Deterrent laws no guarantee to prevent crimes: SC

With parliamentarians, including Deputy Prime Minister Lal Kishenchand Advani, favouring imposition of death penalty on rapists, the Supreme Court in a recent ruling reminded them that deterrent laws alone are no guarantee for prevention of crimes.

 

The ruling given last week by a bench comprising Justice M B Shah and Justice D M Dharmadhikari pertained to killing of a newly married man, Ram Sudhar Singh, by upper caste persons for marrying a girl against their wishes.

 

In the Thakur-dominated village of Raghunathpur in Sahajhanpur district in Uttar Pradesh, a person was asked to give his daughter in marriage to a boy of the choice of certain influential Thakurs.

 

But the girl's father declined the offer and decided to marry his daughter to Singh, who paid it with his life as the influential Thakurs shot him dead.

 

While deciding the case, Justice Dharmadhikari, writing for the bench, said, "The facts revealed in this case by the evidence produced for the prosecution should be taken as a reminder to the legislative bodies and social reformers that penal laws, howsoever deterrent, are inadequate to prevent crimes."

 

Justice

Dharmadhikari said the deterrent laws were inadequate to prevent crimes "unless there is change brought about in the way of life, thinking and outlook of the members of the communities against each other in villages and cities across the country."

 

Along with the laws to prevent crimes, the government and the social reformers should make attempts to change the mind-set of the people, the court said. "Such a social change can be realised not only by making laws, but imparting sound moral education and spiritual upliftment of the people," the apex court said.

 

Advani on November 26 had told the Lok Sabha that the government favoured death sentence for rapists and would like to enact a law in this regard after consulting the states and political parties.

 

"I feel the punishment for rape should be death. However, I would like to get the point of view of political parties and state governments in this regard," he had said.

 

Advani said many members had expressed the view that "if someone committed murder, the person was hanged. But for rape, which was worse than murder, no such punishment is meted out to the culprit."