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before giving death penality there is a need to scrutinize hidden concept in the particular criminal case.............as based on one aspect ...... 1..if after givin capital punishment to a person and .after dat it comes out to be non criminal.....den who will justify his death......... and 2. at the same time if viewin the increasin acts of crimes....wich seem to b damagin definately.......one positive step is needed 2 b taken 3. and such a capital punishment should not hav bad impact on particular religion or caste........so in order to hav appropriate solution whether dis legislation shuld me made depends on the domestic conditions and its bilateral relations with other countries............
Before one decides whether the death penalty should be abolished or not one must take into consideration two things :
First, What will replace Capital Punishment...... Obviously the only viable alternative to death punishment will be Life imprisonment.
Second, one must take into account the cost of maintaining prisons. Every year a substantial amount of tax payers money is spent on maintaining prisons and looking after the prisoners. This is proportionally higher for sick and elderly prisoners. Commuting death Punishment to Life imprisonment will increase expenditure of maintaining prisons.....
Giving a Death punishment is like killing a person to teach him/her a lesson of killing innocent people. It was given to the convicts in order to deter people from committing such a cruel crime. But as we can see in our prevailing world, few organised Terrorist groups are using human bomb techniques without having any deterrence.They don't value their life. Even rajoaona never ask for mercy plea to president as he was given death sentence for killing Chief Minister of Punjab. Many people like farmers , businessmen etc are committing suicide due to various depressed reasons. More over various Human Right Commissions even agreed that we don't have any right to kill any human being deliberately. So this death sentence should be abolished and convert it into life imprisonment with strict rules. As there are many ways of punishing them rather than killing which proved in inciting their community to retaliate against government and killing a innocent people.
my friend death penalty is a hard punishment and it should be given to only hard core criminals. in my opinion hard core criminals are of 2 types. FIRST are those who loves thr life and SECOND are those for whom live is meaning less like terrorists they never thinks about their life. So according to me death penealty should br given to those criminals who loves theit life and those who does not loves their life like terrorists they should be given more severe punishments like solitary imprisonment, give them poison slowly slowly give them mental torture create such type of circumstances that they beg you and say kill us and they would be denied and acc to me this would be the best punishment for these kind of people. The aim of the punishment should be always to create terror and set example for other anti social elements that if they commit any thing against humanity and nation then the results would be severe. only death penality is not the solution.the thing which requires is to create terror in their minds.
In modern times, We believe that men had evolved much and reformed much from the one existing in earlier times(however doubts prevails). The rule of law extends to every unpredictable person residing in a particular domicile. The offenders of the law are tried by the criminal justice system. There has been continuing campaign for the abolition of death penalty. Majority of the countries had abolished death penalty in full or partial form. The laws in Indian criminal justice system still retains capital punishments but the courts have been very reluctant in awarding death penalty in simple murder case(justice system has derived various gradations of murder, it’s hard to guess which one is simple murder and which would be complex one). What bothers me is that, the abolition of death penalty in international sphere is impacting Indian criminal justice system. No matter 120+ countries had abolished capital punishment, this fact should not be taken as a prerequisite to determine whether we need death penalty or not, here in India. My rationale behind this notion is, facts don’t determine opinion, it’s the opinion that determines facts and every sovereign country is free to have any sort of opinion. The three-tier justice system in India awards capital punishment only in ‘rarest of rare crimes’. While the severity of punishment is in question, one must also put some light on ‘certainty of punishment’. Even after committing heinous crimes, many offenders enjoy full liberty non-reporting of offence, inefficient evidence collection, corrupt official and many such reasons. In some cases(particularly the offences committed against women) an informal agreement of compromise is being exercised outside the purview of judiciary(even after the FIR has been registered). This disgraceful exercise is done with money and muscle power to serve the offenders having political backing. Usually the unjust persuasion drives the victim to accept the compensation rather than getting revictimized. Another matter of concern is the mercy power of President or Governor. The plea of clemency is celebrated as an act of grace, humility and political morality. The mercy power in India is effectively exercised by the ruling party at Union level via the way of recommendations of Ministry of Home Affairs to the President. A very unhealthy trend is seen in accepting or rejecting the mercy petition in recent petitions. Apart from inordinate delays in deciding the mercy plea, political considerations have led to expediency of some executions. The recent hanging of Afzal Guru, had put question mark on clemency been marked by political expediency. While the mercy plea of convicts not decided (Devinderpal Singh Bhullar, Perarivalan, Murugan, Santhanetc) - having convicted in cases well earlier that Parliament attacks convict Afzal Guru, shows the haste in which Guru has been hanged. The essence of political morality in clemency plea seems to be just a utopian ideal in a country where competitive politics on terrorism has been in play. Human Rights Activists (HRA) have been propagating the ideal of; ‘God’s monopoly over giving and taking life of a human’ and state should not act in inhumane manner. My simple argument against HRA is, if death penalty is cruel, why even life imprisonment. Tying someone in isolated confinement for a life time, restraining him/her from socializing and putting constraints on his liberty to move freely seems to be crueller than one time hanging.
On the question of severity of punishment on which didn’t commented earlier, I believe criminal must suffer, and I advocate more severe and more painful punishment which would act as deterrence in minds of potential offenders of law. We must shun the bogus belief of living in a civilized society which serves no purpose. There should be laws which a society deserves, and not what suits to an ideal society. But surely, the laws should be that much reasonable which would guide our transition towards an ideal society, for the time being- our imperfect society with flawed mind-set needs tough laws
Death Penalty also known as capital punishment started in ancient times, so that it would have deterrence effect on the people. At that times, death penalty did the same(punishment suited to the prevailing circumstances)But, slowly and gradually the criminality has increased manifolds what does it mean???we should abolish death penalty as it has no deterrence over people? Around 120+ countries has abolished so we should also…? NO!!!!…as we also have examples of countries which abolished death penalty and rate of crime increased there(E.g. United kingdom).So, abolition of death penalty will have different effects in different countries.But, at the same time we must think about that we are lacking somewhere in the enactment of laws which our society demands.
One of the reasons, for the rise in crimes may be slow judicial process(as on 30th September,2010 About 55,000 cases are pending with the Supreme Court, 42 lakh with High Courts and 2.8 crore with subordinate courts…and the number is still increasing..) criminals know that if they will be caught either they will get bale or their cases will not be easily disposed off and they will infact be treated well inside the prison rather than outside( as our govt. is spending huge amount on prisons) Moreover,average life in India is around 65 years.So,when a particular case is disposed off, the time it will take!!! “Tab tak insaan khud marnewala ho jata hai”!!! :-p jokes apart!! People also say that sometimes an innocent person may get death penalty.I completey disagree, I wonder, how this could happen in a country like India where judges are directed that 99 criminals out of 100 may be set free but not a single innocent person should be punished. Death penalty in India is given for “rarest of rare crimes” and for that rarest of the rare crime you are almost setting a person free by giving him death penalty( one simple jerk for all his deeds)??? Here I question the severity of punishment. As every coin has two sides, leaving aside the concept of death penalty as well as of severity of punishment; Can we think of the real motive behind all these legislations??...The one and only reason will be “better society”. Knowing this that I’m talking about some utopian ideas which are far away to be achieved I want to suggest that the criminal minds which we are talking about are the MANPOWER of the country so like other human resources we can also use this resource for the betterment of the society(e.g. a scientist who is criminal also…..).who knows this may also change the mind of that particular person to not to commit further crimes(as you have given him a chance…a chance “to live again”).Connecting this thing with the mercy petition, if a criminal would give his contributions for the betterment of society only then he will be awarded mercy otherwise….. In nutshell, I would like to say that we have to act accordingly.It is the high time and we need to make some amendments in existing laws. This must have to be done so that we can go one step nearer to that ideal society which our people dream to live in.
No.... i dont think that death penalty shud be abolished. It can be given in rarest of the rare case just as our indian govt. is doing. A limit shud be set up which shud contain determinants like physical voilence, cruelty, condition/effects on the prosecutor etc. and the case in which all the determinants are used/voilated beyond the decided limit , can be given death penalty....
before giving death penality
ReplyDeletethere is a need to scrutinize hidden concept in the particular criminal case.............as based on one aspect ......
1..if after givin capital punishment to a person and .after dat it comes out to be non criminal.....den who will justify his death.........
and
2. at the same time if viewin the increasin acts of crimes....wich seem to b damagin definately.......one positive step is needed 2 b taken
3. and such a capital punishment should not hav bad impact on particular religion or caste........so in order to hav appropriate solution whether dis legislation shuld me made
depends on the domestic conditions and its bilateral relations with other countries............
Before one decides whether the death penalty should be abolished or not one must take into consideration two things :
ReplyDeleteFirst, What will replace Capital Punishment...... Obviously the only viable alternative to death punishment will be Life imprisonment.
Second, one must take into account the cost of maintaining prisons. Every year a substantial amount of tax payers money is spent on maintaining prisons and looking after the prisoners. This is proportionally higher for sick and elderly prisoners. Commuting death Punishment to Life imprisonment will increase expenditure of maintaining prisons.....
Giving a Death punishment is like killing a person to teach him/her a lesson of killing innocent people. It was given to the convicts in order to deter people from committing such a cruel crime. But as we can see in our prevailing world, few organised Terrorist groups are using human bomb techniques without having any deterrence.They don't value their life. Even rajoaona never ask for mercy plea to president as he was given death sentence for killing Chief Minister of Punjab. Many people like farmers , businessmen etc are committing suicide due to various depressed reasons. More over various Human Right Commissions even agreed that we don't have any right to kill any human being deliberately. So this death sentence should be abolished and convert it into life imprisonment with strict rules. As there are many ways of punishing them rather than killing which proved in inciting their community to retaliate against government and killing a innocent people.
ReplyDeletemy friend death penalty is a hard punishment and it should be given to only hard core criminals. in my opinion hard core criminals are of 2 types. FIRST are those who loves thr life and SECOND are those for whom live is meaning less like terrorists they never thinks about their life. So according to me death penealty should br given to those criminals who loves theit life and those who does not loves their life like terrorists they should be given more severe punishments like solitary imprisonment, give them poison slowly slowly give them mental torture create such type of circumstances that they beg you and say kill us and they would be denied and acc to me this would be the best punishment for these kind of people. The aim of the punishment should be always to create terror and set example for other anti social elements that if they commit any thing against humanity and nation then the results would be severe. only death penality is not the solution.the thing which requires is to create terror in their minds.
ReplyDeleteIn modern times, We believe that men had evolved much and reformed much from the one existing in earlier times(however doubts prevails). The rule of law extends to every unpredictable person residing in a particular domicile. The offenders of the law are tried by the criminal justice system. There has been continuing campaign for the abolition of death penalty. Majority of the countries had abolished death penalty in full or partial form. The laws in Indian criminal justice system still retains capital punishments but the courts have been very reluctant in awarding death penalty in simple murder case(justice system has derived various gradations of murder, it’s hard to guess which one is simple murder and which would be complex one). What bothers me is that, the abolition of death penalty in international sphere is impacting Indian criminal justice system. No matter 120+ countries had abolished capital punishment, this fact should not be taken as a prerequisite to determine whether we need death penalty or not, here in India. My rationale behind this notion is, facts don’t determine opinion, it’s the opinion that determines facts and every sovereign country is free to have any sort of opinion. The three-tier justice system in India awards capital punishment only in ‘rarest of rare crimes’. While the severity of punishment is in question, one must also put some light on ‘certainty of punishment’.
ReplyDeleteEven after committing heinous crimes, many offenders enjoy full liberty non-reporting of offence, inefficient evidence collection, corrupt official and many such reasons. In some cases(particularly the offences committed against women) an informal agreement of compromise is being exercised outside the purview of judiciary(even after the FIR has been registered). This disgraceful exercise is done with money and muscle power to serve the offenders having political backing. Usually the unjust persuasion drives the victim to accept the compensation rather than getting revictimized. Another matter of concern is the mercy power of President or Governor. The plea of clemency is celebrated as an act of grace, humility and political morality.
The mercy power in India is effectively exercised by the ruling party at Union level via the way of recommendations of Ministry of Home Affairs to the President. A very unhealthy trend is seen in accepting or rejecting the mercy petition in recent petitions. Apart from inordinate delays in deciding the mercy plea, political considerations have led to expediency of some executions. The recent hanging of Afzal Guru, had put question mark on clemency been marked by political expediency. While the mercy plea of convicts not decided (Devinderpal Singh Bhullar, Perarivalan, Murugan, Santhanetc) - having convicted in cases well earlier that Parliament attacks convict Afzal Guru, shows the haste in which Guru has been hanged. The essence of political morality in clemency plea seems to be just a utopian ideal in a country where competitive politics on terrorism has been in play. Human Rights Activists (HRA) have been propagating the ideal of; ‘God’s monopoly over giving and taking life of a human’ and state should not act in inhumane manner. My simple argument against HRA is, if death penalty is cruel, why even life imprisonment. Tying someone in isolated confinement for a life time, restraining him/her from socializing and putting constraints on his liberty to move freely seems to be crueller than one time hanging.
On the question of severity of punishment on which didn’t commented earlier, I believe criminal must suffer, and I advocate more severe and more painful punishment which would act as deterrence in minds of potential offenders of law. We must shun the bogus belief of living in a civilized society which serves no purpose. There should be laws which a society deserves, and not what suits to an ideal society. But surely, the laws should be that much reasonable which would guide our transition towards an ideal society, for the time being- our imperfect society with flawed mind-set needs tough laws
Death Penalty also known as capital punishment started in ancient times, so that it would have deterrence effect on the people. At that times, death penalty did the same(punishment suited to the prevailing circumstances)But, slowly and gradually the criminality has increased manifolds what does it mean???we should abolish death penalty as it has no deterrence over people? Around 120+ countries has abolished so we should also…? NO!!!!…as we also have examples of countries which abolished death penalty and rate of crime increased there(E.g. United kingdom).So, abolition of death penalty will have different effects in different countries.But, at the same time we must think about that we are lacking somewhere in the enactment of laws which our society demands.
ReplyDeleteOne of the reasons, for the rise in crimes may be slow judicial process(as on 30th September,2010 About 55,000 cases are pending with the Supreme Court, 42 lakh with High Courts and 2.8 crore
with subordinate courts…and the number is still increasing..) criminals know that if they will be caught either they will get bale or their cases will not be easily disposed off and they will infact be treated well inside the prison rather than outside( as our govt. is spending huge amount on prisons) Moreover,average life in India is around 65 years.So,when a particular case is disposed off, the time it will take!!! “Tab tak insaan khud marnewala ho jata hai”!!! :-p jokes apart!! People also say that sometimes an innocent person may get death penalty.I completey disagree, I wonder, how this could happen in a country like India where judges are directed that 99 criminals out of 100 may be set free but not a single innocent person should be punished.
Death penalty in India is given for “rarest of rare crimes” and for that rarest of the rare crime you are almost setting a person free by giving him death penalty( one simple jerk for all his deeds)??? Here I question the severity of punishment.
As every coin has two sides, leaving aside the concept of death penalty as well as of severity of punishment; Can we think of the real motive behind all these legislations??...The one and only reason will be “better society”. Knowing this that I’m talking about some utopian ideas which are far away to be achieved I want to suggest that the criminal minds which we are talking about are the MANPOWER of the country so like other human resources we can also use this resource for the betterment of the society(e.g. a scientist who is criminal also…..).who knows this may also change the mind of that particular person to not to commit further crimes(as you have given him a chance…a chance “to live again”).Connecting this thing with the mercy petition, if a criminal would give his contributions for the betterment of society only then he will be awarded mercy otherwise…..
In nutshell, I would like to say that we have to act accordingly.It is the high time and we need to make some amendments in existing laws. This must have to be done so that we can go one step nearer to that ideal society which our people dream to live in.
No.... i dont think that death penalty shud be abolished. It can be given in rarest of the rare case just as our indian govt. is doing. A limit shud be set up which shud contain determinants like physical voilence, cruelty, condition/effects on the prosecutor etc. and the case in which all the determinants are used/voilated beyond the decided limit , can be given death penalty....
ReplyDelete