Saturday, December 29, 2012

Pros-Cons of Capital Punishment for Rapists -


She succuumbed to her injuries.

So why are we divided on whether the brutal, desensitised, violent rapists / murderers should get capital punishment or not?

The ones who advocate capital punishment wonder what else would put fear in future violators. What would make them hesitate just a bit before they commit their crime?

Besides, without capital punishment there's the possibility that the police / politicians, with a little "incentive" in their pockets  might wait for a few years and quietly set these brutal rapist / murderers free. I believe one of the culprits is underage and will walk free within a year. Where's the deterrance for him? Or for future rapists? What action should we take then?

With our feelings running so high capital punishment for those low lives resonates with many of us. And yet I hesitate. Responsible people like Medha Patkar have written to say "severe punishment - yes, capital punishment - no." 

Another doubt in my mind - what if the government uses this law to punish the innocent?

So here's a link to a very good site that discusses the pros and cons of capital punishment.



13 comments:

  1. If capital punishment would work, why then the US has such a high murder rate?

    Capital punishment doesn´t work via fear. Simply because the offenders usually don´t contemplate to be caught.

    I personally don´t care if a person is guilty or innocent: murder is murder - even if set in place by the government. I understand when victims and significant others of victims are supporting the death penalty for getting revenge - but as an "untouched" member of society I don´t want to be in charge for more violence that there already is. Especially in India, which is by no means a peaceful country.

    Not the charges for offenders have to change but the way violence (against women) is dealt with. The way men treat women. The way society works. And what we teach our kids.

    The Indian justice system allows for severe punishment for rapists and murderers - it only has to be used accordingly. And lets face it, with corruption all over the place we will continue to see the rich ones walk out even from death sentences and the poor ones be killed. Justice looks different!

    ReplyDelete
    Replies
    1. Very well put, Lynn. What I'd like to know next is what the actual punishment for these six lower forms of life should be. I can't think of anything that suits their crime and violence. Nothing seems to be enough.

      Delete
    2. I will take a rather unpopular stand on this one by saying that the murderers are in some way victims, too.

      They are victims of a society in which men are raised to think of women as being worth less and in which a good amount of cultural and sexual norms and deprive them (and the women) of a free and open dealing with their sexual needs and wants. Add the difficult socieoeconomic situation of the majority of Indians and you have a hostile anti-pleasure environment in which individuals are deprived of relationships of mutual love and respect.

      I am not by all means saying that these men should not be punished. They should, just like everyone else who is hurting or taking the life of another person. I only find it important to point out that the patriachal structures hurt both: men and women.

      Delete
    3. Whatever is to blame – whether it is the stigma of interaction between sexes or the apathy of our government – right now these six have to be punished severely under the Indian constitution as such animal behaviour has worsened and become bolder on our streets. To keep things in perspective I must add that this animal behaviour is in a minuscule percentage but with over a billion Indians in India that becomes a sizeable number.

      Also, by now, you, a German living in India will know that India is complex. Some young boys and girls grow up believing even talking to the opposite sex after age eight is bad or loose behaviour. Some grow up in a more relaxed atmosphere. The men I grew up with and interact with socially are wonderfully normal and decent. To have more Indians talking naturally with the opposite sex without behaving silly would be a very great first step. Anything beyond that would be jumping the gun. It might even have (undisciplined) animal behaviour worsen before it gets better.

      Finally, I am watching to see what the government does to punish these six. Lip service and rhetoric doesn’t keep its citizens safe.

      Delete
  2. Here's what Subrahmanyam Karuturi has to say about how he thinks we are responsible. It is what's needed as a long term solution. http://www.doctorshangout.com/profiles/blog/show?id=2002836%3ABlogPost%3A674637
    In the short term, the six shouldn't escape the severest of punishments under the Indian constitution.

    ReplyDelete
    Replies
    1. Thank yozu for the link. That one is powerful!

      Delete
  3. What caught my eye was this - Since the reinstatement of the modern death penalty, 87 people have been freed from death row because they were later proven innocent.
    This is something which has been bothering me. Not for this particular case, but we cannot be always 100% accurate.
    Life imprisonment seems to be a much logical approach because once an innocent life is lost, we are standing in the same dock.

    ReplyDelete
    Replies
    1. I agree, Amit, to this degree - law and justice don't seem to be related at all in India. Of these 87 we can't really tell who was innocent or who wasn't, can we? It is too arbitrary. Also, we don't want the government to have that legitimate tool of legally handing out death penalties for rape. But under the constitution I wonder what punishment will be handed down to these six for both murder and rape. Hope citizens don't let up the pressure as victory - a bitter one, as someone so young and happy lost her life in ugliness and brutality - is partly theirs. Too much is at stake. If these six are severely punished others will hesitate out of fear of punishment just a tiny bit.

      Delete
  4. KayEm, The discussions around the punishment for Rape or any crime have no meaning if nothing happens even after judgement as the justice delayed is justice denied no mattter whatever humanitarians say!!

    ReplyDelete
    Replies
    1. Totally agree, Rahul. We know the delaying tactics some people use. That is why I believe something drastic like the Janlokpal bill is necessary for a defined period of time (see http://www.aamaadmiparty.org/JanLokpal.aspx)

      Delete
    2. While that is being pooh-poohed by the political parties in power (so that cases against them are delayed indefinitely) the united protests of the ordinary person will have to ensure these six are punished so that our streets become a little safer.

      Delete
  5. Agree with you, It's not about the law that can prevent such mis-happenings but only a good governance can...

    ReplyDelete
  6. Well said, Anupam. Also, perhaps the people's mindset?

    ReplyDelete