Abolish Death Penalty India: Narendra Modi

Friday, February 6, 2015

PM Modi thanks Rajapaksa for releasing 5 fishermen who were awarded death sentence

Nov 26, 2014 18:37 IST PTI

Kathmandu: Prime Minister Narendra Modi on Wednesday held a bilateral meeting with Sri Lankan President Mahinda Rajapaksa during which he thanked him for pardoning and sending back five Indian fishermen, who were sentenced to death for alleged drug trafficking. During the meeting, which lasted for nearly 30 minutes, the two leaders discussed important bilateral and regional issues. This is the third meeting between the two leaders since Modi took over as Prime Minister in May.

Mahinda Rajapaksa and Narendra Modi (PTI)

Rajapaksa attended Modi's swearing-in after which they held a bilateral meeting. Later, the two met on the sidelines of the UN General Assembly in New York in September. Asked if Modi thanked him for the release of fishermen, Rajapaksa told PTI that,"I said we must thank Modi for his foreign policy, it (release of fishermen) happened due to that." "The relationship between India and Sri Lanka is very good," he said. Five Indian fishermen sentenced to death in Sri Lanka for alleged drug trafficking were released last week after President Rajapaksa pardoned them.

The fishermen were apprehended in November 2011 and sentenced to death by the Colombo High Court on October 30 for alleged drug trafficking. Rajapaksa commuted the death sentence after Prime Minister Modi had a telephonic conversation with him on the issue. The Sri Lankan leader also welcomed Modi's initiative to develop and launch a satellite dedicated to SAARC. During his address at the 18th SAARC Summit, Modi wished "good luck" to Rajapaksa for the January polls in Sri Lanka. Later, Modi also met Maldivian President Abdulla Yameen during which the two leaders discussed economic ties and maritime cooperation.

Source: http://www.firstpost.com/politics/pm-modi-thanks-rajapaksa-for-releasing-5-fishermen-who-were-awarded-death-sentence-1823163.html [last accessed 06.02.2015]

PM Narendra Modi Speaks to Sri Lankan President Over Death Penalty to Indian Fishermen

India | Edited by Mala Das | Updated: November 10, 2014 13:03 IST

Five Indian fishermen sentenced to death in Sri Lanka on charges of drug trafficking

NEW DELHI: Prime Minister Narendra Modi spoke to Sri Lankan President Mahinda Rajapaksa on Sunday over the death sentence handed out to five Indian fishermen which has sparked protests in their home state of Tamil Nadu. The five - Emerson, P Augustus, R Wilson, K Prasath and J Langlet - were sentenced to death by the Colombo High Court on October 30 on charges of drug trafficking.

"The talks were centred around the five Indian fishermen's issue but as of now I don't know any other details," Lankan Presidential Spokesperson Mohan Samaranayake told NDTV. Political parties in the state including MDMK - an ally of the ruling NDA at the Centre - have accused the Centre of doing little. In a letter to the Prime Minister, Chief Minister O Panneerselvam had raised apprehensions over whether the fishermen had received a fair trial. Alleging that the case against the fishermen was "fabricated", MDMK chief Vaiko had said that the PM should intervene strongly through diplomatic channels to secure the release of the convicted Indians.

The arrest of fishermen has long been an issue in Tamil Nadu. The sentence comes at a time when the state is demanding the return of Katchatheevu, an island India had gifted to Sri Lanka in the early 70s. Former Tamil Nadu Chief Minister J Jayalalithaa has filed a petition in the Supreme Court in this regard. Some headway was made on the arrests during the visit of President Rajapaksa in May for the swearing-in of PM Modi. A month later, Ms Jayalalithaa, who had boycotted the swearing-in to protest the invitation to Mr Rajapaksa, wrote to the Prime Minister, asking him to make the issue a priority. Mr Rajapaksa ordered the release of a few hundred fishermen arrested for trespass. But those accused of drug peddling were not allowed to go.

Source: http://www.ndtv.com/india-news/pm-narendra-modi-speaks-to-sri-lankan-president-over-death-penalty-to-indian-fishermen-691203 [last accessed 06.02.2015]

The Death Penalty Scenario in India

India is one of 193 countries that retains the death penalty. Some judges have delivered landmark verdicts upholding the rights of death row prisoners, while debates continue advocating abolition or reform of sentencing policies. The Indian government remains committed to retention, asserting executions occur only in “rarest of rare” cases. The death penalty applies to crimes including murder, kidnapping, terrorism, desertion, inducement to suicide of a minor or mentally-retarded person, and in certain cases of rape. Outrage over child rape and murder has intensified these discussions. After an unofficial eight-year moratorium, the government executed Ajmal Kasab (Mumbai attacks) in 2012 and Afzal Guru (Parliament attack) in 2013, both covertly and immediately after mercy petitions were rejected. Prior to this, Dhananjoy Chatterjee was executed in 2004 after 13 years on death row. Following these, many mercy petitions have been rejected, creating fear among death row convicts. Courts continue to hand down death sentences at an increasing rate. Empirical studies highlight the plight of death row prisoners. The India Exclusion Report 2017-18 found fair trial rights largely denied, with convicts often marginalized by caste, religion, poverty, and education. The Death Penalty Research Project (2015) documented socio-economic profiles and experiences of death row prisoners. Dr. Reena Mary George’s studies (2014, 2009) emphasized poverty, social exclusion, and dignity as central to death row experiences, and examined the human rights impact of the penalty. According to the National Crime Records Bureau 2015, 101 prisoners were on death row, with many sentences commuted to life. The “rarest of rare” doctrine introduced by the Supreme Court in the 1980s has not substantially limited death sentences, which have increased over the decades. Justice Joseph (2018) reaffirmed the Bachan Singh judgment but urged restriction of the death penalty to only those cases meeting its criteria. 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