Re-Enforcement Of The Death Penalty – A Point Of View
P. Soma Palan
Presidential action to re-enforce the Death Penalty for those convicted of Drug Trafficking, which is the decision of the ruling Government, has engendered much debate and controversy in the Media. It has also raised International concerns, as expressed by the European Union and the United Nations Human Rights Commission.
Crime of Murder and Narcotic Drug Trafficking
It is not categorically stated that the Sentence of Death will be enforced for both crimes of Murder and Drug Trafficking, as media reports is only focusing on Drug trafficking. Thus, there is lack of clarity. If it is in respect of Drug Trafficking only, and not murder, then it is grossly iniquitous, because crime of murder is the most heinous and gravest than Drug Trafficking. Murder is killing a human being. The right to life is sacred and inviolable. Those who kill another human being forfeit the right to live. To protect the principle of the right to life,deterrent punishment of death is a necessity. Drug trafficking and peddling is not a direct threat to right to life. It is a remote cause shortening the life of the drug user. But use of drugs destabilize the society by consequential criminal violence, murder, rape etc. Equating drug trafficking with homicidal murder is a grave injustice. It is against the judicial principle that punishment should be proportionate to the crime committed. A longer sentence of imprisonment or life imprisonment is reasonable. Therefore, imposing and executing the death sentence for Drug trafficking is not maintainable on legal principle.
Destroy Drug Trafficking at its Source
The remedy for the Drug menace lies not in punishing the offenders with the death sentence, but in applying stronger and stringent methods of Policing by the law enforcement Agencies. Drug trafficking is a super-lucrative business. The enormous street value of narcotic drugs means, it requires vast capital investment. This could only be generated by the most resourceful individuals, enjoying power and influence. Drug trafficking, therefore, cannot be engaged in by lower and middle tiers of society. The actual physical traffickers of narcotic drugs are mere instruments/ accessories in the crime. In Law, any crime has two components, that is, the Principal and the Accessory. The Principal and the Accessory could be one and the same person or two different persons. The “ doer” and the Mind behind the doer. This corresponds to the legal concept of “ Actus Reus” and “ Mens Rea”. In Drug trafficking the”doer” are mere instruments in the command of the “minds” behind the crime, who are resourceful and influential people. It is said that some Politicians and even Monks are behind the Drug trade. In this scenario, is it justifiable to punish the smaller fry with death, while the big sharks get away. My argument against the death sentence for drug traffickers is not on the grounds of misplaced religious grounds, but on principles of law and justice.
Remedy is not enforcement of the death sentence to Drug traffickers, but effective and stringent Policing to destroy it at its source. Effective and innovative methodology should be employed to link the traffickers to its source, the Drug Mafia. It is through the traffickers that the Drug Mafia could be traced. In Drug trafficking, possession of Narcotic Drugs is vital to the evidence. The traffickers have the possession but not the Mafia, the brains behind the trade. Ingenuous investigative methods should be applied to link and rope in the real Traffickers, the organized Mafia.
Activate the Death Sentence for those convicted for Murder
It is not for Drug Trafficking, but for the crime of murder that re-enforcement of the death sentence , a vital necessity. The rising wave of murders taking place in the country can be arrested, if not eliminated. A deterrent punishment with death will make a potential murder think twice, before committing this diabolical crime. To say the death sentence has no effect on the rate of fall of crime is not the issue. The principle of justice demands that those who intentionally kill another fellow-human being, has no right to live. The sanctity of the right to life must not only be protected but also vindicated, if violated. If the right to life has to have any meaning, its violation should be punished by denial of that right to the violator by the State, which is lawful killing. To say such lawful killing of a human being is inhuman and barbaric is not rationally defensible, on moral and religious grounds. It is in furtherance of the Law of Dharma.
