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DRK's Newsletter 16 DRK’S NEWS LETTER Issue 016 DRK’s News Letter Issue No: 16 December,2017 Email: [email protected] DRK WITH HON’BLE JUSTICE SHRI. A.K. SIKRI, JUDGE, SUPREME Website: www.goodgovernance.in www.lifepositive.com COURT OF INDIA, DR. RAJKUMAR AND DR. SARAH JOSEPH DEATH PENALTY - RIGHT OR recommendation for for an Eye.. Tooth for a Tooth” WRONG? consideration for the law emerged. In primitive societies makers, judiciary, the media and that was considered just law. This has been a never-ending the nation as a whole. debate – dilemma. I have The society wanted to avenge participated in many debates on There has been an intense the wrong committed by the this critical subject both in India ongoing debate on the question individuals against orderly and and abroad. of retention or abolition of death peaceful existence. It was also penalty. Powerful arguments considered necessary to prevent An International Conference on have been Death Penalty was organised by advanced on both the MONASH University of sides. Australia and O.P. Jindal Global University, India at the Indian From the very Law Institute, Delhi. inception of human start Justice Mr. A.K. Sikri, Judge of living in the form the Supreme Court of India of society, the presided over the conference, need was felt to addressed by me and Professor protect the Sarah Joseph of Monash society from the University, Melbourne. deviant behavior Views were expressed by all of it’s individual speakers on this vital subject. members. What I am expressing here is my That is how the own assessment, analysis and concept of “Eye DRK’S NEWS LETTER | Issue 016 2 by that person being society as useful members, by executed? Is there simply confining them in prisons not a contributory for long periods. factor on the part of the society also by The question now is whether the creating such death sentence should be circumstances? abolished or retained in India? It was also pointed out As seen above, at one time in the that death sentence past, in all the societies and and execution of nations, death punishment was Greeted by Dr. C. Rajkumar, founding Vice Chancellor, OP murderers has not the rule for any murder. As Jindal University, and Dean Jindal Global Law School resulted in reduction Human Rights jurisprudence developed, the courts decided the perpetrator committing his of murders. depredation against any that death sentence should be member of the society. Instances, though very rare, imposed only in rare cases. Later came to light that there have the Apex court laid down that Murder of the murderer as a rule been cases where innocent death sentence should be was justified and practiced in all persons also have been found imposed only in the rarest of rare primitive societies based on the guilty and executed based on cases. Retributive theory of certain evidence and certain punishment and Preventive circumstantial evidence, which As the concept of Human Rights theory of punishment. were found wrong later. Once developed, some nations started the persons are executed, there abolishing death sentence even As Human Rights awareness is no way they can be brought for most horrid killings. grew over a period of time, it was back to life, even when later it realized increasingly that Now more than half the nations was found that the conviction murders are committed not have abolished death sentence and execution were wrong. because a person was born as a in their statute books. In many murderer, but due to various A strong argument developed countries even though the death circumstantial, socio, economic, that in such cases, the murderers sentence is on the statute book, environmental factors. can be reformed and restored to It was also felt that if a person committed murder due to the wrong upbringing, brainwashing, imaginary or real sense of injustice or sudden provocation, it may not be right on the part of the society as a whole to extinguish the most basic Human Right of the human being to life. It was also argued that if such a person, due to peculiar circumstances or provocation has committed a murder, will it be right on the part of the society also to commit the same crime DRK’S NEWS LETTER | Issue 016 3 For that a special session of the Parliament should be convened, where members should be enabled to express their opinions frankly and freely. The members should be given the freedom to exercise their views by voting on the motion, without being constrained by any party whip. AMERICA REVISITED Yogaville – Virginia After a couple of years after my Parliament which alone can ultimately take final decision on Death Penalty last visit to USA, I had to undertake a short visit of 12 in practice no execution has each country – each society will days, on repeated invitations taken place for several years. have to take the decision from three organisations. whether the time has come for “Astonishingly long delays” abolition of death sentence in There was no time to visit and between sentencing and that country/society. spend times with friends in execution, compounded by a major cities like Washington, prisoner’s death row syndrome As we cannot afford to hold a New York, New Jersey and Los and uncertainty over time of referendum on this issue in a Angeles. execution could be agonizing, country of over 125 crores, the resulting in “horrible feelings” best acceptable and pragmatic Though I landed at the and “immense mental anxiety solution is for the Parliament to Washington Dulles International amounting to double take a firm decision unanimously Airport on an early raining punishment”. or by an overwhelming majority, morning, I declined the reflecting the general mood of invitation to spend time at That serves neither retribution the Nation. Washington and instead drove nor deterrence, and in fact may straight from the airport to result in undermining the Majesty of Law and Courts of Justice. But for the terrorist attacks like the 9/11 in USA, and 26/11 in Mumbai and several such condemnable terrorist attacks resulting in the killing of thousands of innocent lives, perhaps more countries would have by now abolished death sentence. In my mind, I have no doubt, death sentence will be abolished all over the world one day. But All Religious LOTUS Temple established by Swami Satchidananda at Yogaville, USA DRK’S NEWS LETTER | Issue 016 4 Then of course I had the privilege of inaugurating the new Steps, being erected to reach Chidambaram, the highest point where the huge dancing Nataraja statue is erected and worshiped. The metallic Nataraja statue was donated by Dr. Karan Singh, when he was India’s ambassador in USA. I was taken to Swami’s residence on the hill. The huge mansion is kept beautifully by his devotees, as it was when Swami was living. At Samadhi Mandir of Swami Satchidananda, Yogaville with American Devotees of Swami At the archives/documentation centre, thousands of Yogaville, Virginia. Jai, an variety of progammes, visits and photographs, video and audio American youngster had come speeches. The all-religious Lotus cassettes containing the down to receive me and drove on Temple (Light of Truth Universal programmes of Swami are the beautiful road for three Shrine) by the side of the lake is preserved carefully in hours. very well maintained, attracting temperature controlled large number of visitors atmosphere. By touch of a from all over the world. button, a large number of my That was the symbol of photographs appeared on the Swami Satchidananda’s screen – many of my photos with philosophy – Paths are Swamiji taken over the years in many, the goal is the Australia, Hyderabad, Delhi and same. Coimbatore. Followers of various religions chant from their unique scriptures Swami with DRK family at Delhi residence in 2001 praying the light, which merges into the I was warmly received at the same beam of light green serene campus of Gurudev symbolically establishing the Swami Satchidananda Ashram truth that the various religions by Swami Dayananda (a are various paths leading to Japanese devotee of Gurudev for the same divinity-truth. over three decades) and Sumati, I visited “Kailas”, the samadhi a third generation American of Swami Satchidananda disciple of Swami where his life like statue is Satchidananda. worshiped every morning with I was kept busy for the next the same traditions followed three days of my stay with by the Swami. International Humanitarian Award to DRK at Lexington, Kentucky, USA DRK’S NEWS LETTER | Issue 016 5 during his visits from publishers in USA and to USA. With sending them to hundreds of his permission schools in India. he has founded a Foundation – At his insistence I received the Bharat Ratna “International Humanitarian APJ Abdul Award” at an elegant function in Kalam the University hall at Lexington. Foundation in It was hosted by the Global Philanthropy, India Student’s With Dr. Viji, Ponraj family at the large free library at Lexington Kentucky University to Association, Blue Cross Indo- American Civil Society, Shree I visited many homes and also promote spoke on many occasions as studies on India. The University School of Dance and the desired by my hosts and gave a matching grant of 1 International We Serve ashramites, who are grateful to million dollars and is funding Foundation as part of 87th Swami for transforming their research projects on India. Birthday Celebrations of Dr. APJ lives by teaching Yogasanas, Abdul Kalam. Meditation and Vedic As an admirer of Dr. Kalam, Dr. philosophy – by improving their Viji with the support physical, mental and spiritual of charity health.
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