Capital Punishment: A Barbaric Relic in a Modern Society

"The degree of civilization in a society can be judged by entering its prisons." – Fyodor Dostoevsky.

Introduction to the Landscape of Capital Punishment: Before delving into the discussion on the Trinamool Congress (TMC) of Bengal’s move to enact a law mandating the hanging of rapists, let us first take a sweeping glance at the global landscape of capital punishment—a complex canvas woven with threads of morality, legality, and cultural beliefs.

As of August 2024, the world stands divided on the issue of the death penalty. A significant shift has occurred, with 112 countries having abolished this ultimate form of punishment, renouncing it as a relic of a less enlightened past. Meanwhile, 54 countries still uphold the death penalty in both law and practice, holding firm to the belief that such measures serve as a necessary deterrent to the gravest of crimes. Then there are the 23 countries that, while retaining the death penalty in law, have turned away from its actual practice, having refrained from executions for at least a decade. A few nations, like Malaysia, have taken a middle path, easing their stance by partially abolishing the mandatory death penalty for certain serious crimes, signaling a gradual shift towards a more humane approach. 

This global panorama presents a myriad of perspectives, reflecting the deep and often conflicting values held by different societies on justice, punishment, and the sanctity of life. In such a scenario, enacting a law to HANG Rapists is just another route to take the world to savagery.

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In the labyrinth of legal and moral debates, the question of capital punishment has always sparked fierce contention. While some argue that it serves as a powerful deterrent, history and human psychology paint a different picture. 

Take, for example, the harsh punishments of 16th century England, where pickpocketing was deemed a capital offense, punishable by hanging. Yet, even with the gallows looming as a constant threat, did pickpocketing cease? Quite the contrary; crowds drawn to public executions often found their pockets picked, illustrating the ineffectiveness of fear as a deterrent. 

Moving to more contemporary settings, let's consider Saudi Arabia, where beheadings are still carried out in public squares, aiming to deter crimes like murder and drug trafficking. Despite these brutal measures, crime persists, suggesting that the spectacle of death does not cleanse the streets but rather, it desensitizes the public to violence. When the state itself employs death as a form of punishment, it sends a grim message: that brutality is acceptable under the guise of justice.

Closer to home, we have the political rhetoric of leaders like Mamata Bandyopadhyay (Banerjee). Despite her legal background, one could question her grasp of criminal psychology. 

Her call for capital punishment in certain henious crimes seem less about understanding crime prevention but more about appeasing a vocal, reactionary populace. 

Her stance, like that of many leaders, overlooks the complex motivations behind serious crimes like Rape - Murder, which are often rooted in social, economic, or psychological factors that a noose or an executioner's blade cannot address.

Capital punishment, therefore, is not just an act of violence; it is an abdication of responsibility, a refusal to engage with the underlying causes of criminal behavior. 

It is a reactive measure, not a proactive one. As mentioned in my recent blog post discussing SEBI's verdict on Debock Industries Ltd., real change comes from thoughtful, strategic actions, not from reactive measures that serve only to placate public outrage or garner votes.

The proponents of capital punishment often fail to recognize this distinction. They shout and play to the gallery, feeding into a cycle of violence rather than fostering a culture of understanding and rehabilitation. 

It’s a form of populism that might win votes but does little to uplift the moral and intellectual fabric of society. True progress, after all, is marked by the ability to empathize, to seek solutions that go beyond the simplistic binary of retribution and forgiveness.

Conclusion: Capital punishment, far from being a solution to grave crime, is a symptom of a society that has yet to evolve beyond its basest instincts. 

It brutalizes, it desensitizes, and most importantly, it fails. If we wish to build a just and humane society, we must look beyond the gallows and the chopping block, and towards a deeper understanding of justice, one that seeks not to destroy but to heal.