By Verghese V Joseph –
Bengaluru: Society has a huge role to play in reforming a criminal, and therefore it is the responsibility of the society to provide a conducive atmosphere, said former Supreme Court Judge Kurian Joseph at a symposium on Death Penalty. The symposium was organized Family Welfare Centre of Archdiocese of Bangalore in association with Prison Ministry of India (Bangalore Unit) at Paalaana Bhavana in Bengaluru on Saturday.
The symposium dwelt at length on whether justice was served by Death Penalty? Or is was it an effective deterrent? Or was it retributive or discriminatory or even arbitrary? The event provided a legal, human rights and a Catholic perspective from authoritative, eminent speakers and legal luminaries.
The overall thinking was that if death penalty was approached from the aspect of justice and its requital rather than human dignity, was it more in line with the tradition of philosophical and Church reflection on this topic? Few would disagree with the Pope Francis that as few as possible should be executed. But whether human dignity is upheld if we allow no executions remains an open question.
In his presentation on the Imposition of Capital Punishment, Justice Kurian Joseph revealed that many crimes result from situations in which people experience poverty, deprivation, maltreatment or deprivation of various kinds.
“Crimes are a reflection of society’s failure in providing ample opportunities for a criminal to be a better person. Social circumstances matter greatly, but so do people as individuals,” he added.
Providing two perspectives, Justice Kurien referred to Hebrews 12:2 in the Bible where Jesus is described as the “author and perfecter, or finisher, of our faith” and the Article 21 of Indian Constitution which reads: “No person shall be deprived of his life or personal liberty except according to a procedure established by law.”
Drawing parallels on values of life, he said “This right has been held to be the heart of the Constitution, the most organic and progressive provision in our living constitution, the foundation of our laws”.
Elaborating his stand, he gave a couple of judicial cases where the law of the land had to take decisions based on the evidences provided before the court.
In his inaugural address, Most Rev Peter Machado, Archbishop of Bangalore, referred to John 10:10 “The thief does not come except to steal, and to kill, and to destroy. I have come that they may have life, and that they may have it more abundantly.”
The archbishop recollected Pope Francis’ words on death penalty where he stated that capital punishment is an offence “against the inviolability of life and the dignity of the human person, which contradicts God’s plan for man and society” and “does not render justice to the victims, but rather fosters vengeance.”
The prelate recalled an instance in Belgaum where a convict had less than 48 hours to be hanged and timely intervention converted the death penalty to life sentence, thereby upholding the dignity of life.
Former Tamil Nadu High Court Judge Hon. Justice K Chandru in his talk on Death to Death penalty spoke at length on mob justice that is now prevailing in the country. In his opinion he felt that mob justice was unjust, unconstitutional and went against the very tenets of the Constitutions.
“Death penalty by encounters by uniformed forces, deaths by mob justice are therefore unlawful,” He added. In his presentation, Justice Chandru gave a historical perspective of Death Penalty.
According to Rev (Dr.) Christopher Vimalraj, Professor (Bio-Ethics) who presented a Catholic perspective on Capital Punishment, ““As Catholics, we believe in a consistent ethic of life, from conception to natural death the sanctity of the human person cannot be diminished.”
“Regarding the death penalty, the first and foremost aspect of the Church’s teaching is the belief in the inherent dignity of the human person as created in the image and likeness of God. Death penalty is not needed to maintain public safety, however punishment must “correspond to the concrete conditions of the common good and [be] more in conformity to the dignity of the human person”. Hence, it is clear that the death penalty stands in violation of the dignity of the human person,” he stated.
Later in a Q&A session moderated by Mr Manohar Ranganathan, Regional Coordinator – Human Rights Defenders Alert, the panelists addressed questions from the audience.
Fr Sahaya Beiix, from the diocese of Kottar, drew an art on the theme which eventually revealed itself as Jesus’ death on the Cross on Calvary. The art was later sold at the event. His priestly motto is “His heart to shine in my Art” and was awarded by CCBI in appreciation of his spiritual art ministry.
A book titled ‘Sound of Silence’ by Sr Lini Sheeja MSC from the Congregation of the Missionary Sisters of the Most Sacred Heart of Jesus was released on the occasion. She serves as national secretary of Prison Ministry India and as the Chief Editor of Prison Voice, a national monthly magazine.
