Commuting death penalty for Govindachami to life term has shocked Keralites, who have keenly followed the case all these years. Govindachami deserves death penalty as per law but it was commuted because of the failure of the prosecution to produce sufficient evidence. This happens in many cases. Look at this from different angles. Death penalty should have been awarded as it is the maximum punishment in such cases as per law. But if it was commuted because of the failure to produce required evidence, we should find out how it could be done foolproof in such cases. The prosecution also failed to bring out circumstantial evidence, which was crucial.
Most often, social values and norms influence the preparation of charge-sheet and autopsy report, prosecution and interpretation. We lack a culture of rigorous professionalism. This is what happened in Soumya case. There should be proper training for the police and prosecution lawyers. They should have accountability and there should be social audit to watch this. In some countries, victims also become part of the inquiry and trial. That will help improve evidence and vigilance in each step so that victim’s side is heard and considered sufficiently. Once the law is enacted, implementers must follow it strictly. Also laws have to be reformed as social values change. Our judiciary follows the adversarial system in which the accused is given the benefit of the doubt. This is to prevent any fallibility in punishment. This may be based on old values.
But scientific knowledge and democratic values now afford the accused an opportunity to reform. It is time to rethink on capital punishment because there is no evidence to prove death penalty has reduced crimes, in number or severity. Instead, this enhances violence, engendering an “eye for eye” attitude. Another problem with death penalty is that there will be a tendency to save the accused from different corners. Finally there will not be any punishment or reform. Punishment has to be done in different layers. Importantly, make the accused realise the seriousness of the crime and reform him. Social attitude towards such crimes is also important.
Ensure safety of women. Even after the Soumya rape and murder, ladies’ compartment on train is placed in the remote end and there are no safety systems at railway stations and on trains for women travelling late night. Such circumstances an invitation to the crime-oriented. Usually, sexually abused women and girls are put in prison like institutions, named as “rescue homes” and the abuser men are allowed to roam free with all privileges. There should be homes for reforming these men thru therapy and education facilities and women should be freed. Soumya case is only tip of the iceberg. There should be a comprehensive approach, including law reform, professionalism in law implementation and community vigilance from a gender perspective.
(Author is rights activist and professor of community medicine at Pariyaram Medical College)
