Showing posts with label death row prisoners. Show all posts
Showing posts with label death row prisoners. Show all posts

Friday, February 6, 2015

Walking dead too long


Bangalore Mirror Bureau | Sep 4, 2014, 10.33 PM IST By:Somasekhar Sundaresan Lengthy process of implementing death sentence doesn't function as retribution or deterrence
Renukabai Shinde - Death row convict, Maharashtra The Supreme Court has ruled that it would start a new tradition of hearing in open court, petitions seeking review of judgments confirming the death penalty. Otherwise, all review petitions are considered by the judges in chamber without another hearing. This decision, yet again underlines the sensitivity in our highest judiciary to the infliction of death by man on man. The futility of capital punishment has often found mention in this column. More recently, rulings of the Supreme Court on the unacceptable length of time between the imposition of a death sentence and execution were lauded - the court has consistently ruled that even a convict sentenced to death enjoys the constitutional protection of the right to life until the last breath. The Supreme Court has documented, with examples, how convicts on death row have gone insane or physically infirm, just waiting to know if they would be put to death or pardoned. Of late, undertrials accused of gruesome crimes that are widely reported in the media have been found dead in prison under mysterious circumstances - typically explained away as suicide, they are recipients of lawless justice meted out the honour code among prison inmates. Expectedly, hardliners rail against such considerations. If a criminal can kill with impunity, they would argue, there should be no reason to spare her from any form of indignity. They would accuse defense lawyers of frustrating execution. A typical line one hears is that it is only in India one experiences delays in execution and the system is broken. The United States of America is often extolled for perceived speed in punishment and the allegedly consequential fear of law in the American society. Nothing could be farther from the truth as is underlined in a judgment handed down just six weeks ago by a Californian court. Striking down a death sentence handed down in 1995 to a rape and murder convict, the court has held the death penalty system in California to be violative of the constitutional protection against imposition of cruel and arbitrary punishment. The court found that since 1978 (when California introduced a new law on capital punishment), over 900 individuals were sentenced to death there. Only 13 have been executed, 63 died of natural causes, 22 committed suicide, and the rest still languish in prison. Indeed, some prison inmates have died of "drug overdose" or "violence in the exercise yard". The review and appeal of a death sentence takes more than 25 years in California. The national average in the US, at over 15 years, is not spectacularly better. Only 17 out of the 748 Californian convicts with a death sentence have had their appellate and review processes run its full course. Since 2006, no execution has taken place. Over 20 per cent of the death row convicts have crossed the age of 60 in prison. The random few who do get executed would have languished for so long that their execution would serve neither the purpose of retribution nor deterrence, the court has observed. "Indeed, the law, and common sense itself, have long recognized, the judgment reasons, "that the deterrent effect of any punishment is contingent upon the certainty and timeliness of its imposition." These observations could well have been about India. Despite the paraphernalia of safeguards, the administration of the death sentence is as damaged in the US as it is in India. The blind faith Indian hardliners have in the US justice system is therefore neither backed by facts nor shared by her constitutional courts. In fact, access to justice is so expensive in the US that even the innocent are incentivized to strike "plea bargains" rather than fight to clear their reputation, relieving prosecutors from having to stand the test of scrutiny. The super-rich settle to save super-expensive litigation costs. The impoverished end up in jail. The quality of legal representation they then get is proportionate to their financial strength, rather than strength of their merits. Our Supreme Court's latest decision on a public review of death sentences is therefore understandable - one has to be truly cautious about consigning any human into the living hell that the death sentence represents. source: http://www.bangaloremirror.com/columns/views/Walking-dead-too-long/articleshow/41721165.cms [last accessed 06.02.2015]

The sons of a woman on death row


Written by Mayura Janwalkar | Pune | Posted: September 1, 2014 12:39 am On a cloudy day in a quiet neighbourhood on Pune’s outskirts, a young man in a puffy jacket and sunglasses rode a red motorcycle on the mushy road leading to his 1BHK rented house. As the 25-year-old, slightly built and shy, dismounted and removed his dark glasses, his three younger stepbrothers waiting inside greeted him. In a house with little furniture except a plastic chair and a table to place a television set, he leant against the wall while the younger ones sat on the floor. “The three of them remember nothing about our mother’s past. They were too young,” he said. Pointing at his youngest brother who is in class IX, he said, “He was only six months old when Mummy was taken to jail. I had to be their mother and father both.” The three younger brothers visit their mother Renuka Shinde and aunt Seema Gavit at Yerwada central prison for 30 minutes every fortnight. A recent change in prison rules, however, no longer permits their elder brother to visit her as his surname doesn’t match. “I have not been able to visit her for seven or eight months,” said the eldest, born of Renuka’s first marriage. The boys know their mother and aunt have been handed the death sentence and that the President has turned down their mercy petition. The half-sisters, set to be the first women to be hanged in the country, have since moved Bombay High Court for commutation citing an inordinate delay in deciding their mercy plea, and the government has told the court that it will not execute them until the matter is disposed of. “I was about 10 years old when we were sent to a children’s remand home in Kolhapur and Mummy, Mavshi (aunt) and Aaji (grandmother) were arrested. That is where we were raised,” said the eldest son.. Renuka and Seema were arrested on November 19, 1996. Along with their mother Anjanabai, since deceased, they were accused of kidnapping 13 children between 1990 and 1996 from various places in Maharashtra, using them to gain sympathy after committing thefts, and later killing many of them. Of nine murders, the sisters and their mother were convicted of five. “I have memories of my mother and my aunt. We all lived together when I was young,” the eldest said. “I am the only one who has read the chargesheet. It’s hard to believe that my mother and aunt could be held guilty of such crimes.” Renuka married Kiran Shinde, her second husband, in 1989. Kiran, who allegedly drove vehicles in which the children were kidnapped, turned approver against the sisters but proceedings against him, too, are pending in Bombay High Court. The boys keep no contact with him. “He never came to visit us at the remand home or anytime after that,” says the second eldest, 22. “A police officer once told me that he lived in Hadapsar. But Hadapsar is such a big town, how were we going to locate him?” While still in a children’s home in Kolhapur, the boys were taken to prison to visit their mother. In 2000, they were moved to a children’s home in Pune’s Shivaji Nagar, which the elder three left after turning 18, followed by the eldest taking custody of the youngest. The eldest brother hopes to graduate in commerce this year through a distance learning course in University of Pune. His marketing job helps cover his rent of Rs 3,500 with scope for savings. His second and third brothers, who studied up to classes IX and X respectively, work as office boys in a builder’s office and live in a one-room-kitchen flat a short distance from their brother’s. “My two elder brothers don’t get along very well. That’s why we live separately,” said the third son, 18. His cellphone started ringing to the tune of Marc Anthony’s Let rain over me. “It’s some English song. I don’t know which one but I like it,” he said. “Our elder brother is very strict,” the second brother said. “He puts all our money in the bank and leaves nothing for us to spend. Whenever I visit Mummy in the jail, I complain to her; she tells me not to fight with him. She worries about all of us. Every time we visit her, she breaks down. My aunt doesn’t talk much.” “My aunt is only seven or eight years older than I am. When all of that happened, I am not sure she even knew what she was doing. She was too young,” said the eldest brother. The second brother added, “Some lawyers had asked us to go to her school in Kothrud and try to get her school-leaving certificate to prove her age but we did not know how to get it.” The brothers rarely step out of Pune and have few friends. “Not too many people ask us about our family. But when they do, we say our mother lives in our village in Kolhapur. Nobody knows she has been in jail so many years,” the third brother said. They had all learnt to cook at the children’s home. “My youngest brother makes the best chapatis and I cook brinjal the best,” said the third. The eldest believes that in a children’s home it is very easy to go down the wrong road, though he adds, “It is entirely upon you. It is what you decide to make of your life. That is why I got my brothers out of there. Now things are all right but if we had our mother to raise us, things would have been different.” He has no elders to find him a bride but he does not believe in arranged marriages. “To register your name and find someone else who has registered is not how marriages should be. I want a partner whom I can tell everything about me and would expect the same from her. I am in no hurry. I leave it to destiny.” Source: http://indianexpress.com/article/india/maharashtra/the-sons-of-a-woman-on-death-row/ [last accessed 06.02.2015]