I was referring to Dhanjoy chaterjee incident On Thu, Sep 25, 2008 at 12:04 PM, damodar prasad <[EMAIL PROTECTED]>wrote:
> I think the issue of "Caste-lessness" of judiciary was well noted. As Bobby > has indicated the capital punishment is a grievous issue. There has been a > considerable debate on this. Still, the prevailing discourse added with > middle class sentiment tends to favour the capital punishment. Even the > otherwise progressive (Liberal) Left had favoured capital punishment echoing > the middle class sentiment as evident in a recent case. > > On Thu, Sep 25, 2008 at 11:10 AM, ranju radha <[EMAIL PROTECTED]>wrote: > >> it d be noted here that the court has refused to consider this as a case >> of caste atrocity. >> that is the politics of indian judicial system >> >> On Thu, Sep 25, 2008 at 9:49 AM, Bobby Kunhu <[EMAIL PROTECTED]>wrote: >> >>> Having been part of a research on the implementation of the SC/ST >>> atrocities act, while there is a sense of relief that, in this country >>> finally there is a move towards legally punishing perpetrators of >>> caste-based violence, I am worried about the extremes. While agreeing with >>> the prosecution case about the gravity of the offence, I believe that it >>> also is a moment to express a collective voice against capital punishment. >>> This becomes an even more pertinent issue given the kind of prejudices >>> that the Indian legal system operates within, victims of this most often >>> would be people from marginalised backgrounds. To quote from an Amnesty >>> study; >>> >>> *"As the study relied on reported judgments, it was bound by certain >>> limitations. For example, the socio-economic background of defendants does >>> not normally emerge from the rulings, as it is judicial practice in India to >>> avoid references to caste, community, religion and other socio-economic >>> factors relevant to the victim or the accused, unless seen to be of direct >>> relevance to the adjudication of the case. It is therefore almost impossible >>> to analyse the impact of the application of the death penalty on members of >>> particular religious or caste groups through a study of the judgments. There >>> is an urgent need for more detailed studies, including detailed analyses of >>> individual cases. Other countries have been shown to be using the death >>> penalty in a highly prejudicial manner against individuals based on their >>> ethnic origins or similar factors. For example, in the United States of >>> America the death penalty has been shown to be disproportionately used >>> against African Americans." >>> * >>> The full study can be accessed at >>> http://www.amnestyusa.org/document.php?lang=e&id=ENGUSA20080502002 >>> >>> Warmly >>> >>> >>> ---------- Forwarded message ---------- >>> From: Ajay <[EMAIL PROTECTED]> >>> Date: 2008/9/25 >>> Subject: Death for six in Khairlanji case; two get life term >>> To: >>> >>> >>> *Death for six in Khairlanji case; two get life term * >>> Special Correspondent *"Capital punishment given for first time to >>> killers of Dalits" * >>> ------------------------------ >>> * >>> >>> Verdict comes five days before the second anniversary of the killings >>> >>> Subject to confirmation by HC: defence lawyer >>> * >>> ------------------------------ >>> >>> MUMBAI: In a historic verdict on Wednesday, the ad hoc sessions court in >>> Bhandara handed down the death sentence to six persons in the Khairlanji >>> massacre case. Two others held guilty were given life imprisonment. >>> >>> On September 15, sessions judge S.S. Das convicted eight of the 11 >>> accused of murder, rioting with deadly weapons, unlawful assembly and >>> suppression of evidence, while acquitting the other three of all charges. >>> >>> The court found no evidence under the Scheduled Castes and Scheduled >>> Tribes (Prevention of Atrocities) Act and Section 354 of the Indian Penal >>> Code, which refers to assault or criminal force with intent to outrage the >>> modesty of a woman. >>> >>> While Gopal Binjewar and Shishupal Dhande were given life imprisonment, >>> Sakru Binjewar, Shatrughna Dhande, Vishwanath Dhande, Ramu Dhande, Jagdish >>> Mandlekar and Prabhakar Mandlekar were sentenced to death. >>> >>> Welcoming the verdict, Ramdas Athavale, Republican Party of India >>> (Athavale), said it was the first time in the country that six persons were >>> given the death sentence in a case of murder of people belonging to the >>> Scheduled Castes. >>> Speedy trial >>> >>> Activist and journalist Milind Fulzale from Yavatmal told *The Hindu *that >>> in the cases of the Gavai brothers, who had their eyes gouged out in the >>> 1970s; in the case of the Thombre brothers, who were killed at Kalamb in >>> Yavatmal in 1997 during Holi; or in the case of Pochiram Kamble, an activist >>> burnt alive during the struggle to rename the Marathwada University, nothing >>> happened. Though cases were filed, either the matter was suppressed or some >>> light sentence handed down. This was the first time the court conducted a >>> speedy trial and awarded the death penalty, he said. >>> >>> The verdict comes five days before the second anniversary of the >>> Khairlanji killings, which occurred on September 29, 2006. The crime sent >>> shock waves across the State. Four members of the family of Bhaiyyalal >>> Bhotmange — his wife Surekha, daughter Priyanka and sons Roshan and Sudhir — >>> were killed near their house at Khairlanji by a mob from the village. >>> Bhaiyyalal satisfied >>> >>> Bhaiyyalal expressed satisfaction with the sentence. Soon after the >>> incident, he demanded that all the culprits be hanged. After the conviction, >>> he expressed disappointment that three people were acquitted. He demanded >>> that the CBI gather fresh evidence against those acquitted and also against >>> the 35 people discharged from the case earlier and proceed against them. If >>> the CBI did not do this, he said, he would move the Bombay High Court to >>> demand a fresh investigation against the three. >>> >>> Ujjwal Nikam, special public prosecutor, had demanded death sentence for >>> all eight accused, saying this was the rarest of rare cases and brutal >>> murder diabolically conceived. He told *The Hindu* that the judgment was >>> a historic one and would send a strong message to society and act as a >>> deterrent. >>> >>> Neeraj Khandewale, defence lawyer, said the death sentence was subject to >>> confirmation by the High Court. "Actually this is not the rarest of rare >>> cases but unfortunately the court has awarded the death sentence. We are yet >>> to get copies of the judgment and we will decide on the question of >>> appealing in the High Court after that." >>> *Related Stories* >>> Khairlanji murders: 6 get death sentence, lifer for >>> 2<http://www.hinduonnet.com/thehindu/holnus/000200809241440.htm> >>> Editorial on the murders: Khairlanji's >>> shame<http://www.hinduonnet.com/2006/11/20/stories/2006112004091000.htm> >>> One year after the murders: Fear haunts Khairlanji >>> Dalits<http://www.hindu.com/2007/09/29/stories/2007092961981500.htm> >>> Verdict leaves Bhotmange dazed, >>> disappointed<http://www.hindu.com/2008/09/16/stories/2008091655801100.htm> >>> *~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ >>> "Ours is a battle not for wealth or for power. >>> It is a battle for freedom. It is a battle for the reclamation of human >>> personality." >>> - Dr BR Ambedkar >>> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~* >>> >>> >>> >>> -- >>> Bobby Kunhu http://community.eldis.org/myshkin/Blog/ >>> >>> >>> > --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send email to greenyouth@googlegroups.com To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB -~----------~----~----~----~------~----~------~--~---
