Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
10 DECEMBER 29, 2012 vol XLVii no 52 EGE3 Economic & Political WEEKLY
This content downloaded from 192.190.180.53 on Wed, 28 Nov 2018 02:56:46 UTC
All use subject to https://about.jstor.org/terms
If these are features of the Mumbai McVeigh was also a much more culpablefirst suspended in 1965 before being per-
case that make it so singular, what docriminal than Kasab because he was the manently abandoned in 1969.
they suggest about the future of capitalmastermind of the scheme as well as its Leadership from the front in death
punishment in India? Will the first exe-triggerman. His execution in 2001 was penalty policy often provokes public
cution in almost a decade be the "ice- the first carried out under the authorityopposition - and it certainly would do
of America's national government after aso in India. But there is really only one
breaker" that leads to a steady stream of
executions across India, or will it stand
new federal death penalty was passed risk of a suspended death penalty that
as an exception as the nation continuesin 1988. Both the us President at the would generate fear from most Indian
to drift towards the permanent retire-
time (George W Bush) and the attorneycitizens: the possibility of another terrorist
ment of its executioners? general (John Ashcroft) hoped thatinvasion, another Mumbai massacre.
The argument that more executions
McVeigh's death would produce a steadyAnd here the history of death penalty
will follow in the wake of Kasab's stream of federal executions - but that didreform suggests a plausible method for
hanging is that citizens who called
notfor
happen. One more federal offenderaccommodating this fear. Many nations
Kasab's execution will now demand more.
was executed eight days after McVeigh,first suspend capital punishment for
But such contagion seems unlikely, and a third was executed in March
not "ordinary crimes" while at the same
least because the judicial emphasis on But then, and despite Al Qaida's
2003. time retaining a special provision that
attacks
this offender's waging war against the in September 2001 and allows
the for capital sanctions in times of
Indian nation appears designed toall-out
set war and for acts of war. This kind of
"war on terror" that followed,
his crimes apart from other capitalthere
caseshave been no federal executions compromise would provide Indians
rather than to invite a general policy
for more than nine years. with security against that which they
If there was no increase in executions
shift. In Kasab's case, public fear and most fear while putting an end to the
in a pro-death penalty environment like extravagant contradictions of Indian
fury were focused mainly on Pakistani
war-making. By contrast, the Afzalthe
Guruus under a president and attorney capital punishment.
death sentence, which is the closest
general who strongly supported capital
pending case to Kasab's, involves punishment,
a do- then the odds against India's
mestic defendant, which simultaneously
hangmen working overtime in 2013 seem
Survey
September 8, 2012
reduces the pressure to execute and in-long. Indeed, the swift execution of
rather
creases the danger that a hangingKasab
will may have created an atmosphere Revisiting Communalism and
provoke domestic discord. in which India can make further progress Fundamentalism in India
What makes Kasab's case singular
towards ending the death penalty. Had by
rest of India's crime and punishment, it ending capital punishment. Ironically, perspectives from which the issue has sought
to be understood, from precolonial and colonial
is also likely to stand alone, separated Kasab's hanging removes the country's
times to the post-Independence period. The
in perception and jurisprudence even best argument for retaining capital punish-
writings indicate that communalism is an outcome
from the attack on India's Parliament in ment. Perhaps now the nation can pro-
of the competitive aspirations of domination
2001 and the assassination of former
ceed with caution towards ending exe-
and counter-domination that began in colonial
Prime Minister Rajiv Gandhi 10 years
cutions, as every democracy in Europe times. Cynical distortions of the democratic
has already done.
earlier. With no other capital defendant process and the politicisation of religion in the
likely to measure up to the Mumbai case early decades of Independence intensified it. In
for the fear and fury it produced, noFrom De facto to De jure? recentyears, economic liberalisation, the growth
Economic & Political weekly EH3S3 December 29, 2012 vol xlvii no 52 11
This content downloaded from 192.190.180.53 on Wed, 28 Nov 2018 02:56:46 UTC
All use subject to https://about.jstor.org/terms