Abolish Death Penalty India: Is capital punishment effective in bringing down crime rates?

Saturday, December 29, 2018

Is capital punishment effective in bringing down crime rates?

written by Narsi Benwal December 29, 2018

Mumbai: Even if the death sentence is legal and constitutionally valid, it is not the punishment for any crime. The history has proved how capital punishment has failed to be deterrent in the society as, despite convicts being hanged, crimes continue to take place in the society.

The debate on the abolition of death sentence has caught pace once again after the Bombay High Court, last week, confirmed the capital punishment of Chandrabhan Sanap, who had raped and killed Esther Anuhya, a software engineer. The judgment delivered by the bench of Justices Ranjit More and Bharati Dangre also refers to the observations of Justice Kurien Joseph of the Supreme Court, who sparked the latest debate on the death sentence. In a judgment, Justice Joseph delivered on his retirement day, he expressed the need of the hour to review the if death penalty as a punishment is necessary, especially its purpose and practice.’

The death sentence is vehemently opposed by advocate Navkiran Singh, a human rights lawyer, who thinks India will require at least one century for abolishing capital punishment. While speaking exclusively to The Free Press Journal, Singh said, “No punishment is deterrent to others as nobody cares. Why kill? Will hanging a person bring down the crime rates? The problem is we are not trying to find out the reasons as to why people are resorting to crime.” “We as a society are too good than that of western countries. At least our rehabilitation system still works. We do not have a large number of repeat offenders as compared to that of the western world. Still, we are continuing with this punishment whereas they (western countries) have abolished it,” said Singh, the general secretary of Lawyers for Human Rights International (LHRI).

The LHRI is a worldwide organisation fighting for human rights. It strongly demands the abolition of death punishment from India. According to Singh, Indians need to learn from Rahul and Priyanka Gandhi, who pardoned the killers of their father and former PM Rajiv Gandhi. “We live in a country where reactions are immediate. Ours is an immature democracy. We need to learn a lot from Rahul and Priyanka (Gandhi) how they pardoned killers of their father. I think making citizens understand this will take another century,” Singh added. “One has to look at the fact that even if death sentence is imposed on certain persons, will the crime rates come down? Take example of Delhi gang rape case wherein death has been pronounced and even confirmed by the top court. Still we can see rape cases being reported daily,” Singh said.

Justice (retd). P B Sawant of the Supreme Court, however, thinks death sentence must be given only in specific cases which leaves no room for any other punishment. “I believe death is the only punishment for serial killers, contract killers and so on. These are basically persons who do not think or hesitate even for a second before killing a human being. Such people deserve such a punishment,” Justice Sawant said. Justice Sawant further opined that in cases of gang rape or death after rape, death sentence is the only option. “Such offences need to be stopped and the same can be stopped only when most deterrent punishment is imposed on the wrong doers. Also, even if one accept the argument that there can be an alternative to death sentence, I do not think there can be a stern punishment than this,” said Justice Sawant, who had sent a serial killer to gallows in 1970s, when he was the judge of the Bombay High Court. “There is no other punishment as stern as death. Also, there is no point in letting such people live in the jails. Thus, death sentence cannot be totally abolished,” Justice Sawant said.

Source: https://www.freepressjournal.in/mumbai/is-capital-punishment-effective-in-bringing-down-crime-rates/1424515 (Accessed 29 December 2018)

No comments:

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

Saturday, December 29, 2018

Is capital punishment effective in bringing down crime rates?

No comments:

Post a Comment

Followers