IC Centre for Governance

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Forum Home > Corruption > REFORMATION

Sri Bimal Mohanty
Member
Posts: 25

In my opinion the Nirbhaya verdict as it turned out, begs for serious consideration on five very important issues.

 

Firstly, there is no justification for a fast track case to take seven months for decision. Any excuse at any level, makes a mockery of the word 'fast' and erodes public confidence in the justice delivery system in our country.

 

Secondly, capital punishment is a derogatory step.Human beings have no power to create life and therefore one cannot take away what one cannot give. Giving punishment in any severest form as law provides is fully justified.

 

Thirdly, Punishment agaianst all sections of criminal law should run cumulatively and not concurrently. If life sentence is pronounced, it should not be for a predetermined limited period but for the entire life.

 

.Fourthly, framing of charges in such cases (for that matter in any case) should be fast too and the police force should be time bound in bringing the case to court. If the court decides there has been a delay the police is to be punished. Police should mobilise themselves in cracking down the case within the time frame.

 

Fifthly as we have a ministry for education and human resource development. a separate ministry needs to be there for reformation. Right to reformation should be recognised as a human right, The work and structure of this ministry etc. should be with widespread issues taken into. with responsibility for reccomending return of the reformed criminal into the main stream of the society. - Sri Bimal Mohanty ([email protected] website www. ahwan.org)

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September 10, 2013 at 5:15 AM Flag Quote & Reply

Devinder Das Chopra
Member
Posts: 21

 Reformation is indeed an all embracing term. When taken up in the context of killing, murder or RAPE it requires immediate action. That is FIR or evidence recording wise and follow through within 90 or 120 days. IF cases of heinous crime get bogged down by our "date upon date" by our judiciary, at any level then we are unknowingly conniving in the erosion of judgments and punishment. Cases go on for years --- is it on account of OUR INEFFICIENCY,  our helplesness, or to fill the pockets of the scores upon scores of our legal fraternity?

Capital punishment is called for in the rarest of rare cases. And the sooner we decide such rare cases, the better for our values and the society we ought to enrich by our actions.     

IF killing in war situations is permitted or indulged in by us, then "taking of human life" under capital punishment is logical too. Human life is just that regardless of race, nationality, sex, caste or creed. 

dev chopra (UN retiree)

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 - Devinder Das Chopra

September 22, 2013 at 1:58 AM Flag Quote & Reply

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