By K. Balagopal
Posthumous selection of okay. Balagopal's writings(reports, petitions, contributions to the clicking and crusade fabrics) on Capital Punishment in India.
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Additional info for (Writings of K. Balagopal) Of Capital and Other Punishments
Sample text
But that is different from saying that individualisation of the protest can be an efficacious way of fighting for abolition of Death Penalty. It can never be. If we wish the campaign to be efficacious, we must overcome the temptation to stick to the cosy company of the politically likeminded. There is, as they say, no time like the present. Since more than one campaign on individual cases is already underway, it is time to get together with a single slogan: do away with Death Penalty in Indian law, for it has neither reason nor expediency to commend it.
Capital Punishment, or any kind of harsh punishment, not to speak of tolerance of extra-judicial punishments inflicted by the police or armed forces, are ruled out because they put excessive blame on the individual’s -- or the dissident group’s -- perverse rejection of the law, and moreover reduce criminal justice to an answer in kind. 34 K. Balagopal We live in times of severe social turmoil, crisis and the ascendance of the extremely illiberal politics of the Hindu fanatics. The crisis and the turmoil provide them with enough scope to legislate their illiberal attitudes with unreflecting popular sanction.
One of the grey areas of Constitutional interpretation is whether the President, while exercising the sovereign’s power of clemency, is bound by the opinion of the Union Cabinet as he is in the exercise of less exalted executive powers. It depends on the relative obduracy of the Union Cabinet and the Presidential conscience whether this issue is going to be settled now. That Death Penalty is objectionable, among other things, because it reeks of revenge is a well known argument. It is not that the desire for revenge is necessarily inhuman, for we all know of situations where we sympathise with that desire in victims of injustice.