Delhi case: Top 10 arguments of the defense team
[Editor: The Delhi, incident is unfortunate and very poignant. It is true that justice should be delivered so that recurrence of such cases are reduced. But at the same time, what all need to refrain from is trial by the media. There is no statistical evidence to prove that stronger laws has reduced ghastly crimes like rape. The rape cases in the US is much higher than in India, inspite of having better infrastructure for providing justice. Even the crime rate in India is less than that of Saudi Arabia, which has a sort of "Kangaroo Courts" to deliver one of the worst punishments.
Hence, at this moment what is necessary is that the government of India should come up with some innovative solutions to reduce this menace, instead of going for brutal policies. Moreover, a section of the media in India has most of the time tried to create unnecessary frenzy and mass hysteria, in certain cases to maintain their TRPs. It is really painful to see how a leading daily, named The Times of India carried, a front page article, on Sep 10, 2013, with the headline, "Burn them alive", which probably reminded all the sane individuals of medieval barbarity and wanton madness. The moot point is that "State Sponsored Murder" of the four persons will not bring the life of the person who is already dead.
These kinds of ghastly and heart wrenching incidents do occur in the annuals of history, but at the same time what is to be understood is not to get carried away by emotions or do something, which does not conform in accordance to the basics of human rights and ethics. In a democracy though decisions are taken based on the voice of majority but minority opinion should also be heard. What is to be remembered at this hour is that along with crime and punishment comes another two very vital words: repentance and pardon. Most of the established faiths of the world have given very importance to the last phrase. Therefore, the learned Judge, should consider all these factors before pronouncing any judgement.
Besides, in a civilized society, the argument of taking of life of another person, because of public outcry is neither, justifiable nor humane. Someone said long back: "Imperfect human beings deciding if other imperfect human beings should be executed by the state in the absence of self defense and heat of passion is itself cold blooded murder". Mistakes are committed by everybody and hence chance should be given to everyone to get reformed and create a a better society. Looking for some quick fixes to solve a major problem, might not be the right kind of approach.
Government should instead hook some great minds and ask them to go for a thorough research on the subject, to find out the most effective solution; to this burning problem. Remember, a huge number of convicts came from terrible upbringings. They had unhealthy home lives and were never taught how to act. With rehabilitation and proper guidance any society can give them a second chance, to come back to the mainstream Violence from any society needs to be reduced and that cannot be done, unless one type violence is made acceptable, to give legs to "Retributive Justice System"]
Hence, at this moment what is necessary is that the government of India should come up with some innovative solutions to reduce this menace, instead of going for brutal policies. Moreover, a section of the media in India has most of the time tried to create unnecessary frenzy and mass hysteria, in certain cases to maintain their TRPs. It is really painful to see how a leading daily, named The Times of India carried, a front page article, on Sep 10, 2013, with the headline, "Burn them alive", which probably reminded all the sane individuals of medieval barbarity and wanton madness. The moot point is that "State Sponsored Murder" of the four persons will not bring the life of the person who is already dead.
These kinds of ghastly and heart wrenching incidents do occur in the annuals of history, but at the same time what is to be understood is not to get carried away by emotions or do something, which does not conform in accordance to the basics of human rights and ethics. In a democracy though decisions are taken based on the voice of majority but minority opinion should also be heard. What is to be remembered at this hour is that along with crime and punishment comes another two very vital words: repentance and pardon. Most of the established faiths of the world have given very importance to the last phrase. Therefore, the learned Judge, should consider all these factors before pronouncing any judgement.
Besides, in a civilized society, the argument of taking of life of another person, because of public outcry is neither, justifiable nor humane. Someone said long back: "Imperfect human beings deciding if other imperfect human beings should be executed by the state in the absence of self defense and heat of passion is itself cold blooded murder". Mistakes are committed by everybody and hence chance should be given to everyone to get reformed and create a a better society. Looking for some quick fixes to solve a major problem, might not be the right kind of approach.
Government should instead hook some great minds and ask them to go for a thorough research on the subject, to find out the most effective solution; to this burning problem. Remember, a huge number of convicts came from terrible upbringings. They had unhealthy home lives and were never taught how to act. With rehabilitation and proper guidance any society can give them a second chance, to come back to the mainstream Violence from any society needs to be reduced and that cannot be done, unless one type violence is made acceptable, to give legs to "Retributive Justice System"]
1) Batla house accused got life; was let off due to politics, why death for these rape accused now?
2) Why Parliamentarians accused in dacoity, rape and murder are not tried by fast-track courts?
3) Poor get jailed as they can't hire good lawyers. Judge replied, "why say now after the trial"
4) Crime not pre-meditated and happened at the spur of the moment. Court should be lenient as the accused is very young
5) Convict Vinay Sharma is a good student and has applied for the Air Force.He did not commit the crime
6) Akshay is responsible for his ill parents, wife and child. He should be shown mercy.
7) Convict Mukesh Singh's lawyer says, 'Yeh baade bhai (Ram singh who committed suicide) ke chakkar mein phans gaya"
8) Invoking Mahatma Gandhi's name, lawyer A P Singh says "God gives life and he alone can take it and not man-made courts"
9) Life imprisonment is the rule and death penalty is an exception.
10) Death is irreversible; purpose of justice is reform and reconciliation
Courtesy: www.sify.com
