Thursday 22 November 2012

DEATH PENALTY AND ITS DETERRENT EFFECT-

                                               
                                                  Ajmal Kasab's hanging has given a sense of justice and relief for many Indians for his role in Mumbai 26/11 Terror Attacks, but the other masterminds of Mumbai terror attacks are still at large in Pakistan, be it ISI and other Terror organizations.

                                              I strongly opine that homicide in return for homicide is barbaric as it resembles eye for an eye and tooth for tooth justice of medieval times and uncivilized.  France and Germany have completely done away with death penalty and reported lesser crime rates.  Many studys' conducted in US and some other countries where death penalty is still in force have proved that, it doesn';t have a deterrent effect on crime rate and more than death penalty, it's rigorous imprisonment for life that has more deterrent effect than death penalty. Incarceration for life proved to be  more effective in preventing repetition of the same or other crimes by the same convicts than that of death penalty.  In countries, where death penalty has been abolished less crime rates have been reported.

                                      Apart from incarceration for life, solitary confinement and shaming the person through social boycott etc are other options. For crimes of rape and acid attacks also, incarceration for life and the above two suggested alternatives could be considered as viable alternatives to death penalty in addition to confiscating the entire property of the criminal and paying it as compensation to their victims
 
                          Educating the guilty regarding the barbaric and heinous nature of their crimes and making them feel ashamed for their crimes and their crimes' lethal and traumatic impact on the  minds, limbs and lives of their victims  through reformist approach and making them truly repentant for the heinous crimes they've  committed on innocent fellow humans like Ajmal Kasab did on his victims lives would help curb the growing incidence of homicides and sexual offences including the diabolical acids attacks on innocent people.


                                                                   In India, after Kasab, the next turn awaiting death penalty is that of Afzal Guru. The Indian Supreme court  has  also recently commented that imposition of death penalty has largely remained a "Judge's Caprice and many a time it could turn out to be arbitrary".; subsequent to the punishment of hanging it came to be known that some innocents also had been hanged. For rapists and others who commit sexual offences of all kinds including pedophiles, castration is the best punishment apart from imprisonment for life in the true sense of the term. Incarceration for life shouldn't be for 14 or 20 years but throughout the person's entire  life with hard labour.

                                                              According to Jesus Christ "Hate The Sin And Not The
Sinner";  adage should be followed. Hence, we should follow this wisdom of Jesus Christ. No doubt Rapists, sexual offenders, acid attackers and murderers are committing heinous crimes on the lives  and limbs of innocents and are indulging in most diabolical and despicable crimes against the person and property of others thereby violating their victims precious human rights of life and limbs and other resources with impunity.

                                                         I am a champion of human rights, and stand for secularism, democracy, equality and feminism. If the convicts of  rape, other sexual offences and murdererss have lots of financial resources, it amounts to dispensing or meting out real or true Justice  to the victims of such horrendous crimes by subjecting such criminals to lifelong incarceration, castration(In case of sexual offences) in addition to compensation to victims. we should change the laws to confiscate such criminals' entire property and get it transferred to victims of such heinous crimes.. For sexual offenders, castration should be made mandatory apart from incarceration for the offenders entire life and confiscation of his entire property and disbursing it to the victims of his crimes.

                                                           Police and Prisoner's Reforms are the need of the hour.The unholy nexus between/among politician, police and criminals need to be broken at once,  and criminals however high, rich and mighty maybe should be immediately brought to book. Death penalty should be abolished forthwith,  if we really want substantial reduction in crime rates. Our men should be taught to respect women/girls  dignity and other human rights right from childhood and it should be inculcated in young boy's minds that girls or his sister etc are equal to them  and no less inferior to them. It should be rooted in the minds of boys right from childhood that girls are equal to them in all respects and they should be venerated and loved  instead of being treated as chattels and with contempt. As one loves  himself and his own life, it should be taught and firmly entrenched in young boys mindsets that others also have similar love for themselves and their lives and they shouldn't violate  fellow human beings' person be it  in the form of sexual violation or violation of dignity or life or limb of another person. Reformist approach definitely works wonders in changing the mindsets of criminals and substantial reduction in crime rates.

Ms.Nirmala P.Rao
Legal Expert and Political Analyst

www.wizard-legal25.blogspot.in 

                               

                               

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