What is torture
Report a torture
Case Studies
Enforced Disappearance
Report Disappearance
Case Studies
What are Minority Rights
Indian Minorities
Report An Abuse

View Existing Case Studies
Disappearances
Drugs
Campaigns
International
Mass Cremations Case
UN Events Calendar
UN in News
VFF in News
Why Death Penalty

The judge sits on judgment and decides a certain life must cease to exist. The judge has watched over the performances of the prosecution and the defense. The arguments have been put forward and a decision made. Language, logic and constructions to prove and to defend. A few good people on both sides do the best to their capacities and capabilities. One person mostly a mute spectator watches these characters perform and finally their abilities will decide whether this person lives or dies. The prosecution performs better or so the judge thinks and decides the person should cease to exist. All of this is being enacted in a 21st century court of the most populous democracy of the world and one that lives by the principles of Gandhi the epitome of peace.

Devender Pal Singh Bhullar a 39 years old lecturer of Electronics Engineering is one such example of India’s skewed system of capital punishment. A man sentenced to death for an alleged confession made not in the presence of a magistrate but in police custody; a police that is notorious for torture, disappearances and getting confession through threat and physical torture. Bhullar’s father was disappeared by the police in January 1991 and his family was continually harassed. He then decided to leave India for a safer place. He went to Germany and sought asylum. His plea was rejected by the German Government.
He was finally deported to India on January 19, 1995 and was arrested and charged with carrying forged passport and false documents under sections 419, 420, 468 and 471 of the Indian Penal Code and Section 12 of the Passport Act.
He was further booked in a case relating to a car bomb explosion in New Delhi in 1993 after he had allegedly made a “confession” while in police remand. The car bomb was apparently used in an attempt to assassinate Mr Maninderjit Singh Bitta, a politician. Although Mr. Bitta escaped with minor injuries, some of his guards and associates died. Besides, Mr. Bhullar, Mr. Daya Singh Lahoria and two other persons were named in the case. Mr. Daya Singh Lahoria was acquitted by the trial Court for lack of evidence. The two other accused were not brought to trial as their whereabouts were not known. Mr. Bhullar was tried by the designated court-I, Delhi, under TADA (Terrorist And Disruptive Activities Act). His trial lasted for six years and he was sentenced to death on August 25, 2001.
As Amnesty International says, “The death penalty is the ultimate cruel, inhuman and degrading punishment. It violates the right to life. It is irrevocable and can be inflicted on the innocent. It has never been shown to deter crime more effectively than other punishments.” As the statistics on their website points out very few countries actually practice capital punishment a ritual carried on from the medieval ages in the 21st century.

  • 89 countries and territories have abolished the death penalty for all crimes;
  • 10 countries have abolished the death penalty for all but exceptional crimes such as wartime crimes;
  • 30 countries can be considered abolitionist in practice: they retain the death penalty in law but have not carried out any executions for the past 10 years or more and are believed to have a policy or established practice of not carrying out executions,
  • making a total of 129 countries which have abolished the death penalty in law or practice.
  • 68 other countries and territories retain and use the death penalty, but the number of countries which actually execute prisoners in any one year is much smaller.
India is amongst the 68 countries which continue to have death penalty. Interestingly death penalty in India is selectively handed down to the members of minorities labeled “terrorists” but the members of the majority community have immunity especially if they have been accused of killing members of the minority.
Consider this:
Satwant Singh and Kehar Singh, Harjinder Singh Jinda and Sukhdev Singh (all Sikhs) have all been executed for their alleged roles. Convicted on circumstantial evidence (notably Kehar Singh) and without eye-witnesses. Mohammed Afzal and Bhullar on death row and both convicted on the basis of circumstantial evidence and “confessions” in police custody which both of them have retracted in court. On the other hand, no one has been awarded death penalty for the anti-Sikh pogroms in Delhi and anti-Muslim pogroms in Gujarat. The High Court set aside the death penalty for one Dara Singh a right wing Hindu found guilty of murdering Graham Stuart Staines an Australian missionary along with his two sons Timothy (aged 9) and Philip (aged 7). They were burnt alive while sleeping in their station wagon at Manoharpur village in Keonjhar district in Orissa, India in January 1999. According to the judge, “There is absolutely no evidence on record that due to the individual act of the appellant Dara Singh alone did the three persons die. No particular fatal injury to any of the deceased has been attributed to Dara Singh. Therefore, for the murder of three deceased persons, the appellant Dara Singh cannot be held individually liable though he can be held liable vicariously along with others.” The truth of the matter is that in this particular case there were eye-witnesses who testifies that he was indeed the one who had set fire to the station wagon.
What this article wishes to bring forth is the fact that sentencing a person to death is unacceptable. The justice in India would be better served if death penalty was abolished so that individual perceptions, judgments and prejudices do not take a life away.
 
Amnesty International USA: Most Recent English News Releases
Indonesia must stand up against torture and other ill-treatment
USA: Release or fair trials for all remaining Guantánamo detainees
USA: Legislation to Address Violence Against Women & Girls Worldwide Introduced in the House of Representatives
USA: Who are the Guantánamo detainees? Case Sheet 25
Israel / Occupied Palestinian Territories: Amnesty International calls for independent investigation into killings by Israeli Forces
Mexico: Torture and sexual violence against women detained in San Salvador Atenco - Two years of injustice and impunity
Spain: Constitutional Court reiterates need for effective investigation of all allegations of torture
BlogCatalog.com partners with Amnesty International for Bloggers Unite For Human Rights
India: Time to end the lethal lottery of India's death penalty system
Sudan: Arrest Now! Darfur, Sudan: Ahmad Harun and Ali Kushayb
Zimbabwe: Amnesty International Reports Police Raid on Election Observers' Offices in Zimbabwe
Sudan: Open letter to the United Nations Security Council
Sudan: Open letter to the European Union
Morocco / Western Sahara: Allegations of torture of Sahrawi human rights defender must be investigated
Saudi Arabia: Amnesty International Obtains Secret Video Showing Horror of Beheading in Saudi Arabia
Ethiopia/Somalia: Diliberate Killing of Civilians is a War Crime
Mozambique: Violent police assume 'licence to kill'
USA: CIA ACKNOWLEDGES IT HAS MORE THAN 7000 DOCUMENTS RELATING TO SECRET DETENTION PROGRAM, RENDITION, AND TORTURE
China:Amnesty International Says China's ArmsShipment to Zimbabwe Must be Halted
Etheopia: Amnesty International Demands Release of 41 Children Held by Ethiopian Military After Mosque Raid in Somalia
Lenient sentences for perpetrators of "honour killings" a step backwards for protection of women in Jordan
Zimbabwe: No supply of arms until state sponsored violence ceases
Central Africa: Governments and UN must join forces to secure release of kidnapped women and children
USA: Governments and United Nations Must Push for Release of 350 People Kidnapped in Central Africa by Lord's Resistance Army, Says Amnesty International
Nepal: Threat of lethal force an unacceptable escalation for Tibet protests
Thailand: The new Thai government must stand up for human rights of refugees
Appeal by the Secretary General of Amnesty International. End State-Sponsored Violence in Zimbabwe
Kenya: New government must ensure justice for victims of post-election violence
Brazil: In Brazil's Lawless Shanty-Towns, Women Face Devastating Toll of Violence, Finds Amnesty International Report
USA: Musician Tom Morello, Moazzam Begg Tackle Human Rights Abuses During Amnesty International Annual Conference in D.C.
 
 
Tibet: China Must End Rural Reconstruction Campaign
UN: New Leader Must Speak Out on Human Rights
China: Curbs on Lawyers Could Intensify Social Unrest
India-China: Tibetans’ Human Rights Are Not Negotiable
South Korea: Policy Shift May Help Rights in North Korea
China: Fewer Tibetans on Lhasa’s Key Ruling Body
China-Africa Summit: Focus on Human Rights, Not Just Trade
China: Beijing Must Disclose Execution Numbers
China: Permit Independent Investigation into Shooting of Tibetan Refugees
North Korea: Ending Food Aid Would Deepen Hunger
 
     
   
© 2007 Voices For Freedom All Rights Reserved