October 10th was declared as the World Day Against the Death Penalty in 2003 by the World Coalition Against the Death Penalty. The ongoing debate has again arisen on the issue of the existence of the death penalty in India, since the Supreme Court of India upheld the decision of the special court in meting out capital punishment to Mr. Mohammad Afzal for an attack on the Indian Parliament on 13 December 2001. The date of execution has been fixed for October 20, 2006 by the court.
We strongly oppose the hanging or any other form of execution of any individual by the state, because it is inhumane and barbaric. Furthermore this practice has shown that it is ineffective in deterring crimes and that it can result in grave miscarriages of justice to anyone; instead through use of this practice, progressive civilization returns to medieval barbarism.
We repose our faith in the abolition of the death penalty. We note that the hanging of Mr. Dhanajoy Chatterjee, a convict in a case of rape and murder from the state of West Bengal, on 14 August 2004 did not minimize the number of rapes or murders in that state.
During investigation of an offense, the trial of an accused or the conviction of a person, human error can obviously be involved in the process, which cannot be ruled out in any case. However, the punishment of execution is irreversible and cannot be corrected if any error that led to the conviction is found later on. In India, the poor and under-privileged mostly bear the brunt of capital punishment, as they are financially incapable of defending themselves within a faulty legal system, which has become a commodity of the rich. Crimes often have their roots in the socio-economic system of the country. To prevent crime India must first eliminate discrimination in society and establish the rule of law.
Afzal’s predicament, which finds him waiting for the gallows, is not expected to bring about any positive change, even after his final execution, as the death penalty fails to provide any deterrent in the country’s politically volatile atmosphere. Under the current scenario, Afzal will become a martyr to a certain section of people if he is executed. The very nature of the situation in Kashmir should be accepted as a political problem and it should be solved with political initiations only.
The abolition of capital punishment is a hallmark of a civilized society. As many as 129 countries have either abandoned the practice or abolished the death penalty. The retributive theory of punishment is not acceptable to the modern world. The President and Chief Justice of the Supreme Court of India have expressed similar views and are strongly advocating for the abolition of the death penalty. However, this barbaric practice remains in force in India.
India must ratify the 2nd Optional Protocol of the International Convention . We demand the abolition of the death penalty in India.
* Manabadhikar Suraksha Mancha and Campaign Against Death Penalty are human rights groups based in India
