A howl goes up! Commotion! A plethora of humanist views, conservative
arguments!
Karunanidhi, whose cabinet had rejected the mercy petition
of these people 12 years back, pleads for their release.
Jayalithaa said initially that she did not have the power to recommend
mercy for these killers. A week later she does a "U" turn and passes a resolution in the assembly seeking the President to reconsider her decision!
“139 countries have abolished death penalty. Why not India?”
(An enquiry commission is needed on this. Someone says 180 countries, someone
else says 150 while others are content with less than100. Hope they don’t quote
higher number of countries than what exist in the world as having abolished death
penalty!)
“Execution punishes the person only for 5 seconds whereas
life imprisonment punishes him for years,” opines Ram Jethmalani.
“Sonia and Priyanka
themselves have no issue with showing them mercy; who are you guys to object?”
(Looks like families of victims have special pardoning power apart from
President and State Governors!)
Magnanimity! Generosity! Wow!
No, says the widow of a 26/11 victim; she points out in NDTV
that she is suffering life imprisonment, not Kasab.
No, say the widows of police personnel killed along with
Rajiv Gandhi; they argue vehemently against any mercy for Rajiv killers.
Again a no by the widows of security personnel killed in the
Parliament attack for any mercy to be shown to Afzal Guru.
“But this is rightwing cynicism! Hanging the killers is not
going to give them back their husbands.”
In that case life imprisonment or for that matter any
imprisonment also is not going to give their husbands back. Why punish the
killers, at all?
I am an ordinary citizen; UPA’s aam aadmi! I get confused
with these ‘for’ and ‘against’ arguments. A friend of mine helped.
‘Humane’ Death penalty is needed!
Also the laws in this regard have become arcane, he pointed
out. Whether President can
take 10 years to decide? Whether President is bound
by Council of Ministers’ opinion? Whether State Assembly can pass a resolution for review of decision on mercy petition?
A Jan Penal Code is the second need, my friend concluded.
Now I understand. After the Jan Lokpal agitation, I have
come to the conclusion that drafting a law will solve the problem- be it
corruption or death penalty.
For the uninitiated, Sec 302 of Indian Penal Code provides
for death penalty while Articles 72(1) and 72(2) of the Constitution empower the
President and State Governor respectively to grant mercy.
Here we have the draft of the new law.
Sec 302 of the Jan Penal Code to read as follows:
‘(1) While the Indian State recognizes the inalienable right
of everyone to commit murder and such other heinous crimes, it is constrained
to punish the guilty (achiever?) with death.
Provided that murder for the above Sub Section (1) does not
include accidental, inadvertent or premeditated, coercive killing of a person.
(2) Nothing contained in Sub Section (1) above will apply to
a murder committed by a person-
- who is a Tamil or a Malayalee or a Kanadiga or a
Telugu or a Kashmiri or a Bihari or a Gujarathi or a Maharashtrian or a Bengali
or who lives in any of the other Indian States as the relevant sentiments,
pride and culture of the State has to be respected or
- Who is not a citizen of India.
(3) To save the time of making a mercy petition to the
President or Governor, it is provided that every judgment of a High Court or
Supreme Court handing death sentence will automatically serve as a mercy
petition to the President or Governor.
(4) In order to avoid any delays in President’s or
Governor’s office in taking a decision on a mercy petition, it is further
provided that if the President or Governor does not take a decision within 30
days of the High Court or Supreme Court judgment, it will be assumed that he
has agreed to grant mercy.
(5) On the lines of Special Economic Zones (SEZ), the
government will announce from time to time Special Terrorism Zones (STZ) where Indian
or foreign terrorists are free to kill others and no court shall take
cognizance of the offence.’
Nice draft! Murder is not murder; no Indian or foreigner can
ever be punished under the above law!
But drafting a bill is not enough. You need to force the
government to pass the same in the Parliament.
My friend advised me to form a Criminal Society. Manishankar
Aiyer readily agreed to play ‘Arvind Kejrival’ for our Society. Arundhati Roy
will be our Kiran Bedi.
So we applied to P Chidambaram’s Delhi Police seeking
permission to undertake ‘fast unto death’ in Ramlila grounds. (We ignored the
plea of “Political Fasting” last week to leave her alone.)
The Delhi Police have given us the following “reasonable”
conditions for undertaking ‘fast unto death’ at Ramlila Grounds:
- We should not fast for more than 3 hours between
any two meals.
- We should not fast for more than a day.
- We should ensure that we do not get a crowd of
more than 10 people.
- While Delhi Police does not have any objection
to people parking their vehicles in their houses and attending the fast, it has
generously permitted the participants to park a maximum of 2 cars in NOIDA, 2
scooters in Gurgaon and one cycle in Chandigar. After parking their vehicles at
the above mentioned places, the participants can walk to Ramilila Grounds.
The fast unto death is scheduled for September 31st.
NDTV, CNN-IBN, Times Now and other channels have a permanent
off-site crew at Ramlila. Hence the event will be fully covered.
Please do not lose the opportunity to participate in this
historical movement.
Government can send Kapil Sibal to do the negotiations with
us.