ABOUT THE RELEVANCE OF CAPITAL PUNISHMENT IN THE MODERN TIMES

While witnessing a hot debate on the hot topic of Capital Punishment participated by celebrities from various walks of life on a national TV channel about one or two months back in the back drop of the hanging of Ajmal Kasab, one of the ten assassins who alone was caught alive by the security personnel in connection with the 26/11 massacre in Mumbai there were divergent opinions from the participants for and against awarding of Capital Punishment. The subject of debate itself was – whether Capital Punishment be abolished or not. While a few vigorously advocated for the practice of Capital Punishment to stay, a few others strongly argued that capital punishment be done away with once and for all from the statute book. Even certain Congress leaders like former Minister, seasoned diplomat and Rajya Sabha MP Mr. Mani Sankar Iyer spoke against the barbarian practice of capital punishment and he took the opportunity to point out the fact that around 150 nations across the world have already done away with the practice of capital punishment deeming it as a despicable and deplorable practice in modern times. More and more nations are mulling the pros and cons of withdrawing capital punishment from their statue books in the changed circumstances, he noted.

While human rights activists and a few politicians vehemently opposed the application of this uncivilized barbarian practice of taking away a convict’s life and instead argued for commuting the death sentence to life-long imprisonment depending upon the intensity of the crime he or she is charged with.

It was something unbearable and intolerable for a few who vigorously demanded that the practice of capital punishment should stay in our constitution. A lady who is the leader of rightwing Bharatiya Janata Party, who is incidentally a Supreme Court lawyer, insisted for the perpetuation of death sentence in true letter and spirit. In this connection she didn’t hesitate to point out that USA which is the most developed and civilized country in the world still maintains the practice of awarding death sentences to the convicts.

Ina sharp rejoineder one of the participants in a mocking tome contested the lady’s contention that the most developed country in the world that is USA is still an uncivilized nation. He charged US with bombarding to death millions and millions of innocent people and pointed out instances like Vietnam, Afghanistan, Iraq etc. The lady didn’t have any weapon in her arsenal to take on him, she stuck to her stand that death penalty should not be taken away from our statute book. The name of Afzal Guru who has since been hanged came up during the debate and there was a ‘big fight’ for and against Afzal Guru’s death penalty. Afzal Guru, the alleged conspirator in December 13, 2001 Parliament attack has since been led to his gallows after the President rejected his mercy plea. Those who argued for commuting his death sentence citing benefit of doubt recalled that he was allegedly not given an efficient legal representation. Be that as it may, the man is no more, but the relevant question of whether the death penalty be abolished or not in our country.

Former President of India Mrs Prathibha Patil was learnt to have commuted 35 death sentences to life-imprisonment . She didn’t reject any mercy petition that came her way while enconsced in the chair of President of India. For her kind gesture towards the convicts I think she will be remembered with respect by the ones who escaped gallows.   Her term is already over and new person has taken charge and he has within a span of three months rejected the mercy petitions of two convicts and both sent to gallows in utter secrecy by the govt of India, it is alleged.  Afzal  Guru who hailed from Kashmir was not  even given a last minute opportunity to meet his wife Tabassum and their two children by the govt of India, it is reported by the media.. And there was no claimant from Pakistan for the last remains of Ajmal Kasab whose funeral was held in the Yerwada jail premises where was led to his gallows.

On asking why Afzal Guru’s body was buried in the jail premises in utter secrecy, Home Minister Sushil Kumar Shinde reportedly responded to the media that the govt apprehended threats to the law and order situation in Kashmir valley. Anyhow the gentleman’s Ministry had the generosity to intimate the matter to his family through speed post which his family received after everything was over.

It is high time we deeply pondered over the relevance of death penalty in our country in the first half of 21^st century, the country which gave birth to Shri Buddha, Vivekananda and Mahatma Gandhi.