NATIONAL 5 (Spotlight Weekly)]

Lawful Killing sub heading

By AKSHAY SHARMA

The death penalty has long been a source of intense debate in many societies. Today, the United States’ decision to continue with capital punishment has left it at odds with its key European allies. Within the United States, the death penalty is deeply divisive political issue.

Questions of morality, justice, compassion and fairness straddle the debate, which serve to both clarify and cloud the core issue: whether it is right for the state to take the life of an individual on any grounds.

Some opponents of capital punishment are straightforward. "If the law cannot give birth to a human being, can it take a person’s life?" asks 14-year-old Pramod Uprety. On the other hand, supporters believe the death penalty is a powerful deterrent to crime. "It can go a long way in stopping would-be killers by showing what fate awaits them," says Arun Bikram Rana.

The argument then enters the punishment-versus-correction domain. "Everybody makes mistakes," says Naveen Aryal. "I think people convicted of capital crimes could be taken to a correction facility rather than to the gallows. By allowing them to live, we could at least try to understand the psychological, mental and social factors that made them commit the crime. Such an understanding might eventually help us take measures to ensure that others do not kill."

Ashim Shrestha reflects on how changes that have swept the world in the last 50 years have redefined the terms of the debate. "People like Ganga Lal, Shukra Raj Shastri, Dharma Bhakta and Dasarath Chand were executed because they were troublemakers for the Rana rulers," he says. "But today, we have an annual public holiday in memory of these martyrs."

In one sense, such an involved discussion may be unnecessary in Nepal, because the present constitution has outlawed the death penalty. But, then, there are other indirect ways in which human life is taken under the guise of the law.

One important area is environmental degradation. A clean and safe environment plays a vital role in safeguarding human life. In many cases, however, policy makers are directly responsible for approving programs and projects that are environmentally hazardous. "Refrigerators and airconditioners the West banned long ago as unsafe are being dumped in developing countries," says Madhukar Gurung of Chabhil. "This represents an indirect form of killing sanctioned by the state."

Gunja Lala Hirachand says he believes there are two ways a person can be killed under the law. "The first is directly, through administration of the death penalty. The second is through the use of weapons of mass destruction, which is a legal part of the military arsenals of many countries".

"US President George W. Bush’s withdrawal from a key global environmental accord aimed at cutting greenhouse gas emissions threatens the global environment. On the other hand, the blasting of the hills at Godavari forces the local people to live in unsafe conditions. Can we punish the US president or those who ordered the blasts at Godavari?"

Agrees Ajit Pun. "As the environment plays a crucial role in the lives of human beings, tampering with nature is certainly tantamount to playing with the lives of the people."

That leads us to the unfairness of the system of justice. A former president, like Slobodan Milosevic of Yugoslavia, can be taken to the International War Crimes Tribunal in The Hague to face charges of genocide. But who is responsible for the thousands upon thousands of deaths that UN sanctions against Iraq have caused over the last decade?

Psychologist Krishna KC believes there is always an element of unfairness in the criminal justice system. "The laws are never up to perfection. There is no equality in the real world. Sometimes innocent people are convicted and sent to the execution chamber."

These innocent people can be victims of miscarriage of justice or random targets of nuclear bombs during war. "Maybe the adage that ‘if you kill one, you’re a murderer, if you kill a hundred you’re a hero’ has an element of truth," says Sapana Pariyar.