WHY I SUPPORT CAPITAL PUNISHMENT: WHY I SUPPORT CAPITAL PUNISHMENT

WHY I SUPPORT CAPITAL PUNISHMENT: WHY I SUPPORT CAPITAL PUNISHMENT:                            WHY I SUPPORT CAPITAL PUNISHMENT  (WHAT I WISH TO EXPRESS HERE ARE COMPLETELY MY PERSONAL VIEWS AND ANYBODY REA...

WHY I SUPPORT CAPITAL PUNISHMENT

                          WHY I SUPPORT CAPITAL PUNISHMENT 
(WHAT I WISH TO EXPRESS HERE ARE COMPLETELY MY PERSONAL VIEWS AND ANYBODY READING THEM IS FREE TO ENDORSE OR CRITICISE THEM AS PER THE RIGHTS ENUMERATED FOR THEM IN THE CONSTITUTION OF INDIA:)

IN WAKE OF THE CONCURRENT SUPREME COURT DECISIONS AND ALSO THE RECENT SCENARIO OF CRITICISING THE PROCEDURES ESTABLISHED BY LAW,OPENLY AND WITH NO REGARD TO THE SANCTITY OF THE HIGHEST COURT OF THE LAW,THAT TOO BY PEOPLE HAVING QUESTIONABLE KNOWLEDGE OF THE INTRICACIES INVOLVED IN THE LEGAL FRAMEWORK IS SOMEWHAT DISTURBING.

CAPITAL PUNISHMENT HAS BEEN CRITICISED WORLD OVER AND HAS BEEN ABOLISHED IN MANY A NATIONS,MANY INDIAN JUDGES HAVE ALSO SUPPORTED THE ABOLISHING OF THIS IDEA REFERRED TO SOMETIMES AS 'JUDICIAL MURDERS' ,THERE CAN BE ,OR THERE MAY BE MERIT IN THE ABOVE CONCLUSIONS BUT THIS IS A MATTER OF EXTENSIVE DEBATE. WHAT EXISTS RIGHT NOW IS THE PROVISION OF CAPITAL PUNISHMENT AND THUS SHOULD BE ABIDED BY,AS IT IS THE LAW OF THE LAND.

INDIAN COURTS HAVE EVOLVED THE IDEA OF 'RAREST OF RARE' CRIMES TO PROVIDE FOR CAPITAL PUNISHMENT WHICH MEANS 'HANGING' IN OUR CONTEXT.THIS IDEA CAME INTO BEING ONLY SINCE THE 80'S AND SINCE THEN   IT HAS BEEN CRITICISED FOR  BEING AMBIGOUS,AS IT HAS NOT BEEN LAID DOWN IN CLEAR TERMS WHAT DOES 'RAREST OF RARE' WOULD REALLY ENCAPSULATE.

BUT IN SURE TERMS IT CAN BE SAID THAT THE NUMBER OF CRIMINALS GIVEN CAPITAL PUNISHMENT HAS REDUCED SINCE THE 80'S,AS ALSO IT IS A PART OF FUNDAMENTAL JURISPRUDENCE THAT NO TWO CASES HAVE SAME FACTS AND CIRCUMSTANCES ,SO WHERE DOES THE QUESTION OF AN UNAMBIGOUS GUIDELINE FOR RAREST OF RARE CASES ARISE ?? I FAIL TO UNDERSTAND THEIR INTELLECT IN THIS REGARD.

I HAVE READ A CERTAIN BOOKS ON JURISPRUDENCE WHICH CLEARLY STATE THAT THE CONSTITUTION IS THE "BASIC NORM" OF THE NATION,AND ALL OTHER NORMS OR LAWS FLOW FROM THE SAME,THE CONSTITUTION PROVIDES THEM VALIDITY,AND THE CONSTITUTION CLEARLY GIVES THE RESPONSIBILITY TO THE SUPREME COURT TO UPHELD THE LAWS LAID DOWN BY IT AS WELL AS AMENDED BY THE PARLIAMENT, AND NO ONE HAS A RIGHT TO QUESTION THE ORDERS OF THE SUPREME COURT EXCEPTING WHERE A HEALTHY CRITICISM IS DONE,BUT SAYING THAT THE ORDER OF THE JUDGES WHICH MAY NOT BE IN CONCURRENCE TO YOUR BELIEFS IS UNJUST AND WRONG IS NOT IN THE BENEFIT OF THE NATION AS A WHOLE.THE CONSCIENCE OF THE NATION IS UNDERMINED BY SUCH ACTS,WHERE ALL LEGAL REMEDIES HAVE BEEN EXHAUSTED THE LAST REMEDY IS TO ACCEPT THE LAW OF THE LAND WHICH GUIDES US ALL, IN OUR CASE, THE CONSTITUTION OF INDIA 


ALSO IN THE RECENT LANDMARK JUDGEMENT IN THE 'D.S.BHULLAR'S CASE THE TWO JUDGE BENCH OF THE SUPREME COURT ENUMERATED THAT DELAY IN EXECUTION CAN BE A GROUND FOR MERCY,BUT NOT IN A CERTAIN TYPE OF CASES LIKE THE 'ACTS OF TERRIORISM,WIFE BURNING FOR DOWRY,INDISCRIMINATE KILLING OF THE WHOLE FAMILY WITHOUT ANY PROVOCATION ETC. THUS ALSO  LAYING DOWN CERTAIN GUIDING PRINCIPLES AS TO WHAT MAY BE CONSIDERED AS RAREST OF RARE. 

THE JUDGEMENT ON THE FACE OF THE RECORD SEEMS TO BE MORE THAN BALANCED AND TRULY UNAMBIGOUS,IT IS  A JUST MANIFESTATION BY THE HIGHEST COURT OF LAW.IT FURTHER HELD THAT HOW CAN PEOPLE WHO HAVE COMMITTED SUCH BRUTAL,INHUMAN ,MERCILESS CRIMES EXPECT AND ASK FOR MERCY?NO HUMAN RIGHTS FOR PEOPLE WHO ARENT FIT ENOUGH TO BE CALLED HUMANS. ALSO THE COURT CAN SIT IN CONSONENCE IN A LARGER BENCH TO STUDY AND LAY DOWN CERTAIN MORE GUIDELINES IF NEED BE.

THE 16 DECEMBER DELHI GANG RAPE CASE THAT SHOOK NOT ONLY INDIA BUT THE WORLD,THE SHAMEFUL ACT OF RAPING A 5 YEAR OLD 'GUDIYA' ARE CRIMES WHERE MERCY MAY LEAD TO A MORE INHUMAN SOCIETY,BURNING OF YOUNG GIRLS FOR DOWRY,KILLING UNCOUNTABLE HUMANS IN A BOMB BLAST, HOW CAN THESE CRIMES BE EVEN EXPECTED TO BE PARDONABLE?AND WHAT TYPE OF PRECEDENT ARE WE SETTING FOR THE FUTURE OF THE COUNTRY AND FOR THE PRESENT GENERATIONS? IF PARDON AND MERCY BE GIVEN AS A MATTER OF RIGHT WHY WOULD THERE BE A NEED OF JUDICIAL INTERVENTION IN THE FIRST PLACE?WONT THE PRINCIPLE OF DETERRENCE BE CONSIDERABLY UNDERMINED WHEN A LARGER NUMBER OF PEOPLE WOULD GET SCOTT FREE OR REMITTED ?

TILL THE TIME THESE QUESTIONS ARE NOT SATISFACTORILY ANSWERED,WE CANNOT AND SHOULD NOT DEVIATE FROM THE CURRENT PROVISIONS OF LAW,AND CAPITAL PUNISHMENT SHOULD NOT GO ANYWHERE AND BE IMPOSED IF A PERSON IS FOUND GUILTY.I SUPPORT CAPITAL PUNISHMENT IN THE RAREST OF RARE CASES AND JUSTICE BE DONE AS EXPEDITIOUSLY AS POSSIBLE.

IN THE END I QUOTE WHAT I RETWEETED FROM THE ACCOUNT OF ONE OF THE FAMOUS(NOW RETIRED)JUDGES OF THE SUPREME COURT

           "MAANA KI HUM JAHAAN KO GULSHAN NA  KAR SAKE,
            KAM SE KAM KUCH KAANTON KO HI KAM KAR GAYE"


REGARDS 

A CONCERNED CITIZEN
RANJAN TOMAR‎
‎21 ‎April ‎2013