Capital Punishment

Two people have been sentenced to death in the last couple of weeks: Afzal Guru, who is alleged to have helped the militants who stormed parliament and Santosh Singh, who brutally raped and killed Priyadarshini Matoo 10 years ago. Both cases throw up interesting question: is it right (in ethical and moral terms) for the state to murder?
The Afzal Guru case is particularly interesting. When parliament was stormed in 2001 the country was outraged. Militants tried to attack one of the visible symbols of Indian democracy, and failed. Afzal Guru is alleged to have provided logistic and other support to the militants. The judgement has sharply polarized opinion. While the whole of Kashmir protested from the Chief Minister down to the man on the street, opinion in the rest of India seems to agree with the decision. The right has meanwhile launched a “Hang Afzal” campaign.
While I don’t agree with the jingoistic position taken by many people I do not also believe Afzal should be left off that easily. If it turns out that he had helped the militants then he should be given the maximum punishment possible within the judicial system. The trial of Afzal Guru has been so non-transparent that the lay public does not have the facts at hand. What was his exact role? What is the evidence against him? Is it conclusive or circumstantial? Another ridiculous thing is that Guru has reportedly gone UNREPRESENTED by legal counsel during his trial. Awarding a death sentence to a person who did not have legal counsel is downright absurd.
Given the history of victimization of kashmiris in this particular case, one needs to look at this particular sentence with suspicion. SAR Geelani, a DU prof was falsely implicated in the same case by the Delhi Police.
The second case is more straightforward, but no less troubling. Santosh Singh, a typically north Indian rich brash spoilt young man brutally raped and killed a law student. Faasi do, said the court, after 10 years. For all those out there baying for his blood I have one question, do two wrongs make a right? Is it justifiable to answer the violence he committed with violence unleashed by the state? But then on the other hand, Santosh is obviously an unrepentant man who used his power, as a male and the son of a police officer, to commit a beastly atrocity. I wonder how Priyadarshini’s father feels. I wonder how I would feel if someone raped my sister and killed her. Would I be able to forgive the perpetrator? Unlikely.
So, coming back to the two cases, In Afzal’s case I don’t think he should be killed. In Santosh’s case the view looks less complicated, but we are still on slippery ground.