This website uses IntenseDebate comments, but they are not currently loaded because either your browser doesn't support JavaScript, or they didn't load fast enough.

Prats
wrote on October 30th, 2009
forgiveness is never easy … rarely for death of the loved one … but i would really prefer the multiple life sentences if not the capital punishment

Reply

Rahul Sarin
wrote on October 31st, 2009
I've found this subject to be the trickiest of problems the society faces. On one hand, you have people who rape and murder and on the other you have the objective of reforming them. Locking them up in prisons where they just vacation on the taxpayers' money seems kind of ridiculous to me. Finishing them off seems too cruel. What I know is that our current justice system is slow, incompetent and basically useless. I know the judges are overworked, I know that argument… but that argument is now old. It's time we found a solution to that. While Raj Thackeray roams free for all the violence he instigates, a labourer is conveniently thrown in jail for sleeping on the street. People don't report rapes, thefts because they know the police and judges are hand-in-glove with the criminals. Capital Punishment can wait. We need to cleanse the system first.

Reply

Silhouette
wrote on November 4th, 2009
You can't compare the system of administration of justice prevailing in America and Europe with India for the simple reason that they are developed countries. Our population is much higher than them, and our budgets low. We don't have the money to keep offenders behind bars for 40 to 50 years at a time.
Rahul's observation is right to the extent that the system needs to change. But tell me, where the population is illiterate and near the poverty line (most accused are), what do we do with a sophisticated system? We already have a complicated constitutional setup and political system. The 'aam janta' doesn't understand all this. They want 'insaaf'. So what we need is a system that is simple, straightforward.
The law states that capital punishment is to be given for henious crimes, calculated murders, and in cases of mutilation, etc. These criteria are obscure and there are many cases where violent offenders are not given the capital punishment.
Varun's article depicts what we all want, but 'we' (idealistic people like us) are a very small proportion as compared to the total Indian population.
What we need is a definite criterion for giving the capital punishment – a proper system of classification of crimes that will fall under the capital punishment and nothing less. Introducing an amendment in the Parliament is futile as the politicians are already so busy doing we all know what. So the best way is to hang around to the judges and wait for something substantial to happen like it did in 1993.

Reply

Sophia
wrote on November 6th, 2009
We are civilized people and their are certain rules made by us and our society. And we try to judge them by the set of rules we have made.
Since we cant create a life (we can save a life or we can give birth to a life) but we cant create a life and so we don’t have the right to end the life. I too feel that the sentence of death should be given to rarest of the rare cases or those who doesnt treat others as human.
The sentence of death should be given and is the only punishment for the rapists or serial killer as they try to control other human and play with them.
I feel behind a murder their is everytime a reason. The reason could be right or wrong and I agree that it is not the right way of solving one thing and so we should punish them – the live time imprisonment and give them the chance to correct themselves.
and if we compare it with US, they do not call it prison, they call it the Correctional Facility as they try to correct them.
Very nice thoguhts Varun. I really like ur thoughts.. “The right path” is one of the best blogs u have written…

Reply

Varun Vasisht
wrote on November 6th, 2009
@Sophia – Thank You.I'm glad you enjoy my writing. The ideal punishment should be reformative in nature . Capital Punishment is useless from this point of view. The only reason that comes to my mind with regards to Capital punishment is that in some cases the crime is so heinous that the society just can't tolerate the accused's existence – I mean the Nithari accused would inspire such feelings . It's here we can take a cue from US judicial system and introduce juries composed of prominent citizens which can assist the court in such ' rarest of rare cases ' .
@Silhouette – Development has nothing to do with justice .Some of the worst crimes have been committed in these countries . Germany was a developed country but that didn't prevent the Holocaust . As for their systems , American prisons are infamous for violence worldwide . Prison gangs are formed on lines of race and prison violence is second nature .We should learn from their shortcomings and bring the requisite changes in our judicial system .
A poor man deserves as much sympathy as an educated affluent person . We can't treat people living below poverty line as cattle . We need this 'sophisticated system' because every citizen should be confident that the judicial system will not disappoint him . We,as people who are aware should instead put in more effort .

Reply

Silhouette
wrote on November 11th, 2009
Varun, Development is deeply related to justice. The most henious of crimes are committed in the third world countries and the developing nations. The German Holocaust, American offenders being infamous for violence as quoted by you is an undeniable fact. But they are atleast reported. Most of the crimes in India are not even reported, and we have a law and order system that is thousand times better and much more organised (no pun intended) than Tanzania, Columbia, Ethopia, the Soviet Union etc. Imagine their plight.
Nothing can be said as a matter of fact when we are talking at a global scale. Only comparisons can be drawn, and those too are not accurate. But the point that I am trying to make here is in terms of development. Development is deeply related to justice. Ancient mythological principles talk of 'an eye for an eye'. Its justice for some.. Cruelty for others. As times changed and the Britishers came who were much more 'developed' in their ideas – came the codification of law. The result – a Penal Code.
As our population became aware of the world around us – how it was developing – we struggled for our own independence. The Penal Code was different then from what it is now. As the society develops, the laws adapt so as to be better suited to the changing needs of the developing society. Sati was justified then, it's murder now.
The terms Justice, Equality, Liberty, even Development – they have different shades and interpretations. What we need is a simple system. Define what our idea of justice is – and stick to it. We have a fair law of Capital Punishment because (whether you agree or not) we can't afford to let a certain category of criminals live. Thus, the Capital Punishment.
'Correctional Facility' is a nice sounding name for a jail. The facilities they provide in American jails, such as libraries, gymnasiums, etc. are because they have 1. the budget and 2. appropriation of the government fund into the purpose for which it is allocated. But the quality of human life that goes there is the same as here.

Reply