A Joyful Experience

...from Hooghly to Hyderabad and beyond.

Thursday, May 06, 2010

Justice

The day ended with a happy note for me today as a bit of good news found its way onto my Facebook homepage this evening. It was the news that Ajmal Kasab, the lone terrorist captured alive in the 26/11 Mumbai attack, had been sentenced to death. It was a much awaited decision, and one that I expected to be widely welcomed despite being too little and too late. A little later, I was proved wrong by two friends (and several unknown people on Facebook) who protested vehemently against the decision. So this post is to clarify my stand on this issue.

If, as a reader, you are disgusted at the tone of glee I express at someone’s death sentence, please read on. This post is particularly for you.

I am usually bad at remembering names, but one name got indelibly etched in my memory the day I heard it almost eleven years ago. The name is Ripen Katyal. It belonged to a 25 year old man who was returning from his honeymoon trip to Nepal on Indian Airlines flight IC-814. His crime was the same as mine – being a citizen of India. The plane was hijacked and taken to Kandahar via Lahore. Ripen’s throat was slashed for not following the hijackers’ instructions while a government that prided itself on testing a nuclear bomb in a desert tried to think of a plan. After several days, three of the most dangerous terrorists ever caught in India had to be returned to Pakistan in exchange for the planeful of people. Only Ripen Katyal didn’t return.

I asked a lot of questions then which remained mostly unanswered. One of them was, why couldn’t they have put a slow acting poison in the three released terrorists’ last meal with the Indian authorities? I was told that wasn’t playing fair – as if hijacking a plane was playing fair. But the question that most Indians asked was, why hadn’t these terrorist masterminds been killed already? Although the answer provided by the government was vague and unconvincing, today’s incident proved that Indians seem to have learnt a lesson since then as the judge handling Kasab's case said today.

Describing the 22-year-old Lashkar-trained terrorist as "a menace to society", Tahaliyani specifically alluded to the 1999 Kandahar case in 1999, when an Indian plane was hijacked to free dangerous terrorists who were imprisoned at the time. "Keeping him alive would be a constant danger to government and the state," he said.

Now a number of people, some of them my friends, are arguing about the relevance of capital punishment in civilized society. They say the state should be compassionate. The state does not have the right to kill anyone just because it does not believe in their ideology. Only people like Kasab have the right to kill. Well, ok, my friend didn’t really say that last one, but you get the gist of what he meant.

The funny thing is, I would have loved to agree with them. I would love that because then that would have meant we live in an ideal society where every criminal commits a crime for his “ideology” and reforms himself when given a chance. However, we do not live in such a world, and so, punishment for crime becomes necessary. But is any crime bad enough to award the death penalty? Let’s see what the condemned man did: he is charged with the murder of 166 men, women and children. Of course, some friends had told me after 26/11 that “a few hundred civilian casualties per year is a small price that we are willing to pay in exchange for not having a full-blown war,” but the judge seemed to disagree with that point of view. When the security cameras recorded Kasab shooting indiscriminately into the crowd at the Mumbai CST station, he seemed to enjoy it. Can such a man be trusted to repent what he did and reform himself? And even if he does, what will we achieve? After spending a few crores of the taxpayers’ money on his trial, security and jail facilities, we will have a good citizen. We have about a billion of them already, and we don’t want another one. However, execute him with enough media focus and you have created an example. Like USA did with Saddam Hussain. Personally I would enjoy seeing a YouTube video of Kasab’s hanging, though unfortunately it may be some time before we can see that.

So far I have discussed two arguments in favour of the hanging. Firstly, Ajmal Kasab is like radioactive waste in human form – the sooner we dispose of him, the better. Secondly, his crimes are too grave and chance of repentance too small to make mercy worthwhile. I will end with the biggest reason why he should be hanged: justice.

Kasab came from Pakistan and attacked India, killing innocent civilians without remorse. We cannot really do anything to do justice here – nothing we do will bring back those 166 people. But the families of those people will live a little happier knowing that the person who killed their loved ones isn’t roaming free himself, enjoying life. That, according to me, is the single most important reason why Kasab needs to be killed. Of course, people are arguing that he should be treated with compassion, which we are doing. Ideally, he should have been shot 166 times in non-lethal places in his body and left to die from gangrene. Publicly if possible. But we are a compassionate society – we do not employ such brutal means of punishment which people from Kasab’s own faith prefer in the Arab countries. We are also a spineless society – we do not have the guts to go and do to Pakistan what US did to Japan after Pearl Harbour or to Afghanistan after 9/11. So the only way we can serve justice is by killing this man. We will (hopefully) hang him away from the public eye, in a dignified manner. It is almost like giving the guy an easy way out, but that’s the most we can do. Let’s not hesitate in this little punishment. Some people may point out that he is just a scapegoat, but then, the meat of a scapegoat is just as tasty. I’m sure most people of our country would love to see Kasab hanged.

So friends, I am not convinced by your arguments that Ajmal Kasab doesn’t deserve the death penalty. One killing does not justify another, you say? We can have a nice little argument about that, but after Kasab is hanged. I have to travel on a lot of Indian flights, and I’m sorry if I sound selfish here, but I value my life more than his. I don't want to end up like Ripen Katyal. There is only one way by which you can make me see your point of view, and it is like this: come to me and repeat these same ideas about compassion and the government’s right to kill after one of your parents or siblings or children or a life partner has been killed in a terrorist attack. Nothing personal, of course! I would express my gravest condolences, and wholeheartedly agree with you that although your beloved had to be carried away in four different pieces, killing the captured terrorist wouldn’t serve any purpose.

Oh, and in case you are outraged at my suggestion that such a thing might happen, I think I have made my point.


Update: Check out this video in case you aren't convinced. Beware, it is not for the weak of heart.

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10 Comments:

Blogger Poppy said...

A very strong opinion expressed which i completely agree with.

3:50 AM, May 07, 2010  
Blogger Kuntala said...

As always, your writing is outstanding. But i do not agree with you.

4:46 AM, May 07, 2010  
OpenID 80386.org said...

I completely agree with what you have said here. Kasab should not have been just allowed to be hanged with dignity.

I somehow feel, his arrest was a big mistake. We need a K P S Gill to get things under control. Just make sure these terrorist vanish. No trial, no justice noting....

6:17 AM, May 07, 2010  
Blogger Joy Forever said...

@Poppy: Thanks!

@Kuntala: Well we can't agree on all topics. But thanks for letting me know of your opinion.

@Subhro: I disagree with you too. A no trial "vanishing" would not have been helpful at all. What we need is a high-publicity execution. See, the guy has done maximum damage already, and we must milk him for maximum benefit before we kill him. So holding a public trial is good, letting the whole world see the evidence is good, and in a way hanging him in dignity is also good for we can advertise how "human" our country is! But I would also enjoy it immensely if someone was "accidentally" allowed to "sneak in" a cell phone camera during his hanging and posted the video publicly like USA arranged for during Saddam's execution. The government can criticize the person later, but already maximum humiliation for the terrorist and his countrymen would have been caused.

One thing that you may say is that 17 months is too long a delay and the trial should have been shorter. I'll agree to that. But a trial was needed. Not to give Kasab a fair chance but for our propaganda.

7:39 AM, May 07, 2010  
Blogger Akshay S Dinesh said...

I was so confused about this question, I did a google search to reach here. And I think you've made the answer clear.

10:47 AM, May 07, 2010  
Anonymous Abhijit said...

This is a very thought provoking article! Well done and thanks for sharing!

12:43 AM, May 08, 2010  
Blogger abhijit said...

I definately support your thoughts.

He should be crushed using road roller.

1:33 AM, May 10, 2010  
Anonymous Suyash said...

You are right about Kasab. But it's not true that we don not have the guts to do what US did to Japan or Pakistan. Our army is always ready to fight Pakistan. I know many soldiers and officers in Army. Just trust me on this. However, we have tag of being a "Peaceful country" and there are many innocent human beings who love indians on the other side of the border. I agree there are people who love each other on both sides and those who hate the other till death. But by doing something like what US did we are spreading hatred. I don't think that is the message we want to give to the world. US is suffering enough for what they have done. If you are a US citizen and you are traveling abroad chances are you will get kidnapped and killed.

We have always blamed Pakistan for every darn thing that happens in our country, which is mostly true they are responsible for a lot of sh*t that happens here and we are responsible that we are unable to prevent it.

5:05 PM, May 19, 2010  
Blogger Joy Forever said...

@Suyash: "If you are a US citizen and you are traveling abroad chances are you will get kidnapped and killed."
I would like to see your sources for this statistic that a US citizen is more likely to get killed while travelling abroad. Until you can show me, I choose to ignore that statement.
While you are at it, I would also like you to pull out a statistic of the number of US citizens killed in terror attacks since 9/11 and the number of Indian citizens killed by terror attacks since 2001. Come back and tell me which figure is larger. It may surprise you that "spreading hatred" works a lot better than "Aman-ki-aasha."

"But it's not true that we don not have the guts to do what US did to Japan or Pakistan. Our army is always ready to fight Pakistan.

Going by that logic, sir, I am always ready to swim across the Atlantic Ocean... It's not true that I don't have the guts to do it. Sounds ridiculous, right? Your statement sounds ridiculous to me too. Intentions have no value... we need action to believe. I never said the army officers themselves are cowards - I said we as a country lack guts. No use having the bravest army in the world if they are controlled by a bunch of scared old people.

And yes, you and your tag of "Peaceful country" have done greatest harm to our country, because the word "peaceful" actually translates as "soft and cowardly." I would rather have a tag of "war-loving nation" and safe citizens rather than have that stupid tag that has been haunting us forever. If you can read Hindi, here's a poem that I like very much and which speaks on this point better than I ever could.

As for the "innocent civilians" on other side of the border... too bad dudes you chose the wrong country to live in. Our Mumbaikars were innocent too. Innocent civilians are casualties in every war, that's inevitable - I only wish them to be Pakistanis rather than my own countrymen. For the last 60 years while we were painstakingly building up the world's largest democracy, they chose to either support military dictators and bearded fundamentalists running free, or turn a blind eye to the goings on. Who must pay the price? Guess! Guess! [Hint: It's not the innocent neighbours.]

1:31 AM, May 20, 2010  
Anonymous CLS said...

I don't know how I missed this post. But I hope I'm not too late to express an opinion.

The legal system exists not to deliver judgment and justice but to keep society safe from threats posed by those who don't adhere to the law. (I remember reading something to this effect somewhere, but I can't recall the source anymore.) Keeping this in mind, I completely agree with Kasab's hanging.

It's not a question of civilization. It's a question of protecting Indian society at large from the threat posed by this particular terrorist. Of course, I don't want him to be used as a bargaining weapon.

I can't judge him for the 166 murders he committed. No one can. It's for God to decide. But what we can do as a society, is do whatever it takes to keep ourselves safe.

Oh, also, from a completely practical point of view, it costs less to hang a criminal than to keep him alive in prison for the rest of his life. I'm not saying we should abolish the concept of a life sentence and hang everyone. After all, we might want to appeal a verdict. But capital punishment might be the perfect solution when a person is proved to be a terrorist.

You might want to refer to the Arthashastra which prescribes even worse punishments than hanging (including being boiled alive in oil) for those found plotting against the Ruler and the country. The same work also describes sophisticated economic policies. So go figure!

2:49 PM, June 11, 2010  

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