Why cries for “no death penalty” are bogus

This post originally appeared here.

President Pratibha Patil confirmed the death sentence awarded to former Prime Minster Rajiv Gandhi’s assassins. The sentence itself came about after a long trial process in our courts. One would think that law being followed to its logical conclusion would be welcomed by all. But this is not the case.

For their own political reasons, Tamil Nadu politicians have asked that the death sentence be commuted. Our human rights activists and liberals do not have to worry about votes, but they have joined the clamour. “No death penalty because it is inhuman” they say. Curiously one sees a sudden rise in such campaigns by human rights activists and liberals only at opportune moments. At all other times such cries are nowhere to be heard. If they were indeed so passionately against capital punishment they would have been more consistent. Needless to say that is not the case.

This concern for human rights is lacking in balance. In the case of a murder or an assassination the first human rights abuse is by the perpetrator who takes life of the victim. The victim suffers loss of life. Any and all human rights of the victim cease to exist with loss of life. It would only be natural to expect that those violating rights of the victim be made to face the full extent of law and suffer any consequences provided by the law. After all, a civilized society is governed by rule of law. And death sentences are handed out by courts after following laws laid out by civilized societies. Yet we seem to have a problem.

The human rights clamour seen for convicts invariably reaches fever pitch but in contrast we hardly hear anything by the same group for victims. Victims are the ones who have lost and suffered the most. They are in need of justice for suffering loss of rights. But one does not see any such campaign worth talking about for the victims. Justice being done to victims following the course of law is being denied by the human rights activists in their opportunistic cry for “no death penalty”. That irony is lost on them.

When one sees this convenient cry for abolishing capital punishment one cannot help but question principles of such rights activists. Sincere intentions would have been evident if campaigns were sustained, consistent which would have resulted in either starting a meaningful debate or having death penalty abolished. Instead we have these intermittent cries at opportune moments.

Looking at the conduct of some of our career human rights activists and liberal opinion makers it seems that their campaigns are designed, calculated with possible benefits in mind. Some of them have indeed succeeded in benefiting from their calibrated campaigns and also have earned patronage from expected quarters. What is lacking is an objective scrutiny of their record as activists. Such a scrutiny is likely to show their failure in bringing about any meaningful change to human rights issues.

More equal that others

While the Sadhvi and army men continue to suffer under fabricated charges and a sham of an investigation, the usual shrill voices of the sundry "concerned" citizenry, "human right" voices and commentators of vacuous intellect have been conspicuously missing. This motley crew has been vociferous in defending Jihadis accused of the numerous blasts across the country. Apparently every Jihadi arrested suffered "police atrocity" and "human rights" violation. However, all that zeal is missing in questioning the ATS's handling of the Sadhvi case.

A simple look at the affair will indicate lapses by the ATS in conforming to the rules of investigation. The Sadhvi had a chance to speak (only for 5 minutes though) to her lawyer Ganesh Sovani. And those few minutes yeilded these facts -

"According to section 50-A of the Criminal Procedure Code, a detainee or accused has to be produced before a magistrate within 24 hours. We would like to know why the ATS didn't declare her arrest on October 11," Sovani said.

And -

Sovani has also alleged that National Human Rights Commission guidelines issued to all chief secretaries of states and Union territories on January 11 , 2000, relating to the administration of Polygraph Test (lie-detector) on an accused was not followed as the test was conducted without the subject's consent, which should have been recorded before a judicial magistrate.

It seems that the "police atrocities" and "human right" violations do not apply to a Hindu Sadhvi or the army men. Jihadis are more equal than others. While the mainstream media and their convenient commentators have gone to town labelling Hindus as terrorists, these inconvenient details were given a miss. No sooner does one test or interrogation fail, curiously enough, some new theory emerges either from the ATS or the media. The campaign to malign Hindus is relentless. So resolved is the media to attain this, the October Assam blasts were only a momentary distraction for them, after which, selling this new pet story of theirs resumed.

However, it is heartening to see increasing support for the Sadhvi among the people. Various political leaders have now voiced and offered their support including the BJP and RSS after fumbling earlier. Indians from Abroad too are now offering support. It seems that Hindus are waking up. The awakening must continue until until justice is achieved and Jihad quashed.