The ancient Tamil sage Thiruvalluvar has
said, “The action of the King in severely punishing the criminals, who have
committed heinous crimes like murder, is like a farmer removes the weeds for
protecting the food crops.” (Thirukkural 550)
Are Punishments Necessary?
Crimes are reprehensible because they work against
the fundamental principles of human co-existence. They weaken and even threaten
to demolish the social structure. They repudiate the individual’s normal rights
of peaceful living and cause undue suffering or even death. They become all the
more repulsive when they are perpetrated deliberately in organized manner.
Still worse is when the criminals are directly or indirectly supported by the
very same persons who are duty bound to prevent them. It becomes exasperating
beyond limits when the victims are made to suffer and the criminals go
scot-free. In India, the situation has become exasperating; and is going
terribly and irremediably awry.
Reforms are needed in all the areas relevant to
criminal justice. While urgent, serious and sincere action is needed to improve
the system, it has become a fashion to talk about softening towards the
criminals in general, and doing away with death penalty in particular.
There cannot be two opinions about the need for
proper investigation. The accused should not be humiliated or presumed to be
guilty till their guilt is proved. The sadistic treatment of any person is not
correct. Extenuating circumstances if any should be properly considered. While
I concede all these, award of punishments play a vital role in ensuring good
behavior in the society and preventing trouble.
In the administration of criminal justice,
punishments are imposed not as a
matter of revenge. It has nothing to do with the principle of ‘eye for an eye’.
Gandhi is quoted often, irrelevantly of course, that
if the principle of eye for an eye is followed the entire world would become
blind. Maybe it is true. But what has prevented the entire world from becoming
blind is the fear and possibility that the principle of eye for an eye might be
followed. In the absence of that fear, the world will have two sets of people;
those, who enjoy gouging the others’ eyes out; and those who were blinded by
them.
If a court imposes a punishment, including the death
penalty, on a convict, it is not at all revenge; it is a professional, judicial,
impartial, administrative measure taken in the larger interests of the society
and to deter others from committing crimes.
The ancient Tamil sage Thiruvalluvar has said, “The
action of the King in severely punishing the criminals, who have committed
heinous crimes like murder, is like a farmer removes the weeds for protecting
the food crops.” (Thirukkural 550)
Can
We Afford to be Criminal friendly Beyond a Point?
A good government should take care of its
law-abiding citizens first. For this, the criminals should be sternly dealt
with.
The existing situation in India is just the
contrary. Here the law-abiding citizens have to be on the back foot, while
criminals usually have nothing to fear about.
Crimes are always increasing. Their number goes up
everywhere; they are becoming more and more cruel and well-planned; the
perpetrators are becoming richer and bolder; their roles are growing
significant in all walks of life, mainly in politics and business. Any effort
to reduce the criminals’ influence is met with stiff opposition by united political
class. They don’t normally unite for any national cause with such spontaneity.
‘Minor girl gang-raped by village youth, burnt alive
in UP.’1
‘Hyderabad techie gang-raped by cab drivers in
luxury car.’2
‘Another minor girl gang-raped in moving car in
Delhi.’3
Such heinous crimes occur with sickening frequency
and alarming ease. They just get converted into uninteresting statistics. If at
all, there would be some excitement for a few days and the men in power know
very well that left to themselves they would die natural death.
At the same time, when the criminal politicians’
interests are involved, things move very efficiently and the ordinance path is
taken! For how long the people of India are going to be taken for a ride by the
politicians, for whom bad governance is a matter of their birth-right?
The pertinent question is why the entire system is
not taken up for a serious review and reform at national level? Why remedial
measures are not ushered in with the urgency the subject deserves?
Are
Punishments Irrelevant?
A report on the
Delhi crime begins with an observation: “Death
penalty to four convicts in the December 16 gang rape case has failed to act as
a deterrent as rapes continue to haunt the national capital.”
Interestingly an
argument against the death penalty is that it has not been proven that death
penalty can reduce the crime rate.
Don't ever say that death
penalty has failed to prevent crimes. Say that the penalties are not quick enough, inclusive enough to
prevent crimes.
People know that only in one
out of a million cases deserving death penalty, it is actually implemented. In
many cases, it takes more than a decade to finish a case; and imposing a
punishment stands disconnected with the crime in the minds of the people. How
can anyone evaluate its relevance and effectiveness?
If organized crimes are exponentially
increasing in number, there are several reasons. Some of them are:
Bad
governance
Political
interference
Money
power of criminals
Apathy
in investigation and prosecution
Inordinate
delay in delivery of justice
Inadequate
punishments
Flaws
in prison administration
Misguided
and mischievous propaganda of pseudo-human rights activists and pseudo
humanitarian organizations
Cut-throat
and profit-minded media, especially the visual media
Punishments duly implemented
would definitely have a deterrent effect; only that can deter the people. But
many people deliberately turn a blind eye to the real reasons and instead try
to neutralize the system of punishment.
The legal system and
criminal procedure are supportive of the criminals. Most of the human rights
persons or men in power do not bother about the rights of the law-abiding
persons and victims. In how many cases the criminals have come out in bail only
to commit crimes?
The failure to impose
reasonable punishments makes the affected people lose faith in government. In
many cases they opt for settling the scores by themselves. Local gang-leaders
and hired guns get good business and establish themselves with the help of
dishonest politicians and officials. This leads to organized crimes in the
society.
The
truth is that the seriousness that should be attached to prevention of crimes
in a civilized nation is not at all there in India. The people in power should
be ashamed of the statistics on the subject; but they are busy with their
personal agendas! Administration has become a plaything in their hands.
Aim at Zero Level
Only after umpteen filtering
systems that allow criminals to escape by different routes, after becoming
convinced about its justification, death penalty is imposed. After that there
are so many chances to escape; and now you should find out if the criminal has
any chance of getting reformed! Any hard-core criminal, who has absolutely no
intention of reforming at all, can argue that he has a chance of reforming.
This would virtually eliminate fear in the minds of criminals; and would also
encourage them to expand their nefarious activities.
Why should you want to try
the impossible task of reforming the hardened criminals, who has already
seriously harmed or even killed law-abiding citizen(s), again at the cost of
innocent members of the society? Who gave such a right to the men who happen to
be in power?
There is a maxim that says,
“Aim at the sky, if you want to shoot the bird sitting on the tree.” Here the persons in power cheat the people by
shamelessly talking things like about percentage of detection! And here a ‘youth’ leader says that it would take 20
years to eliminate corruption in India!
The truth is that the
seriousness that should be attached to prevention of crimes in a civilized
nation is not at all there in India. The people in power should be ashamed of
the statistics on the subject; but they are busy with their personal agendas!
Administration has become a plaything in their hands.
The people are entitled to
zero level crime and zero level corruption. If there is enough political will,
it is not impossible.
References
1.
http://indiatoday.intoday.in/story/rape-gangrape-up-rape-uttar-pradesh-minor-gangraped-in-up/1/319682.html
2. http://indiatoday.intoday.in/story/drivers-rape-techie-in-hyderabad-arrested/1/319635.html
3. http://in.news.yahoo.com/another-minor-girl-gang--raped-in-delhi-043521203.html