Capital Punishment justified or not
It is not against Human dignity rather it is in
favor of it
§ Gulbadin
Hmy
“Capital punishment or Death Penalty in the age of reformation is
uncivilized, barbaric and a medieval concept therefore it should be abolished”
this is the justification of almost every abolitionist. Sajad Bazaz (a columnist)
recently in his article titled as “Of Capital Punishment” has more or less said
the same thing that Death penalty undermines human dignity. The author also
said that it is a medieval concept that has no place in a civilized society
like ours. I want to ask Bazaz sahib that when a rapist or a murderer rapes a
woman or murders an innocent person what honor he holds for such helpless
victim-does he not undermines human dignity? Regarding its place in a civilized
society, I agree that it has no place in a civilized society but only for
civilized people. One who is a rapist or a murderer can we call him as
civilized? The answer is big NO because they are the enemies of humanity. I
believe Civilized does not mean wearing a suite or talking politely. To me
civilization means to live and let live a dignified life, to live with love and
to respect each others beingness.
A couple
of months ago we were having a debate in Law Society program on the same topic.
I happened to be one of the participants’ and to my utter surprise I found most
of the boys supporting Death Penalty especially for crimes against women but
most of the girls on the other hand were with the abolitionists. I presented my
paper more or less as follows:
As a rule
punishability, by and large, depends on the degree of culpability of criminal
act. The risk of penalty is the cost of the crime. Capital Punishment or Death
Penalty is the highest form of disapproval by the society towards an offence of
the offender.
Let us see if Death Penalty is justified or
not:
1.
Abolitionist
slogan is, “we kill people to show people that killing people is wrong.”
First of all, the slogan misses an important
point. The death penalty does not punish people for killing, but for murder.
Just because two actions result in the same end does not make them equivalent.
If it were so, legal incarceration would be equated with kidnapping,
self-defense with battery and so on. Therefore, the slogan is better stated, "We
execute people to show people that murder is wrong."
2.
In
arguments of Death Penalty there are two lives to think about. Too much
emphasis is placed on the convicted murderer, the one being executed and the
victim is all forgotten.
3.
I
wonder about one thing that Death Penalty is given to those whose guilt is not
only proved but proved beyond reasonable doubt; for his life everyone speaks
but who speaks for the victim-was his life of no value.
4.
Abolitionists
argue that by executing the murderer or a rapist you cannot bring the victim
back.
If it is
so then it is true with all punishments. We punish the guilty not to restore
the guilt but to do justice. Punishment is the disapproval and resentment by
the society for a deserving criminal.
5.
The
motive for Death Penalty may indeed include vengeance which is compensatory and
reparatory satisfaction for an injured party, group or society.
When
regulated and controlled by law, vengeance is also socially useful. Vengeance
solidifies social solidarity against law-breakers and probably is the only
alternative to the disruptive private revenge of those who feel harmed.
6.
Abolitionists
argue that innocents are being executed. This is no argument against Death
Penalty itself rather it may be an argument against the criminal justice
system.
7.
Death
Penalty is justified by Divine also. Almost all major religions prescribe Death
Penalty for many crimes, for example Islam prescribes it for adultery or
murder(subjected to certain conditions).
8.
What
punishment you have for habitual and hardened criminals other than Death
Penalty.
9.
We
justify Death Penalty when we are victims but when we are the culprits we
oppose it.
Ajmal
Kasab in India and Sarabjeet Singh in Pakistan are live examples. For the
former we demand Death Penalty but for later we say it is barbaric. (Singh is
to Pakistan what Kasab is to India).
10.
For
reformation if a murderer or a rapist behaves well in prison we say he has
reformed, he has now realized that what he did was wrong.
Does this
erase his guilt-of course not. He is to be given what he opted to and risked
for, by taking away my life you offer yours. Abolitionists also argue that when
you cannot give life then how can you take it. Is this also not applicable to a
murderer or a rapist? He kills the victim without being able to give him life.
If he does so then what is his life for.
11.
The
primary purpose of Death Penalty is to punish the Culprit. Deterrence is secondary
purpose e.g., a thief is given 3 years of imprisonment for theft, is this
imprisonment for his act i.e. theft or for the deterrence of others. The answer
is it is for both-firstly it is for his conduct and secondly it is also to
deter others not to indulge in such an act. If it deter others (which it of
course does) well and good even if it doesn’t then still you are punishing a
guilty and a deserving person not an innocent. If this deterrence would be made
the only yardstick then by analogy it would mean that Indian Penal Code should
be abolished as it has no deterrent effect because crime rate in India is day
by day increasing.
12.
You
see statistics about how many still committed crime even when Capital
Punishment was there, but what statistics you have about those who are actually
deterred by it.
13.
Even if you give such offenders life
imprisonment, still ends of justice are not met because first they are an undue
burden to state exchequer and second you are punishing thousands of innocents
including the victims by making them to pay for the maintenance of such
offenders by ways like taxes etc.
14.
Abolitionists also argue that the offender
gets no chance of reformation. I want to tell them that what opportunity had he
given to the victim who even is not given the chance to prove his/her
behalf.
Now, please I
am sorry if I hurt anybody, how many of you, especially who want Death Penalty
abolished will let me enjoy my life even in prison if I kill your father or
brother.
Let me end my arguments with a quote of
John McAdams
"If
we execute murderers and there is in fact no deterrent effect, we have killed a
bunch of murderers. If we fail to execute murderers, and doing so would in fact
have deterred other murders, we have allowed the killing of a bunch of innocent
victims. I would much rather risk the former. This, to me, is not a tough
call."
BALLB. 6th Sim.
Kashmir
University.
gulbadinhmy@gmail.com
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