Friday, July 31, 2015

Justice delayed is justice denied: The tragic nature of carbon units


It is inhuman to keep a person on death row for more than two decades then execute him. In a civilised world any sane person should be against capital punishment, it is barbaric and questions the mode of State’s response.  This blogger has read and understood the arguments regarding capital punishment, as also some really riveting fiction works from Camus to Dostoevsky. Camus has been my favourite and I am quite influenced by his views. Therefore few years back I too had reservations on capital punishments but now realise that the issue is complex when it comes to Indian situations, one cannot be quite certain. It is contextual and needs to be applied as the situation demands, in the rarest circumstances. Human life is not sacrosanct, to argue that human life predominates everything else is placing it in ethical moral context created by religion. That is not how nature works, and human being is only minor but increasingly dominant part of narration called life. If one human being decides to take another human being's life or a set of people’s life then if investigation finds factors pointing to heinousness of the intent, as also other aggravating factors then that person very definitely loses his case on his own life. Clearly these are not confined to direct act of killing only but also to creating circumstances that degrades lives of community and causes deaths, hence needed be treated with equal seriousness. So the question of degrading the environment, ecosystem and thus putting lives of millions of humans and other species at risk is a serious matter. Psychopath capitalists rarely face death sentence, even the worst of offenders like Anderson are escorted out.

You have to live your life responsibly; if it grievously intrudes into others then you have to take the consequences. It may sound retributive hence uncivilized but then that is what punishment is defined as, there is inbuilt vengeance in the concept of punishment. If a person takes the life of another person, in a situation that points to heinousness, then that person will have to be punished in the severest form possible. Now whether that is to be capital punishment or life imprisonment is the question. Why this blogger favours capital punishment in such situation is based on realistic factors that are based on the tribulations facing this society, hence we cannot be compared with Europe or richer societies. India is a poor country where millions of people live under abject poverty and desperation; people die of malnutrition and diseases. They don’t get the attentions that is expected from the State, further the society is too skewed that makes the elite section extremely exploitative. In such situation the argument that perpetrators of heinous crime can have the option of comfortable stay and regular food is not acceptable. Why I use the term ‘comfortable’ is since if you compare the abject destitution under which millions of poor people exist then any concrete structure over head is undoubtedly comfort if not luxury, and to have access to regular food without any uncertainties is a dream for many therefore when these facilities are extended to perpetrators of heinous crimes, in the name of life imprisonment, it becomes a joke on lives of poor people in this country. Food and shelter is what millions of people don’t have (in cities there are many instances of them being crushed by vehicles as they sleep on footpath), and they are not violent and don’t kill other people. In most cases they are vicious outcome of skewed social circumstances and lack of enlightened policy making, therefore the state’s limited resources must go to these areas. Further, there are too many people, and the population keeps on increasing, under such circumstances heinous criminals cannot be guaranteed life. Keeping the carbon unit that is serious threat to society, having committed act of heinousness, is a waste and must be terminated. This might sound robotic but if you place yourself in abject poverty and crowded surroundings then you have to be practical. We are exploding quite rapidly, food is becoming costly, space for healthy living is reducing at a faster rate, surroundings are degrading and unsustainable. Freedom is only a notion for most people; they are trapped in the demeaning frameworks and primitive worldviews. It is worse than being imprisoned in a jail. Capital punishment therefore isn’t a bad option at all. It may or may not have deterrence but that is a minor issue.     
          
  We have to also factor in machiavellian elite who masquerade benevolence as they take sides depending on gains or high moral grounds that fetch precious price in West. They don’t live in congested places and diminished facilities, they don’t face daily abuses and threats. Indeed it can be argued quite easily that they themselves are in many way cause of these disparities that undoubtedly has historical reasons and contemporary apathy.  It is quite clear that Indian elite see these occasions to establish their ideas of compassion hence compassionate, in the meanwhile they quite firmly play to the international community as representing higher moral for Indians hence could be fed. It is held that capital punishment is barbaric and that many civilised countries have discontinued it. It is ironic but Indians cannot claim to be civilised, therefore you cannot create a superstructure of trying to be civilised while ensconced in primitive. This call for compassion and stampeding onto attention seeking issues is a clever ploy and opportunism. India has one of the tardiest judicial systems, common people languish in jails for years and years as under trials for pettiest of crimes (recently there have been attempts to mitigate these), and that is worse than capital punishment, these are living dead and that too people who maybe innocent. While there are successful lawyers and legal luminaries who walk on planet earth with faintest of bearings. What can be more brutal than this? Cases take years and years while the judiciary fattens on these miseries. The law and systems herein are archaic, many times continuing the colonial legacy. Life in this part of the world is much cheaper, this chest beating over capital punishment therefore smacks of same insensitivities as also moral arrogance that is so characteristic of Indian elite. If Indians have same living conditions and standards’ as Europeans and enjoy same alert law and machinery as also judiciary then we can debate on morality over perpetrators of heinous crimes. If Indian elite are as enlightened as any member of civilised society then they can take high moral grounds. In this skewed society with depraved traditions, very much tethered to primitive, they will not be allowed to take it to the next level. They will be reminded of home truths, it cannot be wished away nor will it be allowed to be cloaked in clever words. Actually Indian elite have much in common with market driven crude mainstream in USA –very much in consonance with white supremacist, both strangely skewed societies with high estimation about itself and considers oneself infallible, ordained by god’s special acts. Americans are violently moral, while Indians non-violently moral. Both lethal in their morality, and uses it in every opportune occasion to obfuscate the truth. One uses guns as weapon other uses clever words and depraved ways for spreading untold misery. One kills physically while the other kills the soul and degrades the humans. They both pride in democracies but end up ridiculous caricatures. It need be pointed out that a better part of USA is quite sane and vibrant hence the progress, that cannot be said about Indians who have the habit of living on others, hence static and perpetrators of heinous ways. Taking high moral grounds in vacuum that resembles Europe or other enlightened societies doesn’t work; the social circumstances and realities have to be factored in. It is a habit of Indian elite to take high moral grounds from most unethical and inhuman surroundings, it is their wont to use high flying words that carry no much meaning or intent, they satisfy their audience, grab and move on. It is the common people who have to face the realities and consequences. The tardy law and order machinery, a judiciary that perpetuates its own absurdities, political elite that preserves itself on pointers of feudalism, while the religious elites/priests arguably the worst scums on earth, and now we have to go through the deceit of bleeding heart primitives strategically placed around gravy pits as they negotiate nuances of pride, preference and prejudice. Afro-American community must ask this question to themselves: is it pride, or is it preference or is it prejudice that kills them?…to understand it they need to negotiate through vaginal superhighways and get into the mind of Indian elite, a wonderful world of depravity. 


If justice is delayed then it is justice denied. The judges must be held responsible, this blogger believes that Yakub Memon’s case was quite brutally handled since you cannot keep a person on death row for so many years, it is unethical. As also too much resources and money are being wasted. These cases should be finished within five years, or the person should be left free for the reason of incompetence of judiciary.  In the meanwhile a judge must be immune to political pressures and influences, as also be aware of social circumstances and inequities. It is clear that some death sentences are commuted to life imprisonment due to political reasons. The perpetrators of heinous acts like assassination of former PM should have been dealt long time back, they do fall into rarest of rare case so do the Delhi bus gang rapists. There are hundreds and thousands of farmers who are killing themselves. These are peace loving people, ordinary people, trapped in a system that doesn’t seem to be in their control, and are forced to take their own life. Isn’t society responsible for their deaths? There are millions of people dying and suffering because of lack of proper food, unhygienic surroundings and common diseases and infections that could be easily be cured. When you keep perpetrators of heinous crime under life imprisonment you are extending these facilities that are being denied to millions of marginalised common people, and that is immoral. Death sentences can only be discontinued as and when the society is egalitarian. The understanding of egalitarianism must start from how we treat common people and our surrounding, as also home truths.  The concept of egalitarianism shouldn’t be kept at the fancy of elite section, and debating club herein, those looking for traction and gaining points at international level. Resource stretched India as also world community is facing threats in terms of terrorism and complexities that arises herein, these need to be dealt accordingly. As is the case death sentences are used in rarest of rare cases in India unlike China or USA, and a more sensitive President would deny it further, hence capital punishment could be used judiciously as and when the need arises.