Death Sentence and Mercy Petition: Balancing the Justice.

Death SentenceBalancing between the Death Sentence, Mercy and Speedy Justice.

Execution of death sentence by hanging: Validity.

[T]he State has discharged the heavy burden which lies upon it to prove that the method of hanging prescribed by Section 354(5) of the CrPC does not violate the guarantee right contained in Article 21 of the Constitution. The material shows that the system of hanging which is now in vogue consists of a mechanism which is easy to assemble. The preliminaries to the act of hanging are quick and simple and they are free from anything that would unnecessarily sharpen the poignancy of the prisoner’s apprehension. The chances of an accident during the course of hanging can safely be excluded. The method is a quick and certain means of executing the extreme penalty of law. It eliminates the possibility of a lingering death. Unconsciousness supervenes almost instantaneously after the process is set in motion and the death of the prisoner follows as a result of the dislocation of the cervical vertebrae. Continue reading “Death Sentence and Mercy Petition: Balancing the Justice.”

Death sentence.

Considerations to award death sentence

Where possibility of reformation can not be ruled out, death sentence commuted to life imprisonment.

Death SentencePenal Code 1860, Section 360.

The appellant was the State President of the Youth Congress in Delhi. The deceased was a qualified pilot and she was also the State General Secretary of Youth Congress (Girls Wing), Delhi. She was an independent lady, who was capable of taking her own decisions. From the evidence on record, it cannot be said that she was not in touch with people residing outside the four walls of her house. Evidence discloses that even on the date of incident at around 4.00 p.m. she had contacted PW-12 Matloob Karim. She was not a poor illiterate hapless woman. Considering the social status of the deceased, it would be difficult to come to the conclusion that the appellant was in a dominant position qua her. The appellant was deeply in love with the deceased Continue reading “Death sentence.”

Surrogacy becoming neo cannibalism

Ethics of Organ donation,
blood/plasma/bone marrow donation and surrogacy.

Difference between India and USA:

Death is always shocking. Irrespective of age. But death of a young person, in United States is news, not just nationally, but internationally. In countries, where generations of people did not migrate to squat and settle at new lands, problem of over population prevents every death from becoming a news especially when an element of consent can be attached. India and Russia appears to be surrogacy capitals of the world. Organ donation, blood/plasma/bone marrow donation, surrogacy, Sperm/egg donation and what not. The rotation of activities of life are not around living but achieving, becoming or accumulating. Surviving as long as possible can only be next goal and what better use of money can be to buy life even if at the cost of someone else’s life.

Surrogacy, poverty and poor medical conditions in India:

In Indian traditions, motherhood is hailed as reincarnation. A successful delivery of child is treated as rebirth for mother. But that story is for financially comfortable. Poor will sell anything to taste better life and rich will buy anything without hindered by scruples. The recent death of a 30-year-old Indian surrogate mother with two children ought to have given a pause to ponder over the ethics of the international surrogacy market. but so far nothing visible on horizon.

Organ donation:

Organ donation is similar story but legally there is a ban on commercial sale of organs. In a recent case Delhi High Court chose to ignore possible past commercial relations between donor and recipient. It observed:

“Merely because in a given case, a near relative may not be willing to donate his or her organ/tissue to the recipient, it is not ground to either raise suspicion of a commercial transaction, or to reject the case altogether. It is not the mandate of the authorization committee to compel or drive the near relative of the recipient to donate their organ/tissue to the recipient ….. the term “payment” under the Transplantation of Human Organ and Tissues Act would not cover a monetary transaction between a donor and recipient in the past when such a transplant was not required….. (Source: http://www.indianexpress.com/news/Love–affection-of-distant-kin-good-enough-for-donation-of-organs–HC/949872/

Only UK has a potential customers of commercial surrogacy worth six billion as reflected from following article:

A combination of the high costs of such surrogacy in the UK, the extremely limited number of willing surrogates, and the legal restrictions on commercial surrogacy in the UK has helped to create a global market in international surrogacy worth, on one recent estimate, about six billion dollars annually. Unlike international adoption, which is subject to strict regulation both in the United Kingdom and abroad, international surrogacy is entirely unregulated at an international level. Certain countries such as India and the Ukraine promote themselves as destinations for gestational surrogacy by providing good quality low cost medical care and by giving legal protection to commissioning parents. (Source: http://www.familylawweek.co.uk/site.aspx?i=ed97868)

How poor surrogate mothers are treated in these clinics, is reflected from the following article:

Even though the growth of surrogacy in India is a familiar story, too little is known about how the system actually operates. ………. Even if these people have put their signatures on a piece of paper, has there really been informed consent? One of the consent documents says that the hospital involved has “made sure to the extent humanly possible that he / she / they understand these details and implications”. This does not inspire a lot of confidence. (Source: http://catholicexchange.com/who-cares-indian-surrogate-for-u-s-woman-dies/)

The pregnant lady is kept alive till the child can be taken out by cesarean procedure and then mother is thrown to Government Hospital to take care. (Source: http://www.atimes.com/atimes/South_Asia/NE24Df02.html) Commercial or non-commercial, an agreement treating the life of child superior or preferable to mother, must be prohibited and special care for the mother must be ensured. It would also be wise if a women is not permitted to surrogate more than once. But presently there is no legislation and legislators have no time to think about this problem.

Colour no bar for consumption:

Position about are donor-ships related to bio-organs is no different. Thus rich would be consuming the poor with impunity and color of skin would not be a matter of consideration, for a change. Situation is, actually, ‘grotesquely exploitative’. Is it not a new kind of cannibalism? If not, what is it? Just because it has no name, it does not become ethical.