Thursday, September 10, 2015

Dinesh Kamath's Editorial 'Why death penalty should be abolished' that was published in Newsband

Why death penalty should be abolished
According to the Law Commission of India, the abolition of the death penalty must become a goal for India. It wants the scrapping of the death penalty for all crimes except terrorism-related offences and those that amount to waging war against the state. It has sought a return to the notions of restorative and reformative justice. Thus the Commission has put the ball in Parliament’s court.
Death penalty is nothing but giving the guilty a very undeserved easy way out. Taking into consideration the theory of reformative, the death penalty serves no purpose rather than emancipating the perpetrator of the crime from all sufferings and penance. For the crimes such as rape, corruption, murder, the convict must be allowed to suffer in inhumane conditions for the certain period and must be given a chance to reform himself and to remorse for the heinous crimes.
Miscarriage of justice is one thing while abolition of death penalty is different perspective. The recommendation by the LCI indicates sympathy towards less heinous crime.
Death penalty is costly. It diverts resources from honest crime control measures. Crime fighting resources can be used more efficiently. An innocent person should not go to gallows due to the inadequacy of criminal justice system. Mistakes in the form of inadequate legal representation, prosecutorial delinquency, shoddy police investigations and misconduct, prejudice, and falsified evidence can contribute to wrongful convictions.
International Commission against death penalty has this to say:
1)    The risk of executing innocent people exists in any justice system. There have been and always will be cases of executions of innocent people. No matter how developed a justice system is, it will always remain susceptible to human failure. Unlike prison sentences, the death penalty is irreversible and irreparable.
2)    The arbitrary application of the death penalty can never be ruled out. The death penalty is often used in a disproportional manner against the poor, minorities and members of racial, ethnic, political and religious groups.
3)    The death penalty is incompatible with human rights and human dignity. The death penalty violates the right to life which happens to be the most basic of all human rights. It also violates the right not to be subjected to torture and other cruel, inhumane or degrading treatment or punishment. Furthermore, the death penalty undermines human dignity which is inherent to every human being.
4)    The death penalty does not deter crime effectively. The death penalty lacks the deterrent effect which is commonly referred to by its advocates. As recently stated by the General Assembly of the United Nations, “there is no conclusive evidence of the deterrent value of the death penalty” (UNGA Resolution 65/206). It is noteworthy that in many retentionist states, the effectiveness of the death penalty in order to prevent crime is being seriously questioned by a continuously increasing number of law enforcement professionals.
5)    Public opinion is not a major stumbling block for abolition. Public support for the death penalty does not necessarily mean that taking away the life of a human being by the state is right. There are undisputed historical precedences where gross human rights violations had had the support of a majority of the people, but which were condemned vigorously later on. It is the job of leading figures and politicians to underline the incompatibility of capital punishment with human rights and human dignity.

It needs to be pointed out that public support for the death penalty is inextricably linked to the desire of the people to be free from crime. However, there exist more effective ways to prevent crime.

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