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Report No. 35

X. Experiment of abolition worth making

204. Experiment should be made.-

Progressive jurisprudence requires abolition.

Some country at some time has to make an experiment and go by this progressive jurisprudence. India, with its great traditions is more fitted to make this experiment than any other country. If crimes go up as a result of abolition, "Parliament will be sitting for seven months every year" and can restore capital punishment1.

1. Shri Bhupesh Gupta, Rajya Sabha Debates, 25th August, 1961, Cols. 1700 and 1701.

XI. Substitute possible

205. Reformation possible.-

Criminals can be reformed. They are the victims of circumstances. "They are bone of our bone and flesh of our flesh. They are from us and we should not be afraid of them. We should have faith in humanity; we should have faith in the goodness of man.1".

1. Shri Prithvi Raj Kapoor, Rajya Sabha Debates, 25th April, 1958, Col. 438.

206. Murderers can be reformed. Murderers who have been kept in prisons instead of being sentenced to death have proved to be the most docile and most obedient people1.

1. Smt. Savitry Devi Nigam, Rajya Sabha Debates, 25th August, 1961, Col. 1688.

207. No risk in abolition.-

The fear that abolition will create a sort of risk in the society is a fear not based on facts, and is "childish and primitive1".

1. Smt. Savitry Devi Nigam, Rajya Sabha Debates, 25th August, 1961, Cols. 1682 and 1683.

208. Abolition, by showing the State's reverence for life, tends to inculcate the same approach in the minds of its citizens, and decreases the incidence of murders1. By reason of the great example of acceptance by the State of the principle of sanctity of life, abolition would lead to a substantial and progressive diminution of murder2.

1. Ceylon Report, p. 38 et seq, Summary of Arguments, under " Long-term effect".

2. Shri M.L. Agrawal, Lok Sabha Debates, 24th August, 1956, Cols. 4345 to 4388.

209. Experience shows that there is no appreciable risk of convicted murderers killing again1.

1. Ceylon Report, p. 38 et seq, Summary of Arguments under "Alternative punishment".

210. Death penalty a lazy answer.-

Society can protect itself by other means, and the death penalty is no more than a lazy answer which hampers the search for effective means of curbing crime and a rational system of prevention1.

1. U.N. Publication (1962), p. 61, para. 228.

211. Deterrent punishments have not been able to check murders, and the time has come to replace them with some other punishment1.

1. Shri Raghunath Singh, Lok Sabha Debates, 21st April, 1962, Col. 309 (in Hindi).

212. Other methods should be tried.-

The only objects which can be justified in consonance with the modern tendencies, are prevention and punishment, and these objects can be achieved by means other than the taking of the life. Capital punishment is often abused, particularly for political purposes1.

1. U.N. Publication (1962), p. 61, paras. 221 and 223.

XII. Onus

213. Onus.-

The execution of a human being is a punishment of the most final nature, and those who advocate it must justify its morality and social utility1.

1. Ceylon Report, p. 38 et seq, Summary of Arguments under "Onus of proof".



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