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2 EDITORIAL, Shall Government Kill.Pmd EDITORIAL Shall Government Kill ? THE year has begun with a brutal There is no evidence whatsoever that Universal Declaration of Human Rights travesty of justice. Thanks to the untiringly societies which inflict capital punishment to which India is a signatory. Amnesty courageous efforts of renowned advocate and other savage punishments like International, the organisation that works for Ram Jethmalani, it is now widely known flogging and mutilation have lower crime the observance of the Universal Declaration, that the evidence against Kehar Singh in rates. Nor is there any evidence that “opposes the death penalty in all cases.” the case of conspiracy to assassinate societies which have abolished these Amnesty argues that the death penalty does Indira Gandhi was absurdly flimsy, punishments have higher crime rates. not serve to protect society from violence. A substantially amounting to no more than Today, governments in many countries variety of other factors contribute to the his having had some private conversations are being pressured to abolish the death increase of violent crime: “Historically the with Beant Singh. Yet, the supreme court penalty. The UN general assembly has death penalty has been seen to bear chose to uphold the death sentence for taken the position that it is desirable to unequally and unjustly on the poor, on Kehar, and the president refused to extend abolish the death penalty and that “the minorities and on oppressed groups. ... The mercy, ignoring the many pleas from crimes to which it applies should be imposition of the death penalty negates eminent thinkers, jurists, and ordinary progressively reduced.” modern concepts of penology which are citizens. Kehar Singh and Satwant Singh Unfortunately, the Indian government, based on the theory that rehabilitation of were hanged on January 6, 1989. despite its stated commitment to human the individual criminal is possible. ... The In the Kehar Singh controversy, the rights, seems to be moving in the opposite conflicts which have led to the eruption of question of whether capital punishment itself is ethically justifiable has hardly been raised. Even people who in their private lives, shrink from bloodshed, often tend to assume that capital punishment is necessary, even desirable. Capital punishment is nothing but premeditated murder by the State. If killing by an individual from motives of revenge, greed or passion, is wrong, how can killing of an unarmed individual by a paid employee (the hangman) on the orders of a group of people, be right? The taking of a second life does not restore the first life that was taken, nor do two wrongs make a right. Capital punishment in a modern State is made to seem “civilised” because no one direction by increasing the number of political violence now and in the past, have individual seems responsible for it. Various crimes to which the death penalty applies. not been and cannot be resolved by the authorities and functionaries participate in Parliament has recently approved the execution of individual prisoners.” the killing but none is required to have it on death penalty for drug traffickers. There We in India have great traditions of his conscience. If, after the execution, it is was scarcely a murmur of protest, and it nonviolence and respect for all life. We discovered that the executed person was will be no surprise if government continues should resist any attempt to glorify the innocent — as has often happened — no to lengthen the list of capital crimes. We principle of revenge and to call it by the one can be held accountable. This should remember that at different times name of justice. All those concerned with mechanisation of killing makes it more, not and places, the death penalty has been building a humane society should work less, inhuman. Declaring his dissent from a inflicted for crimes ranging from adultery, for abolition of the death penalty in India supreme court judgement awarding the petty theft and prostitution to religious and should actively oppose attempts by death penalty, Justice Bhagwati said: “One dissent and criticism of rulers. government to apply the death penalty to innocent man being hanged should be The death penalty is violative of the more crimes. enough to wipe out the value of capital fundamental right to life and therefore of (See also Manushi No. 31, 1985, on this punishment for ever.” the Indian Constitution and of the question) NUMBER FORTY NINE, 1988 1.
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