Abolish Death Penalty India: Balwant Singh Rajoana gets a reprieve as Centre bows to Akali pressure

Thursday, March 29, 2012

Balwant Singh Rajoana gets a reprieve as Centre bows to Akali pressure

TNN | Mar 29, 2012, 02.04AM IST
NEW DELHI: Balwant Singh Rajoana, convicted for the assassination of Punjab CM Beant Singh, received an extraordinary reprieve three days before his death sentence was to be executed, with the Centre buckling under the high-pressure advocacy of the Akali Dal government. President Pratibha Patil accepted a clemency petition from Punjab CM Parkash Singh Badal and his son Sukhbir Badal on Wednesday, a move that is seen to have the Centre's concurrence. The Badals came to Delhi at the behest the Akal Takht, the temporal seat of the Sikhs that directed the Punjab government to stall Rajoana's hanging.

This will be the third high profile death sentence to be subject to political pressure. The assassins of ex-PM Rajiv Gandhi and Parliament attack convict Afzal Guru being the other two. The decision to put Rajoana's execution on hold will put in motion a fresh process as the petition is sent by the Rashtrapati Bhawan to the home ministry for its consideration and advice.

The home ministry in its letter to the Punjab home department has said that as per procedure regarding mercy in death sentence cases, the execution has been stayed till the order of the Supreme Court or the President (whichever is later). Although India's recent vote against Sri Lanka relates to foreign policy, it was also a case of the government failing to resist domestic political pressure brought to bear by Tamil Nadu parties, including its ally DMK.

The Centre's decision comes in the wake of unrest in parts of Punjab, J&K with clashes between Sikh and right-wing Hindu groups. While the Akalis backed the plea, Congress also has not vociferously opposed it, despite Beant Singh having been a party leader, who was credited with providing sterling leadership that helped end terrorism in Punjab.

A Rashtrapati Bhawan spokesperson said that the President had received Rajoana's clemency petition and sent to the union home ministry. "The President met the Punjab CM and took the petition. It has been sent to the home ministry for consideration," the official said. Rajoana is a Babbar Khalsa International terrorist convicted in the assassination of Beant Singh in 1995.

The petition moved by Sikh religious body SGPC and Delhi Gurudwara Prabandhak Committee forwarded by the Punjab CM to the President. Badal also met PM earlier in the day. Beant Singh had taken on Khalistani groups by steadfastly standing by former super-cop K P S Gill who was then director general of police in Punjab. Rajoana's co-conspirator Dilawar Singh, who was the human bomb, killed Beant Singh at the high security Punjab civil secretariat on August 31, 1995.

While jailed Jagtar Singh Hawara was the mastermind of the assassination, Rajoana was the second human bomb in case the first assassin failed to kill Beant Singh. The Punjab and Haryana High Court had in October, 2010, had upheld the death sentence for Rajoana, but changed the capital punishment given to Hawara to life imprisonment. Rajoana had refused to challenge the death sentence awarded to him.

Earlier Human Rights Watch had called for a halt to the execution describing hanging as "inhuman punishment." "The death penalty is always wrong and the Indian government should immediately stop this execution," said Meenakshi Ganguly, South Asia director of Human Rights Watch. "Beyond that, executing Rajoana would merely continue the cycle of distrust between members of the Sikh community and the Indian state that has long divided communities." Human Rights Watch opposes the death penalty in all circumstances as an inherently irreversible, inhumane punishment. "The Indian government has rightly not carried out executions for nearly a decade," Ganguly said. "It should now officially declare a moratorium, commute all existing death sentences, and then abolish the death penalty for all crimes," she added.

Source: http://timesofindia.indiatimes.com/india/Balwant-Singh-Rajoana-gets-a-reprieve-as-Centre-bows-to-Akali-pressure/articleshow/12447892.cms [accessed on 29th March 2012]

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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

Abolish Death Penalty India

Thursday, March 29, 2012

Balwant Singh Rajoana gets a reprieve as Centre bows to Akali pressure

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