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Society in general today all over the world may be called sick, although it could be termed normal under today's conditions. Perhaps at every stage of life, the older generation would feel so. But if we see a society galloping at a vengeance with violence crime and blue murder beyond all proportion, then it could be called acutely sick and below normal.

At a time when a country is infested with say, malaria and dengue, mosquito coils are marketed galore.

Perhaps if society waits till the causes for this infestation is fully eradicated, there could be many deaths from malaria and dengue and the little mosquito may take on proportions of a Frankenstein monster! So we see that the mosquito coil is a preventive item and not a curative item used in society for a limited period.

A society can get diseased due to several causes. Politicization of establishments may be the foremost cause.

It may effect the economy, education and even judicial decisions, due to which an innocent person who is a murder suspect could become a political victim and, such a victimization is irreversible, as no amount of commissions probing the decision, with every change of government, will do any justice to the victim.

Also an innocent person may have to face death penalty, due to poverty, as he cannot retain the best of lawyers. these two reasons may be cogent arguments against death penalty.

We however know that unjust judicial decisions can be the butt end of criticism, both locally and internationally and that such judicial misconduct could be short lived, hopefully.

As to poverty of an innocent suspect, there are free legal aid institutions that should and could be strengthened and may be even given state patronage to expand the scope of such institutions. It is important that people should be made aware of the existence of such institutions.

Another argument against death penalty is that, those who have closely associated with persons in the death row maintain that death penalty has never had a dissuading effect on those who had decided to commit a murder.

This may be so, but it is well to consider whether these conclusions were made on observing persons in the death row long before traumatic situations such as rebellious upheavals and continuous wars in a society had made it acutely sick and would therefore need preventive or shock treatment methods to put it right.

Take the case of a mentally sick patient where after curative treatment the condition does not change and where electric shock treatment is given, so that after the convulsions are settled the doctor resumes curative treatment with ease. A shock treatment such as death penalty may be needed for a society that has assumed the proportions of a sick giant, and that too, for a limited period to resume curative treatment thereafter.

One motivation for killing could be a person's vision of a more indulgent and luxurious lifestyle, especially in the case of commercialized contractual killings. It would take some time for such persons to understand lofty ideals such as that excessive greed begets sorrow, etc.

The only language they would understand in a sick society is that leave alone a more indulgent life, they will have no prospect of any life whatsoever, if they resort to killing with the death penalty hanging over them.

Once the dreadful crescendo of a crime wave is over, then perhaps teachings of all religions will take on more meaning among criminally prone persons. It would be well for all those vehemently against death penalty to band themselves into vigilance committees and pursue establishment of free legal aid schemes, and also be alert to internationalize unjust judicial decisions, if any. They may also perhaps get into the shoes of a father, mother, brother, sister of a loved one, whose life has been taken away with detailed planning and premeditation, for one reason or another. Perhaps such a potential murderer would even make the family understand that he will certainly kill their loved one with the full knowledge that he will escape gallows! They may also take into consideration that a spur of the moment killing with an outrageous temper is met with merciful punishment by courts. It is one thing to score academic points on this issue and another thing to look at it pragmatically.

Under such conditions should not any nation with an acutely sick society consider introducing death penalty, for rampant, premeditated and cold-blooded killings? Killing in any form be it statutory or otherwise cannot be condoned, but at times a bitter pill is needed to cure an acute sickness.

Thereafter it could very well be taken out of the statute book. If death penalty were to be introduced, even for a short period, let it be done in a more humane form rather than the rickety old gallows, even if it were to cost a fortune.

Oscar E V Fernando

www.crescat.com

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