumstances. Most recently, there is an outrage over child rape and murder.

After observing an unofficial moratorium of 8 years in India, the Indian Government in November 2012 carried out the execution of Ajmal Kasab, convicted in the Mumbai attacks case, without public knowledge. This was followed by the secret execution of Afzal Guru, convicted in the Parliament attack case of 2001, in February 2013, under similar circumstances, without intimating his immediate family or affording a chance of judicial review. In both cases, the executions were carried out under covert operations conducted by the Government immediately upon rejection of their mercy petitions. Before these executions, the last execution to be carried out in India was that of Dhananjoy Chatterjee in 2004 who was convicted of rape and murder and which sentence was carried out after he had spent 13 years in solitary confinement. Following this, several mercy petitions of death row convicts have come to be rejected. The fear of execution of such convicts is imminent. Bolstered by the Government's unapologetic conduct and public outcry, especially in recent cases of rape and murder reported in the country, the courts are continuing to hand down death sentences at an alarming rate.

In the recent past, there have been a few empirical studies (mainly four) conducted with prisoners on death row. This has highlighted the situation of prisoners on death row.

(1) Most recently the India Exclusion Report 2017-18 found that fair trial rights and guarantees are reduced to a nullity and seeks to breach the citadel of the collective silence. It further said that Convicts on death row in India belong to groups marginalised along the axes of caste, religion, economic vulnerability and educational deprivation, and their fair trial rights, though a part of the Right to Life guaranteed by the Constitution, are invariably non-existent, a survey of 371 out of the 385 persons living under the death sentence and their families has revealed.

(2) Another study was The Death Penalty Research Project (2015) which was conceived with an aim to document the socio-economic profile of prisoners sentenced to death in India and map their experience within the criminal justice system.

There were two other academic studies that were done conducted by Dr. Reena Mary George –

(3)“Voices of prisoners surviving the death row in India” (2014) done through the University of Vienna under the guidance of Prof. Dr. Christoph Reinprecht (Sociology) and Prof. Dr. Manfred Nowak (Law and Ex-United Nations Rapporteur on Torture). George’s research highlights three salient features, namely: poverty, social exclusion and marginalisation are antecedent to death penalty; death penalty is a constructed account by the state machinery; and prisoners on death row situate dignity higher in the juxtaposition of death and dignity.

(4) Another one “Death Penalty – A Human Rights Perspective” (2009) done through the University of Mumbai under the guidance of Retired Justice Hosbet Suresh. This was a study in Maharashtra with the objectives to firstly study the impact of death penalty on the social, mental, and physical being of the inmate and secondly, to study the perception of opinion leaders on death penalty with reference to human rights. All the above reports are public documents.

According to the National Crime Records Bureau, Prison Statistics 2015, there are 101 prisoners sentenced to death. The actual figure of sentences originally awarded is much higher considering the death sentences of 49 convicts came to be commuted to life imprisonment in the said period. As of today, almost in 2019, the figures are unknown through government statistics, however, research centres claim this figure to be around 371 convicts. During the 1980s the Supreme Court sought to restrict the use of the death penalty by characterizing it as a punishment reserved only for the “rarest of the rare” cases. The doctrine has not had the desired effect. According to a former chief justice of the Delhi High Court, Rajindar Sachar: “after the rarest of rare doctrine was introduced in 1980, the Supreme Court confirmed death penalty in 40 per cent of cases in the period 1980-90 while it was 37.7 per cent between 1970 and 1980. For the high courts it rose from 59 per cent in 1970-80 to 65 per cent during 1980-90”. Over the past two decades the death penalty has been extended to include more crimes and been handed down with increasing frequency.

Most recently while commuting a sentence in Supreme Court (2018), Justice Joseph did not seek the reconsideration of the Bachan Singh judgment, but only sought to re-examine the purpose and practice of the death penalty, and whether as a punishment, it serves any goal at all. In other words, the death penalty can continue to remain constitutionally valid because of the Bachan Singh judgment, but its application in substantive cases coming before the court must be restricted to only those cases which meet the criteria laid down in that case.

While updating the blog and conducting my own empirical studies, I observed the heinous nature of the crimes that were committed and thought about the families, about their loss, about the victims who for no fault of their own died. If I lost my relative or a dear friend, would I still oppose death penalty and would I still advocate to abolish the death sentence? Having worked in the criminal justice system and also having the seen the other side, where often it is the marginalized, vulnerable and oppressed who are on death row makes me want to advocate for abolition of this punishment. Victims should definitely get justice for their loss, for their pain. No one should escape the rule of law. As long as humanity exists; crime will exist. Should we not re-consider our sentencing policies?

Reena Mary George