DEATH SENTENCE The death sentence world over is being abolished as inhuman and to drastic It is not reformative in nature and at best seeks retributive justice, which in a way satisfies those seeking justice of revenge in retaliation The public memory is short lived and the intensity and details are forgotten , by the time the process of justice is finally completed .All sympathies and constitutional provision are for the accused . It appears that the unlucky, unfortunate victim had no constitutional rights to a natural and dignified death The family of the victim is often left to heal their wounds of personal loss The in ordinate delay in dispensing swift justice is at the core of the problem and frustrates those who seek justice for those killed brutally. Those waiting on the death row , suffer agony of living death in anticipation every day Then there is order of execution for execution , which cannot be skipped causing further delay The execution of death sentence is a scar on the family of the accused. If for any reason for the miscarriage of justice, the victims family will seek justice through discreet means by taking law into their own hands. Thus the circle of revenge continues. If the accused is set free , then he may also find solace in further criminal activity of revenge and vengeance The judicial process appears to be vitiated by fresh thinking. The hanging by the rope, delay in execution of death sentence and mercy petitions , interpretation of the principle of” rarest of rare” cases and presently law and order problem There is too much of discretion in the rarest of rare cases., so much so that the pleaders try and encompass every case under this category. The assassination of late P.M.Rajiv Gandhi, in the prime of his life, by an external premeditated plan is unpardonable .India was deprived of a potential youthful leader .The resolution by Tamil Nadu Assembly clamouring for commuting into life sentence is dangerous precedent for independence of Judiciary and due process of law. It amounts to subverting of the judiciary by the Executive and does not bode well for the future of legal procedure. Now the casual remark and loud thinking of C.M.of Kashmir that the hanging of Afjal Guru may cause wide spread law and order problem Those who sacrificed their life to save the Parliamentarians are remembered as a ritual, without the depth of their supreme sacrifice The best alternative to present controversies is to abolish the death penalty and reference to the President by way of mercy petition .The interpretation of life sentence as 14 years is absurd and should mean till death of the accused Many a condemned prisoner has reformed with useful thinking and change of heart Depriving an individual with civil liberties for life is much better punishment than swift death two wrongs do not make a right The clemency by the President is often given political tinge of discretion In the west the sentence of 300 years will show the gravity of the offence , though it may not be realistic and practical The crowding of jails is another issue that deserves planning and death sentence is not the answer The dangerous elements must not be released in the society, The system of pay role for exemplary cases is worth exploring Nelson Lopes Chinchinim 9850926276 n
