Human rights and capital punishment

August 23, 2009 01:06 am | Updated 01:09 am IST

The right to live is the birth-right of all living beings. Death is a certainty and is irreversible. Suicide is a punishable offence. The one attempting suicide has to do it correctly, sincerely and effectively lest he or she will be booked under law! It is an indirect enforcement against the right to live in one sense. A hangman cannot be legally booked as a murderer. Then what and where is the legal sanity for human rights? Death sentence is justice of revenge as is cal led by statesmen. The validity of this cruel punishment disturbs every one. Those who are responsible for activating suicide squads are the real murderers and the worst violators of human rights.

India is among countries like the U.S., Japan, Pakistan, South Korea and China where the death sentence is awarded. China is on the top in the execution of capital punishment. In some Arab countries, beheading is done in public and stoning to death also prevails. Hanging is a British method and our freedom fighters sacrificed their lives suffering hanging under the British rule. The French Revolution followed the g uillotine, but in America, the electrical chair, gas chamber and putting to sleep by less painful lethal drugs are commonly adopted. In olden days, we had crucifixion, throwing to the lion, dropping in boiling water-tanks or being exposed to poisonous snakes. All these had religious sanction. The European countries have done away with capital punishment and the abolition of capital punishment is now a condition for membership of the EU.

Laws are to be faulted

Compensation is another word complimentary to punishment. Nevertheless the act of taking away someone’s life to compensate the revenge or felony he has committed wilfully, otherwise or due to emotional or unbearable mental torture and agony is barbaric if not inhuman. The laws are to be faulted and not the executers of the dictum of laws. There are cases of court rehearing or reopening cases for landing at fresh evidence and reversing the judgement. Alas, is it open for a carried out and finished case of capital punishment?

In India, after all legal deliberations are over with all care, there is still hope for escape under mercy petition that is sought from the President or the Governor. Is it a random decision, will and pleasure or political? There are no constitutional obligations or guidelines for the power sources to act upon. The accused, rather the punished, is inching to death with all the agony when the mercy petition is kept aside for long in the table drawers, cold storage act! It is a nightmare not in sleep but immediately after waking up. In fact the condemned and several of his family die several times over a prolonged span. Capital punishment under IPC 302 is to be debated and done away with as early. Will political will act well?

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