With only three days left for his execution, Balwant Singh Rajoana has got a temporary reprieve — ironically against his own steely determination to go to the gallows. Rajoana admitted his part in the suicide bombing of Punjab Chief Minister Beant Singh, rejected counsel, refused to cross-examine witnesses, and accepted the death penalty, arguing that he would not ask for mercy from a government that called him a terrorist but was unconscionably insensitive towards the victims of state-sponsored communal pogroms. Rajoana's stand cannot take away from the enormity of his crime, for which he has been duly and correctly convicted by a court of law. Yet, he must live if only for the state to demolish his belief that it is a “monster” ready to turn on its own people. Abolitionists around the world argue against the death penalty mainly for two reasons: it has not been proved to be a deterrent and a flawed judicial process can wrongly, and irrevocably, send a person to his death. But over and above these reasoned considerations is the sheer barbarity of taking a human life even under the due process of law. Besides, there is no humane way of executing the death sentence. Death by hanging — the preferred method in India — is unspeakably cruel.
The pain and anxiety of the death-row prisoner going to the gallows — “cutting a life short when it is in full tide” — was brilliantly captured by George Orwell in his searing 1931 essay, ‘A Hanging'. Eighty years on, India is still to abolish capital punishment even as 96 countries around the world have done away with the practice with another 34 countries observing unofficial moratoria on executions. In India, a curious pattern has emerged lately. Courts are increasingly imposing the death penalty on convicts even as pending executions are put off to avert untoward political and social consequences. Just months ago, the Tamil Nadu Assembly made a plea for presidential clemency for the three death-row convicts in the Rajiv Gandhi assassination case. Sonia Gandhi and Priyanka Vadra showed extraordinary strength of character when they pleaded for the commutation of the death sentence awarded to Nalini. Punjab under Parkash Singh Badal observed a violent bandh in response to the news that Rajoana was to be hanged — the pressure forced the Centre to stay the execution. Unfortunately, these collective pressures and the uneven response they generate have added yet another element of arbitrariness to the entire process. It has been The Hindu's consistent stand that we must do away with capital punishment. Mahatma Gandhi's India cannot afford to lag behind other countries in embracing this progressive step.
Keywords: Balwant Singh Rajoana, Punjab Chief Minister Beant Singh, suicide bombing, Rajoana hanging, Supreme Court, Rajiv Gandhi assassination case
It is the mockery of the judicial system of our country. How can our government put on hold the capital punishment of a person who has been convicted and sentenced to death by supreme court and even, the president has rejected his mercy plea? It has become a trend in our country to put off the execution of capital punishment of the criminal to gain political mileage over it. Recent examples are of Rajoana case of Punjab, resolution passed by TN government for accused of Rajiv gandhi case or Afzal Guru case. Our Judiciary has three layers (session court, High Court & supreme court) to ensure true justice. After that, in case of capital punishment, mercy plea can be sent to the President. If it is rejected there, then only a person can be given capital punishment. Recent incidents are the hoax of all these constitution steps. It will send wrong message to illicit people who want to spread terrorism in our country.
It is the mockery of judicial system of our country.How can our government put on hold the capital punishment of a person who has been convicted and sentenced to death by supreme court and even, the president has rejected his mercy plea? It is becoming trend in our country by political parties to put off the execution of capital punishment of the criminal to gain political mileage over it.Recent examples are of Rajoana case of punjab and resolution passed by TN government for accused of Rajiv gandhi case. Our Judiciary has three layers(session court,High Court & supreme court) to ensure true justice. After that, in case of capital punishment, mercy plea can be sent to the President.If it is rejected there then only a person can be given capital punishment. Recent incidents are the hoax of all these constitution steps. It will send wrong message to illicit people who want to spread terrorism in our country.
Before arguing for pardon or death sentence one has to consider the kind of act for which death sentence has been awarded. In case of rajoana , he is a plitical prisoner covicted for killing punjab chief minister of punjab. He is not a rapist , smuggler , dacoit or any other anti social element . If the judge was so convinced about the act he commited to be awarded death sentence ..then i think he should also be ready with explanation why the person like rajoana took this extreame step of killing. Had the system been impartial and would have been given punishment to those peoples responsible for 1984 sihk riots , there would not have been any rajoana.And its a clear signal to the government if the state fails to do his duty somebody else will have to ..irrespective of the means adopted.
I totally see a different perspective of Balwant singh thinks of himself, he feels whatever he has done is Heroic just like Bhagath Singh. His action cost lives of 17 innocent people who are no where near to his personal grudge with Beant Singh.
sir,I have been advocating time on many occasions for the abolition of capital punishment even for the very serious murder cases;the best way is to abolish this and institute instead a life sentence prison life to enable the criminal to realise his the horror of his crime and improve.
Hanging is barbaric. Doesn't matter if the convict had been barbaric. Life term should be increased to prison for entire life for unpardonable crimes. Now, please, don't repeat the reason 'wasting tax payer's money' ad nauseam. You are already electing criminals to the parliament, who have done worser things than these one-time criminals.
Capital punishment, the death penalty, death sentence, or execution is a legal process whereby a person is put to death by the state as a punishment for a crime. Crimes that can result in a death penalty are known as capital crimes.Capital punishment has in the past been practised by most societies , currently only 58 nations actively practice it, and 97 countries have abolished it...but in india i think here is need of death penalty...we want crue lows for criminal.
I believe it is high time that we be honest to ourselves, the penalty
of death did not originate out of vacuum. Society faces a grave danger
if it does not offer different aspects of securities to its citizens
and when someone violates these thresholds that society can not afford
to go through it again; it had to be made clear that what its
consequences could be. despite being familiar with the consequences
not just to the people they harm but also to themselves, criminals
chose to deny the law. they should not be endowed privileges and made
heroes. not to mention the grievances this causes to the victims'
side.
To all the readers and commentators who are against hanging balwant
Singh:
It is easy to narrate some philosophical thoughts based on humanitarian grounds. But we must realize that if the capital punishment is to be been done away completely, then where is justice the for all the victims of any heinous act? Balwant Singh is not someone who feared to take the life of another man and even now he doesn't repent for it. He who does not respect the lives of others, does not deserve to live. Just hang him - case closed!
The main problem in our country has not been the absence of strict
laws but proper and timely implementation of laws. One has committed a gruesome crime and we are discussing weather he should be hanged or
not. We live in a hostile surrounding and victims hardly get any help
from the people around. Even an injured bleeding person who met an
accident hardly get any help and people just move as nothing has happen. The only thing is "law" which guaranty them justice.
It is said that "fear of punishment is bigger than the punishment
itself". Just start executing pending executions and people will start
witnessing the change. I agree that it would not completely finish the
crimes but it would certainly instill fear among habitual offenders
and killer who think that the law of land is so weak that they would
emerge innocent or would not perish no matter how long it take. Afzal,
Nalini, Balwant singh, Kasab who are they. Those whose act has shook
the whole nation. Need to act like a Nation.
Whatever be the logic behind the pleas for doing away
with capital punishment,it should be carried out until an
effective deterrent is found.It should not be forgotten that
capital punishment is an undesirable yet inevitable
extreme form of discipline.It should be there to control
the rogue elephants of murderers of society.Our learned
judges are the best bet for delivering capital punishments
tempered with humane sentiments.
"Yet, he must live if only for the state to demolish his belief that it is a “monster” ready to turn on its own people"
Your above argument for commuting his death sentence shows there is nothing valid/reasonable to argue his case that your newspaper goes to such extent to present his case. A thief believes that the state is responsible for his state. Should no thieves be punished. A rapist has his own beliefs. Should all of them be pardoned.
Your talk about flawed judicial process is irrelevant in this case. Every due process of law has been followed and his crime proven beyond doubt.
Why we are worried about one life which has been responsible for killing 16 different lifes with no care for Human right.
I believe Capital punishment is wrong so it should be abolished but when i look back at massacers like Munbai blasts and 26/11 ,I dont see a point in keeping people like Kasab alive and healthy by spending crores of rupees when Indians are dying of poverty.They should be given severe punishment which in event of such a hideous crime can only be Death punishment.But I dont agree with hanging rajoana and i dont have a reason but it doesnt seem right.
Death penalty has been used very sparingly in India. The last man to
hang was one from Bengal who raped and murdered a young girl he was related to. Surely a heinous crime. The assumption that is made in the article above is that a person once convicted of a life term would actually serve the same. I think this is an erroneous assumption given the frequency with which terrorist let alone common history-sheeters) give police the slip or the frequency with which the Indian state succumbs to Ransom demands. The cost of maintaining 1 Kasab alone is a huge drain on the tax-payers pockets. I shudder to think what it would be to maintain 10- 20 more that are caught and kept on life imprisonment. One who takes the life of a fellow human being willingly (may be even for pleasure) forfeits the right that he has on his life.
Just a point here, if we dont hang these killers and keep them in prison for 14 yrs, who is gonna bear the financial burden of keeping them alive!! Kasab killed hundreds of innocent Indians and now enjoying Chicken Briyani and on the other side we have beggars who die on the roadside without clothes/food. We need to take a decision here, whom are we really supporting!!! Tomorrow every beggar will kill somebody and start living in a 5 star jail for free, and those Human right agencies will assure he will get the best food possible, properly taken care of. Please guys, its time we wake up, and do something really good for the society and think as Indians, not as Punjabis, Tamilians, Muslims, Hindus...
Before thinking of abrogation of capital punishment, one should think of the hundreds or thousands who lost their life or get seriously injured. The capital punishment should be given to the "rarest of the rare cases" and need to be executed immediately after the verdict. Think of the likes of Ajmal Kasab and Ahmed Omar Saeed Sheikh without the fear of the capital punishment. It may create havoc in our country. I would say that capital punishment need not be completely washed out.
India as a civilized society must do away with Capital punishment . It has been aptly pointed out, hanging has neither been an effective tool to curve crime , nor does it showcase any exemplary moral standard of the citizenry , other than staining its own hands in blood . But the abolition should be a proactive action from state , and not the way convicted and sentenced cases are getting postponed due to pressures from multiple sources colored with self fulfilling purposes . The state must not be so spineless to be cowed every now and then on administrative decisions as it is showing sings of , time and again.
I fully endorse Vikram Malkani's views in his comment on the death penalty. I would like to add one more to his list - rapists. The firing squad is the best method for execution. India has a weird justice system. The courts undoubtedly provide justice in death penalty cases, but the whole thing gets stymied by the Home Ministry which is more concerned with vote banks than with justice. The President being but a rubber stamp, just signs on the dotted line as laid down by the HM. For true justice, the intermediary HM should be removed. The President can refer the case to the Chief Justice of India if necessary and must subsequently abide by the CJI's opinion. I would like to pose a point for social activists who want the death penalty to be scrapped. If such an activist's relative is raped or murdered would this activist ask for the concerned criminal to be spared the death penalty?
Humane, righteousness, moral uprightness, Mahatma Gandhi etc are
fine. But how do you justify not hanging a Kasab ? He was prepared to
die himself. How does one justify mercy for suicide bombers ? They
are anyways so determined to die. Hence would it not be a travesty of
justice to let them live at the expense of the very tax payers who
they sought to kill ?
Mercy would need to be applied to those cases where there are no pre-
mediation, conspiracy etc to commit an arduous crime. But for a well
thought out massacre like the one in Mumbai where the terrorists
sought to wage a war on India, how could one justify mercy ?
Politics induced prevarications have temporarily halted many
hangings.But that does not mean that the due process of law has not
been followed and hence the convict should not be hanged.
Sir, a mere 'thanks' to you is hopelessly inadequate to convey what I felt in my thorax as went through the words in the powerful write-up. My more-than-four-decades readership experience confirms your stated constancy and consistency against the capital punishment.I read the article 'A Hanging' in 'The Hindu' only.I preserve the clipping, for in some unguarded moments I go through it to experience the inner stir human sensibilities and sentiments create in me.The world around us appear incomprehensibly cruel when we read reported murder, massacre,crimes, cruelties, oppression and shameful atrocities.The State is cetral authority to deal with these. But there is little mechanism with it to gauge what the peretrators felt during the crime. If execution had been a deterrent, Arab countries could have been free of crimes. But reality is otherwise. When a criminal passes the momentary intensity he felt to do the crime, he would switch normally to reason.So give him no rope; give him reprieve
To all the readers and commentators who are in for hanging balwant
Singh:
I have a request to you all please read the article with a non-paranoid
eyes. The article in no-holds-barred terms condemns the dastardly act
of Balwant. There is no point then in arguing The Hindu is advocating
for clemency for Balwant. The issue raised is more than hanging an
accused. What it talks is just the long known adage "an eye for an eye" is not a solution. If the sophisticated and and so called highly intellectual citizenry of our nation is here for butchering an accused for his misdeeds what difference will be there in those uncivilized, distracted terrorist and us, the civilized, mainstream citizens. It's also not about because some countries have abolished death penalty we too should copycat. For one minute imagine your kin awarded death penalty and then feel it. You will then realize whether hanging should go or remain. Mend the minds before they go corrupt is the answer.
There are so many incidents happening around us.An old lady was raped and
murdered for her jewelry.Three girl students were burnt to death.A scribe was shot down by mafia gang. What is the cause for all these things and all these brutalities and how they to be stopped.How a moral fear to be created for such offense and to establish dharma in the society.How the affected families to be consoled. As long as this is in existence the death penalty must exist.More over after the death penalty is confirmed by the supreme court , the clemency proceedings should be completed within six moths or so and the criminal to be hanged.
As long as there are crimes such as terrorism and sexual abuse of children, death penalty must exist.
This editorial is arguing for sympathy towards killers. If the killer have the right to live, what about the one killed? His life is not inferior than the killer's? Instead of banning execution what we can do is to use death sentence sparingly and only for those heinous crimes which is proved beyond doubt. In a big country like ours where there are daily incidents of murder some are very gruesome we need a deterrant. We cannot and should not feed them in the comfort of jail at public expense. There are so many homeless and hungry people in india, we are not feeding them. We should not use Rajiv Gandhi case to butress the case for abolishing death sentence. Tomorrow some may argue, why imprison them for so long, let go be pardoned and released? Keeping them in jail with out freedom is more cruel than hanging them.
It is strange that persons who assassinated politicians have persons to plead for mercy while non-political murderers have to face the gallows. Any death, be it natural or state-sponsored or due to judgments, is sad and be avoided. We find sometimes an innocent person is sentenced to death. It is high time Death Sentence is abolished. Similarly the maximum period in jail should be brought do brought down. There is no use keeping a person at public cost for long years.
We speak about 'Stop hanging' laws only when there is a judgement passed. After a month or two, we forget to request the parliament to abolish. The cycle again starts when the next victim stands in the hanging table. You would also find that the political parties who request the parliament to stop are the ones who support the victim of that time. PMK wanted to abolish hanging when it was Rajiv's assasins. Punjab political parties want to abolish hanging for Rajaona. When there is someone from Kashmir stands in the queue, PMK or Punjab policticos would be silent. Hence centre may not consider these requests in a holistic approach. We need a persistent movement by a group of political parties to stop this law, civilise reforms and punishments.
I agree that the death penalty needs to be abolished. However, till such time as the current laws are changed, the Govt needs to honor the decisions of the courts. It should not stop executions for political or other considerations as seems to be happening in this case. Another case is the execution of Afzal Guru who was found guilty of the terrorism chages levelled against him and sentenced to death by the Supeme Court several years ago.
Another point is the the inordinate delay in deciding Presidential pardons. There must be clear cut rules to justify such pardons.
Article 44 - Uniform Civil Code, though this is just another brick in
the constitution however the how uniformly we treat every Indian. You
mentioned Gandhiji, even he was against violence, he never sided with
likes of Bhagat Singh and Rajguru who were conspired with violent
acts. Times have changed, trials are politically motivated, if someone
has taken a violent route he needs to be punished/reprimanded in the
similar way. Justice has to be fair and equitable and should not be
bound by the political whims and fancies of either Punjab, Tamil Nadu,
J&K or Pakistan for that matter.
What Rajoana did was a shameful act irrespective of the fact/reason
behind, he should be hanged for not only for what he did also for what
image he portrayed of his community. After Beant Singh's assassination
it was a horrific scene in Punjab and every Sikh was looked like a terrorist. He may not be sole reason but he was definitely one of the
kingpin or I should say one prominent face.
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