Monday, November 30, 2009

SHOULD WE BELIEVE IN RETRIBUTIVE JUSTICE!
(BY Dr. G. Balakrishnan)
Sonia Gandhi did not believe in retribution and they more banked on Compassion porinciple so too her daughter Priyanka when she was at Vellore prison visit to meet LTTE mercenary Nalini who assassinated our former PM Mr. Rajiv Gandhi she like her mother went further to her mother recommending Life Sentence instead of hanging, she recommended even release her and she has realized the mistake and also did her MCA in jail to pursue a new way of peaceful life, as they believed in ?Shakespeare thought in Merchant of Venice ?Quality of Mercy seasons Justice?.

Similar view expressed by Gladys Staines when she forgave Dara Singh., who torched to death her missionary husband Graham Staines and their two young sons in Orissa recently. All of them did not accept the Jewish philosophy ?an eye for an eye or tooth for tooth?.

Eva Moses and her sister were tortured in the by Dr. Josef Mengele to use them for his medical experiments but these two providentially escaped but Miriam died not able to recover from trauma of injections of poisons, virus or bacteria she suffered. Eva survived and later forgave the torturer. Eva said, ?What the victims do does not change what had happened. And the best thing about the remedy of forgiveness is still there are no side effects. And everybody can afford it.

? This is the intrinsic compassion which generally most of every woman has, is proved by these women.

And yet some women believe otherwise and support retribution like Kavita Karhare, Smita Salaskar. It means younger generations believe in retribution in the world of Reformative jurisprudence a part of Criminal Jurisprudence, a paradox! Retribution cannot bring back to life those who laid their lives at the call of duty.

That is where extremist religious bigots floated parties and bands misunderstanding the world of humanity.





And yet most of the women have sense of mercy and compassion in the day to day world, even today, where most of the husbands and their close ones torture the women in marital homes and if these tortured women believed in retribution there will be thousands of murders every day!

Because of this fact of compassion seen over several centuries? men and prophets like Dalai Lama quoted as saying, ?We can live without religion, and Meditation, but we cannot survive without human affection?.

So too Ralph Waldo Emerson statement, ?Religion is to do Right. It is to Love, It is to think, and it is to be Humble?.

So too Jonathan Swift viewed ?We have just enough religion to make us hate, but not enough to make us Love one another?.

Henry Von Dyke said, ?Half of the Secular unrest and dismal, profane sadness of modern society comes from vain ideas that everyman is bound to be a critic for life?.

Steven Weinberg said, ?Religion is as insult to human Dignity. You?d have good people doing good things and evil people doing bad things. For good people to do bad things, it takes religion.?

In the same strain Benjamin Franklin said ?Many quarreled about religion that never practiced it?.

Retribution is less Masculine Justice while Justice is indeed feminine world of Compassion and Mercy and hence you see in the Hindu pantheon, there are a lot of mother goddesses who are invoked for the good of humanity and this trend is percolating in every religion after all no religion is sans females!




Mother of all Justice is Compassion and Mercy and if that mercy is not there the world would have been just extinct several millenniums ago! So this writer volunteered when he wanted to plead for Ajmal Kasab, perpetrators? mercenary of 26/11 attack at Mumbai, he volunteered to advance the idea of life sentence to him instead of Hanging, in December 2008, at the call of Supreme Court to appoint some one to be a defense advocate-counsel for Ajmal Kasab, and the time Bombay High Court Legal Aid was looking for one to take up.

Ajmal Kasab is alive in Jail today just because of a policeman told his colleagues not to kill him and prophetic thinking has helped our prosecution and the prosecutions of world to get deeper into who had been behind and that way Pakistan today is pinned down, as its ISI managed these Talibans and the same Talibans want to attack very Pakistan itself, like a cobra which killed its own breeder by giving milk every day!

Moral of the story is even President Obhama eliminated inhuman treatment jails of Guatemala, as his first step when he took the step of his Presidency!

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