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Fwd: [nukkad] Capital punishment



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From: "Pankaj Gupta" 
To: , <nukkad-list@yahoogroups.com>
Subject: [nukkad] Capital punishment
Date: Sat, 30 Nov 2002 19:58:45 +0530

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Dear All,

Many of you have presented your views on the capital punishment for rape.
Some find it the only way, some find it one way, and some outright reject
it. The cause for rejection is cited as the fact that it is against Gandhian
principle of non-violence or some similar reasoning. Homi ji raises
pertinent point when he asks would it actually stop the crime? Here is my
response to the topic.

The primary objective of any punishment is dual: First, to respond to the
crime, and second, to set a precedent. Capital punishment might not serve
the first objective reasonably well, as perhaps, it might be a punishment
too hard, or due to the other reasons presented by various respondents here.
However, and here I would like to respond to the question raised by Homi ji,
a series of highly publisized death sentences would set the bar that much
higher for the rapists-to-be. The action itself would make them stop. A
child is not stopped from venturing in the deep waters by his parents
admonitions. But convince him that he is scared of going into water, and he
will learn the lesson. So, a capital punishment would only be justifiable in
the case these examples are suitable publicized. We must realize the fact
that even a death scare doesn't stop some people from taking part in
unprotected sex. However, most of the times ignorance is the cause for such
foolhardy. With capital punishment in place, it would be easy to view even
future rapist as a prospective victim to his folly. In such case, it would
help to allow him to know what would follow from his action.

In most cases, rapists are acquaintances. In such cases, it is lesser a spur
of moment action. Stopping such rapes is much greater a social issue and
needs to be addressed by eliminating the prevalent, skewed social-structure.
Even here, above step might prove to be a deterrent. The burden lies upon
the society to make it as obvious and easy for one to report to the police
of a rape as if someone inflicts a bodily injury.

However, strict laws shouldn't result in harassment men unduly targetted in
such cases, as has happed in a number of workplaces with false sexual
harrassment law-suits. I must say, though, we are quite far from that day
and to the present, we must go ahead and allow ourselves this bitter pill
for a more humane face tomorrow.

Thanks.

Pankaj Gupta


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