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Capital Punishment Should be Abolished

(In this section we discuss contemporary issues from every walk of life)

This write-up is based on a Group Discussion conducted by the edit team of Advanc'edge MBA. Though written as an article, it weaves in various perspectives that people hold on the topic.

"The State should not punish with vengeance"

- Emperor Ashoka

If we all agreed with this view expressed by Ashoka the Great, there wouldn't be much storm over the issue of capital punishment. But civil society has divergent views on this issue. While one section advocates the death sentence, the other section wants it to be abolished. Globally, there is a persistent war of words between retentionists and abolitionists of capital punishment. So far, eighty-eight countries and territories have abolished the death penalty for all crimes. Eleven countries have abolished the death penalty for all but exceptional crimes such as wartime crimes. Thirty other countries have not used it for at least ten years. Sixty-eight countries and territories, however, retain and use the death penalty. Let us delve deep into the topic with a comprehensive logical discussion:

Capital Punishment Discourages Violent Crimes

Retributive justice (i.e., justice based on the principle of "an eye for an eye") is the only answer to heinous crimes like murder and rape. The argument is that people who commit ghastly acts of crime ought to be punished in this manner. In India too, the debate goes on. The death sentence is generally given for the 'rarest of rare cases' and it is for the courts to decide what falls under this category. Recently, three convicts have been awarded the death sentence. Mohamad Afzal Guru is a terrorist, accused in the Parliament attack case while Santosh Kumar Singh is an accused in the rape and murder of Priyadarshini Matto, a Delhi University Law Faculty student. The third convict, Umesh Reddy, was a constable in the Karnataka police force and had raped and killed 20 women. Hence, justice has been done to all the victims by awarding the death penalty to the guilty. These death sentences are exemplary and would act as a deterrent to people who are prone to commit such crimes. Consequently, the crime rate is bound to come down.

Capital Punishment is Not a Deterrent

The vociferous opposition to the abolition of the death penalty stems from the notion that it will lead to an increase in the number of murders. The deterrent theory has often been used to justify harsh punishments. Facts and figures show otherwise. In Canada, after the abolition of the death penalty in 1976, the homicide rate declined. A survey released in September 2000 by The New York Times found that, during the last 20 years, the homicide rate in states with the death penalty has been 48 to 101 per cent higher than in those that did not allow capital punishment. A survey conducted by the United Nations in 1988 concluded that research had failed to provide any evidence that executions acted as a greater deterrent than life imprisonment. In India, despite capital punishment, there hasn't been any perceptible decline in the crime rate.

Is it a Civilised Society at all?

The rudiments of a civilised society are love, compassion and kindness. Every religion in the world preaches these values. The death penalty, however, ignores them. It reinforces the belief that it is all right to take another person's life - ironically, the same reason for which the person was convicted in the first place.

The retentionists would say that we are not living in a 'civilised society' as heinous crimes like murder, rape, arson, etc. take place so often. We are trying to make it civilised by driving out the monstrous elements from society with stringent measures. A person who rapes a minor or hacks somebody to death cannot be a part of civilised society. Hence, the premise on which a civilised society operates does not apply to a murderer or a rapist.

Moreover, people who plot and kill hundreds of people do not deserve any mercy. If they are kept in prison for life, we leave room for another Kandahar like incident - terrorist outfits had hijacked an aeroplane to get three notorious terrorists released from an Indian jail. Later, these very terrorists were instrumental in plotting some major terror attacks.

Death Penalty Virtually Liberates the Culprits

The death penalty is a blessing in disguise for the convict. It liberates that person from the perennial pain of being imprisoned for life. At the same time, it makes the convict a 'martyr'. While the victims or their families suffer prolonged physical and emotional pain or social stigma, the convict is rid of such pain within three seconds at the gallows. In 2004, one Dhananjay Chatterjee was hanged to death for raping and murdering a schoolgirl in 1990. His friends, family and some activists had petitioned the President asking for the death penalty to be converted to life imprisonment. Before his hanging, he was virtually viewed as a 'martyr' thanks to the media. However, if the same person had languished in jail, he would have paid for his crime.

Abolitionists argue that in certain cases, like that of Afzal Guru, the death penalty is a risky proposition as it may fuel passions in Kashmir Valley where he will be seen as a martyr. Some political leaders of Kashmir have supported this argument, overlooking the fact that his action had led to the loss of innocent lives.

Nurturing Criminals in Prison

Another argument against the death penalty is that hardened criminals can be reformed through love and compassion. Also, the death penalty may result in acts of retaliation by the convict's associates. The state, many feel, should not be built on a foundation of retribution. Others say that hardened criminals and terrorists cannot be reformed and they deserve to die.

Rich-poor Dichotomy and Racial Divide

Another unsavoury truth is that in India it is easier for the rich to get away with murder by wielding their strength through money and political connections, whereas the poor do not have recourse to such means. Dhananjoy Chatterjee, being poor, could not appeal to the higher courts but Santosh Singh, the son of a police officer, can appeal in the Supreme Court against the death penalty granted to him recently. In the US, most of the criminals who get death penalty are black people, indicating racial prejudice.

Conclusion

This is a debate that can be unending. A section of the intelligentsia believes that in the case of organised crime, the death sentence should be retained. Individual crime is most often committed in a frenzy. Such criminals do not deserve the worst form of punishment and he/she can be reformed through psychological counselling and spiritual teachings. Amnesty International, the UN body, is trying hard to convince all countries of the world to abolish the death penalty. Most European countries, in fact, have abolished it. However, countries like the US, India and other Arabian countries are yet to do that. The Union Home Minister of India, Shivraj Patil, while responding to a Bill moved by a CPI member, said that there was nothing wrong in retaining the death penalty. Its use depends on the nature of the crime and crime against the nation or against women and children. This, then, is the official Indian position on the death penalty. In a country fraught with internal disturbances and external threats, the issue of abolishing capital punishment will require a great deal of careful thought.

What is Capital Punishment?

Capital punishment is the execution of an offender sentenced to death after conviction by a court of law of a criminal offense. Capital punishment is mostly meted out for crimes like murder, treason, rape, arson, etc.