Criminals Have Rights Too – For Our Sake, Not Theirs

Recently the Supreme Court ruled that hangings cannot be carried out secretly and without first allowing the convict to inform their family members and seek legal counsel. Makes sense right? After all, one of the pillars of the Constitution and of modern society is due process. Secret executions, killings etc – these are the hallmarks of an uncivilized country. We like to think of India as being different in an otherwise “not-so-democratic” neighborhood with the likes of China, Pakistan and Afghanistan as neighbors.

So it’s pretty depressing to see so many people take issue with this sensible Supreme Court order. Apparently, a lot of them would like to see criminals hanged publicly – perhaps with more creative punishments thrown in. I know the TOI comments are a cesspool that many avoid to preserve their sanity, but I believe they provide a decent representation of what many people think. The anonymity lets them have a free platform for their unfiltered thoughts.

This lust for blood is so…medieval (for lack of a better word). It was just 500 years ago that people were hanging criminals publicly, where the crowds would come and jeer and throw stuff. Parents would prop up children on their shoulders to get a better view and it was a family occasion for all.

The current problem with this bloodlust in India lies in the fact that our judicial system is painfully slow – and as we’ve seen with Jayalalitha and Salman Khan, favors the rich who can get away with pretty much anything. So the natural solution is to clamor for blood, because people want to see justice done. Publicly, and with no fuss. Law, and the courts are viewed as tilted towards the criminals. This is why people supported the Dimapur mob who lynched a rapist while he was still in prison.

And nothing highlights the pitfalls of such bloodthirstiness than the Dimapur example, where we’re still not sure whether the man was guilty or not!

I understand – I really do. But we should keep in mind that being bloodthirsty and developing a taste for watching people get punished in public has its own hazards. Despite what it may feel like, we currently live in the most peaceful time in human history. The medieval ages, with all its barbaric punishments was never even remotely crime free. Instead, people got inured to violence and barbaric punishments.

The Indian judicial and legal system has a lot to answer for. We deserve better. But we have to guard against going in the other direction and losing our soul in the process. We preserve the rights criminals in this country, not for their sake, but for ours.

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