But the death penalty alone cannot be a reason for preventing crime in society. We have had this penalty since independence and even before, during the British imperial rule and under many of the kingdoms and empires that ruled us.
We are not alone in punishing murderers and terrorists this way; there are many other countries in this league. Why to change then?
I have a twofold argument against the death penalty. First, the empirical evidence suggests that even with the death penalty, murders have never stopped, and at best, there is fuzzy relationship between a decline in such crimes and the death penalty, if any. If we account for other factors in societies where murder crimes have dropped, the death penalty may have hardly any influence. Which other factors really matter in bringing down the crime rate? Three are important to consider. These are economic development, social equality and rule of law.
There is enough data about Pakistan to show that our society has experienced a negative trend in these three areas over the past many years. Report after report has documented evidence that Pakistan is in trouble in all these areas. Examples of other countries demonstrate that when they established rule of law and invested policy and material resources in bringing about equality and economic development, their societies achieved stability, order, harmony and peace. The opposite of that has happened in Pakistan. Therefore, we cannot bank on the death penalty as a deterrent but rather should address the real causes of the trouble that create and promote chaos and disorder. If we do ranking of what we must do to get Pakistan back on the rails, rule of law must be the number one priority. Rule of law has many dimensions — impartiality and effective judiciary at all levels, equality of everyone before the law and autonomy of policy and prosecution agencies from political influences. That will be the starting point.
Even if we develop and achieve stability, murders and other crimes for which we award death sentences may not disappear. Nor have Western societies with a better account of themselves on justice, rule of law and development succeeded in eliminating crimes. There is some fault with human nature. This may sound a bit pessimistic but murders and heinous crimes may never end; we may just be able to reduce their rate.
Back to the death penalty, this is neither a solution to crimes nor is it humane to even consider it a punishment. Taking one’s life can be a revenge of society but not a punishment. I have wondered for many years how taking away one’s life could be a punishment.
The fact that we and other societies have practised the death penalty for centuries cannot be a valid reason to continue with it. Today, we have better alternatives in locking away such criminals in prisons without the possibility of paroles. The best way to prevent society from criminal harm is to separate them, not kill them, as we often think in rage and frustration.
It is a tough call in the conservative, revenge-driven culture of Pakistan, to demand an end to the death penalty but whosoever can, must raise voice against this cruelty.
Published in The Express Tribune, November 20th, 2012.
COMMENTS (19)
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@shakrullah: Bingo. For once you got it right. Tunnel Vision.
@Lt Col Imtiaz Alam(retd):
Yes , we should seek inspiration from Saudi Arabia and
1) have hereditory kingship in the country; 2) scrap our constitution and let , as in SA , the will and the word of the king be the law ; 3) the revenues of the state should be the personal possession of the royal family and they may dole it out to citizens at their discretion ; 4) chopping off of heads of serious offenders , with crowds as witnesses, should be instituted in Pakistan for edification of people. 5) Adulterers should be stoned to death and citizens should be encouraged to actively participate in this activity for spiritual benefits .We should emulate the Saudi regime in these and other matters to turn Pakistan
into an ideal and crime-free society .
Agreed with Col Imtiaz (retd)
You are challenging the Edict of your Creator.
In fact this whole drama is being staged to repel blasphemy law, otherwise, capital punishment including death penalty is being practiced in many other non-muslim countries. Moreover, we should first adhere to islamic laws, or a law in compliance with our culture and civilization. We should totally avoid dictations in this regard at least. I wonder, how a muslim scholar advocate repulsion of a law that has been made in accordance with Qura'an and Sunnah.
@gee: Sorry. As a taxpayer, I don't want to feed criminals till their old age. I would rather have my tax money spent otherwise.
We have no right to take some ones life. Put him/her behind bars for life and let him die every day.
@Mirza: It's like talking about rights of the criminal and ignoring justice for the victims.
@Mirza: Do you think life imprisonment is less painfull than dearth punishment.Man is born free why then we take this very basic right of freedom in the first place.In my opinion life behind bars is more painfull keeping in view psychological effects of repentance which is worst than death.Isn't it a state of neither life nor death, a kind of worst torture.Of coures it may not be the case with everyone but then again one who doesn't feel sorry, does he/she deserves to live? Death penalty is for once, life imprisonment is death for multiple times, more cruel.
@Mirza
Sorry you are wrong, death penalty deterrence effects are well documented, violent crime rates are actually been going down in countries you have mentioned for years.
@NAkhtar: "Compare crime ratio between Saudi Arabia and America, who is the winer in this race.."
Depends on what you consider criminal. In my opinion taking away a woman's mobility is criminal, taking away the freedom of worship for millions of immigrants who do ot share the majority populations's faith is criminal. Finally ask how many people would prefer to live in Saudi Arabia vs. US if they had a choice. That will give your answer.
The concept of banning death penalty needs to be further explored and explained to the society. The learned author's article, however, is not very much convincing. When a person commits a murder, he or she takes away the right of living from one person, takes away a beloved one from his or her family and inflicts a loss to the society by taking away a human asset. How can they all be compensated by imprisoning the murderer and then letting him out in some years? How can one be sure that he or she will not commit a murder again?
In our country, victims of crime are yet to get their rights and people want to talk about compassion and end to capital punishment.
Sorry, I cannot digest this and do not agree with the author. Opponents of death penalty often fail to understand the cultural and social realities of our society.
The death penalty is not a deterrent for stopping the murders. In countries with death penalties there are more violent crimes than the countries with no death penalty. In fact even in a country like the US where some states have death penalty the murder rate is much higher than the states with no death penalty. It was a nice feather in the cap of current elected govt that there was nobody put to death in its first four years. One can only wish it would be none even now. Murders cannot be stopped with more murders.
All major religions in the world preach compassion, forgiveness and mercy over vengeance.
Follow and respect Quran ,Sharia,and Sunnha, crime ratio will decrease. Compare crime ratio between Saudi Arabia and America, who is the winer in this race.. Unfortunately, proliferation of crimes or not due to lack of awareness or lack of capital panalty rather it is result of LACK OF JUSTICE AND INEQUALITY. We do not ready to give respect other, our ndividual and even collective behavior is self centerd. So, punishment according to crime and society is the requirement, international community canot determin Pakistani scoiety,their concern is only elemination of BLASPHEMY LAWS, .......do not hang apply death penalty as this is imlemented in American jails..... Last but not the least; we should have regard our values,beliefs, and laws,
@sabi the quran also tells you to cut off the hand of the thief and stone to death the rapist why dont you have that as well?
Author The question is: has the fear of death penalty deterred these groups from murder and chaos in society? No. It is the weak writ of the state and corrupt government machinery which gives killers a strong hope of escaping punishment.I will never jump into fire because I know there is no way to escape the principle that fire kills. Quran give us two options,one death penalty,two forgiveness against compensation.It is intresting to note that quran is silent on imprisonment of killer(or any kind of imprisonment to best of my knowldge).How would you justify your argument on the abolition of death penalty on basis of quranic teachings.