The country is
seriously debating on the righteousness of hanging a
person whatsoever the crime is and howsoever serious it is.
Dhananjoy Chatterjee raped and brutally murdered
14-year-old school girl Hetal Parekh at her Kolkata residence
in Bhawanipur area on March 5, 1990. In January 1994, the Calcutta
high court sentenced Dhananjoy Chatterjee to be hanged until
death for raping and then murdering teenager Hetal Parekh.
The Supreme Court later confirmed the sentence. Ten years after
the order was passed, and after the West Bengal Governor
early this month rejected the application for reducing
his punishment, he was to be hanged at the Alipur Central Jail
in Kolkata on Friday, June 25. There are objections from
human rights groups and prominent personalities who oppose
capital punishment. Meanwhile, friends, relatives, even some
jail inmates have petitioned President A P J Abdul Kalam and
pleaded that Chatterjee's death sentence be commuted to life
imprisonment. The President stayed the June 25 hanging of Dhananjoy
and ordered the Home Ministry to review the punishment. The
status as of today is that the case had gone out of the purview
of even the Apex Court as the President of India has seized
of the matter under Article 72 of the Constitution which allows
him to grant clemency to the person who has been ordered to
be hanged.
The social activities
who are shouting against capital punishment argue that life
sentence is not going to prevent such crimes and in the
name of law, we should not repeat the crime what the accused
has committed. On the surface of it, taking life from any creatures
is against humanity, one should also ponder about the possibility
that nothing short of a severe punishment would help in sending
right signals to the society. It is very difficult to take sides
on either side on such issues. However, when this author posed
a challenge of to himself to take an unequivocal stance, a complete
balance sheet of rights and wrongs were tabulated. Based on
this balance sheet, this author pleads the Honourable President
of India not to below his dignity to
consider the clemency plea.
Not harming anyone
is the definition of humanity. But we should not invoke humanitarian
reasons to criminals who have violated the set norms of humanity.
On this logic, the social activists and Human rights activist
must have challenged the Indian Government whenever it retaliated
the attack of Pakistan - a civilized war (oxymoron) or whenever
we shot down the terrorists. The activists must have
demonstrated against BJP leaders who in 1992 indirectly insinuated
the murders of hundreds of people all over the country. The
activists should have protested and campaigned against Modi's
of the modern Hindutva India for what happened in Gujarat. The
very same activists who justify the clemency to Dhananjoy in
spite of the fact that he eliminated a young girl from this
world for his momentary and lewd sexual pleasure, should ask
for legal status for raping. It is not an emotional statement
as one can justify (on the same logic that has been put forth
to give Dhananjoy an undeserving life) that on humanitarian
ground women should come forward to help those men who crave
for flesh and sex by being their object of sex and in this process
if needed give up their lives too (because this is what
Hetal has to
undergo against her will).
Not punishing
a person with life imprisonment is an idealistic view. In a
world which is unfair with too many criminal activities, this
idealism would not work. Instead we should work towards
preventing such crimes in the first place. If we can not stop
crimes, we do not have any moral authority to try and
stop the punishment as is to be meted out to Dhananjoy. Otherwise
we are sending bad signals to the demons of his breed. Rape
is a serious offence and raping a minor is even more hidious.
Not only did Dhananjoy raped Hetal but also killed her.
I read somewhere
the following words: "My appeal to all of you is to look
at the whole thing a little more benevolently. If death has
to be answered with death, our planet would be one bloody place,
unworthy of living. I am sure all of you fellow human beings
agree to that". It is true that death can not be answered
with another death but how do we make sure that such dastardly
and ghastly crimes do not recur. If it was a crime of rape and
Hetal is alive today, I would ask Hetal to cut his penis in
public. Since it is also a murder, one should not consider
any request for pardon on humanitarian ground. Mr. President,
It is Below Your Dignity to Consider the Clemency Plea. Such
Ghastly crimes do not deserve Clemency from the Honourabe President.
The President must show to the country men that he is not only
simple, humble, and modest but also very strict when it comes
to discipline and sticking to law. I request the President not
to be swayed by the emotional appeal from various quarters.
The pardoning
of such inhuman crimes would prove to be an indirect approval
of such dastardly crimes. What does our law say as punishment
for a murder? If it is hanging unto death, why is there a provision
for clemency in our Constitution? Are we not inconsistent and
contradicting ourselves? If the law is Supreme, President may
be given the power to verify whether the legal procedures are
followed by letter and spirit and whether all evidences are
conclusively proves that the accused had done the crime. However,
no single person on this democracy should be given the right
or power to supercede the judgement pronounced as per the law.
If we do not agree to a law (in this case it is capital punishment),
let there be a referendum in the country and let us change the
Constitution if we agree as a nation to revoke it (either doing
away with the Capital punishment or Article 72 of the Constitution).
But the death penalty should not be carried out as per the
final will of the President of the day and then it becomes very
subjective.