“
Right way many be defined
As the creed of not killing” – Thirukkuralh 324
Think to slay and destroy lives, has not lead us
to the right conduct of enlightenment. This is from Thiruvalluvar’s Testament,
written some 2000 years ago.
In Sangam period [accounted 500 years ending with 2nd century AD] once Uraiyur
King ordered Death Sentence to one young poet Illanthathan. Great Saint Poet
Kouver Clar intercepted and avoids the sentence.
One of the Tamils great epic ‘Silapadhikaram’ raised in 3rd Century AD
emphasizes, “Injustice Death Sentence to Kovalan leads Kannaki, his wife to burn
Madurai city”.
Kulothunga Cholan who ruled Kongu Nadu in Tamil Nadu, between 1148 AD and 1183
AD has passed a resolution to abolish Capital Punishment in his ministry.
Mahatma Gandhi, father of Indian Nation once said, “No one has right to take
once life”.
India’s leading Human Rights activist & former Supreme Court justice Mr. V R
Krishna Iyer in his judgment, “Wherever a judge ordering for hanging, the flag
of Human Rights downs to half mast”.
Why does MANITHAM oppose the Death Penalty:
In Death Sentence –
• Total Denial of Human Rights
• Premeditated & cold-blooded killing of a human being by the State in the
name of justice
• Torture’s peak & edge of Cruel treatment
• Discriminatory and disproportionate against the poor, minorities, ethnic &
religious communities and to racial members
• If injustice occurred in the rare of rarest case, it could not bring back
once life
Interest in Larger Society:
It is not wise to continue by the government because a larger society is
supporting Death Penalty. In Rajasthan State in India, ‘Sati’ has been till
supporting by the villagers. In our Tamil Nadu also, in some temples, child
burial, walking over ladies by samyjies, biting bones of a dead body from
cemetery are considered as traditional habitual. But these practices have been
banned by the government. So in this civilized modern world, the Capital
Punishment should also be banned.
Researchers Verdict on Death Sentence:
Scientific studies have consistently failed to find convincing evidence that the
Death Penalty deters crime more effectively than other punishments. Research
findings on the relation between the Death Penalty & homicide rates, conducted
by UN in 1988 and updated in 1996 concluded as:
“Research has failed to provide scientific proof
that executions have a greater deterrent effect than life imprisonment and
such proof is unlikely to be forthcoming. The evidence as a whole still gives
no positive support to the deterrent hypothesis”.
UN’s Stand on Death Sentence:
In 1997, the UN Commission on Human Rights for the first time adopted a
resolution calling on all States that had not yet abolished the Death Penalty to
progressively restrict the number of offences for which the death penalty could
be imposed. Similar resolutions have been passed every year by the Commission.
IN fact since 1998, the resolutions also call on States which retain the Death
Penalty to declare a Moratorium [Temporary Halt] on all executions, with a view
to abolish the Death Penalty altogether.
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Death Penalty abolished |
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More than half the countries in the world
have now abolished the death penalty in law or practice. The numbers are
as follows: [Updated on 04-03-2004]
• Abolitionist for all crimes: 78
• Abolitionist for ordinary crimes only: 15
• Abolitionist in practice: 24
• Total abolitionist in law or practice: 117
• Retentionist: 78
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India’s Stand on Death Penalty:
Indian Criminal Procedure Code, 1973, section 366 to 371 reads about Death
Penalty. Indian Penal Code, Section 53 to 75 explains about Penalties, which
includes Death Penalty.
India has signed ICCPR on 10-04-1976 with some
reservations [articles 1, 9 & 22 reserved]. Article 6 of ICCPR speaks about
Death Penalty. UN in 1998, calls all States to declare a Moratorium on all
executions, with a view to abolish the Death Penalty altogether. But India
neglects to sign this Moratorium.
MANITHAM’s Stand:
• MANITHAM opposes the Death Penalty in
all cases without exception as it violates the right to life as proclaimed
with Universal Declaration of Human Rights
• We are asking Indian government to sign the
UN’s Moratorium on Death Penalty
• If the crime has been proved by the court, then the accused persons can be
imprisoned and not Capital Punishment, even in the rare of rarest cases.
• Victims on either side should be remunerated by the government.
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