Death by Stoning

      Sakineh Mohammedi Astiani- an Iranian woman had been sentenced to death by stoning. Is it right? May whatever be the crime-can this barbaric act by a government be allowed by the international community?

There are various types of punishment and its clemency. India have the both the utilitarian and retributive punishments. The highest punishment we have in India, is the Capital punishment. That is the denial of the right to life guaranteed under Article 21 of the constitution.  

After the court convicts the defendant and sentence to death, even then the defendant has a ray of hope. ‘Judicial review’ is the element of basic structure of the constitution. After have been proved guilty at all the stages, the convict still have chance to live. The president of India may commute the death sentence or even pardon. This is the judicial powers vested with the Indian President.

Globally, movements and against protests against capital punishment is gaining strength these days. Amnesty International is the notable one in this regard. They oppose capital punishment because it is the only punishment, from which the defendant cannot be brought back alive, if the conviction is proved wrong later.

Realizing this, many countries have deleted capital punishments from their penal laws. We can’t blame the countries like India, because capital punishment serve as a deterrent to the likely offenders. This may minimize the crime rate in a country. But this may prove in the opposite. (The crime rate was less in Travancore state before introducing capital punishment and more after that).

NGOs like Amnesty International is against the barbaric punishments like ‘Blows on back’, stoning, hanging in public, handicapping etc on the grounds of reformative and rehabilitative justice. Punishments should be aimed to reform the offender. Punishment is to the wrong-doer only for his wrong-doing, but not to him as a human personality.

Except capital punishment, all the punishments in India are retributive and reformative in nature.

Sakineh Mohammedi Astiani is accused of killing her husband in 2006 and adultery. The lower court sentenced her to death by stoning by the public. She has a son born to her deceased husband. In the efforts to commute her punishment, the international human rights protestors-two Germans- met her son and made him give an interview on his mother’s innocence. Now Ms. Sakineh gave an appeal to the international community not to interfere into the trial and warned the two Germans about a possible prosecution.

People!

 Do you think the statement of Ms. Sakineh is natural? Definitely not! It is the voice of Iran to the protesting community.

Okay! which century are we all living in? What are these laws? It is stated that these laws are based on Shar-I-ad laws. These laws are gender insensitive. It needs four male witnesses for a woman to establish her rape. It says a female witness is considered as half of the male’s witness. It never punishes polygamy. How countries can function with such a penal code? With such a penal code how a country can develop?

Only one thing is clear. Justice is equal for men and women. Equal for haves and have-nots. No one is above law and law is equal to everybody. These are the modern notions of Justice.

I don’t know how Ms. Sakineh’s judicial probe was conducted. I don’t know she is guilty or not. Every country has different notions on punishments. After all she is a human being belongs to the planet earth. It is not her fault having born in Iran. The punishment should not be a capital one. Taking life is not the answer/justice for the life taken. It is better to conduct a re-trial, a de-novo trial. I strongly condemn the barbaric punishment-stoning to death-and I’d welcome if the punishment is commuted to other than capital punishment, if she is found guilty.

I would also welcome, if Iran punishes all the treacherous men, screwing women other than their wives, in its land.