A nation built on dharma, yet paralysed by doubt. Why?

In the cradle of one of the worldrsquos oldest civilisations where lsquodharmarsquo was once the heartbeat of society why do we falter when asked to pass the ultimate judgmentThis is the land of the Mahabharata and Ramayanamdashstories that didnrsquot just entertain but taught us the essence of justice fairness and the courage to stand by whatrsquos right Once upon a time our rulers held themselves accountable to the highest moral standardsJustice wasnrsquot just a word it was a duty etched into the soul of this nation And yet today when the gravest of crimes shock our collective conscience we hesitate We fumble We turn away from the harsh decisions that justice sometimes demandsYes this is about the Kolkata rapemurder case that shook the countryrsquos conscienceOn August 9 a bright 31yearold postgraduate trainee practising at Kolkatarsquos RG Kar Hospital had just finished her duty at and taken a break at the seminar hall A civic volunteer working for Kolkata Police enters the hall brutally rapes her and murders her after the sexual assaultLess than six months after the brutal crime ndash which triggered a number of protests especially by the medical fraternity in Kolkata and across the country ndash the court found Sanjoy Roy guilty and handed him life in jail till deathThis decision has sparked a wave of debate with many questioning the integrity of our judicial system which failed to deliver the ultimate form of justiceIs the lsquorarest of rarersquo clause a hindranceThe Supreme Courtrsquos doctrine of rarest of the rare cases formulated after the Bachan Singh case in 1980 was meant to create a clear boundary for when the death penalty should be appliedThe case ruled that the death penalty is constitutional in India but should only be given in the rarest of rare cases with careful consideration of all factors The reasoning behind it was simple death must be reserved for those crimes that are not just shocking but beyond redemptionWhat is the ldquorarest of the rarerdquo clause And who is empowered to determine what falls into this exclusive category Wersquore left to wonder if justice is becoming a lottery with every heinous crime being filtered through the hazy lens of judicial interpretation Does a brutal terrorist attack qualify A childrsquos brutal murder Or is it just another statistic in a long line of violent acts that fail to pass the illusory threshold set by the courtsCapital punishment is not just another lawmdashit is the final irreversible act of the stateEvery time a sentence of death is passed it sends shockwaves through the system but also through society begging the question why is it so hard for our courts to call a spade a spadeAdvocate TrivanKumar Karnani explains that the hesitation in imposing the death penalty even in extreme cases is rooted in the discretionary powers of judges who apply their judicial conscience after presiding over a trial reviewing the evidence and considering societal implications The decision to impose life imprisonment over the death penalty in cases such as the RG Kar Medical College case reflects the careful balance judges must strike he saysCourts in India must evaluate numerous factors including the criminal antecedents of the accused the gravity of the offense the circumstances under which the crime was committed and the possibility of rehabilitation The rarest of the rare doctrine requires careful consideration of these elements he explains furtherAccording to Karnani Indiarsquos legal framework particularly regarding crimes against women has evolved significantly but it still upholds the principle that sentencing should not be merely about retribution or vengeance but should include a focus on reformation and rehabilitation ldquoThe judiciary is keenly aware of the need to safeguard against miscarriages of justicerdquo he saysThe hesitation to execute the death penalty has become a disturbing patternWhether it is a horrific terrorist act the brutal rape and murder of an innocent woman or a senseless mass killing many of these criminals escape the ultimate punishment The courts citing the ldquorarest of the rarerdquo criteria fail to deliver closure to families who live every day in the shadows of their loved ones brutal deathslsquoCapital punishment needed but how do we trust systemrsquos integrityrsquoClinical psychologist Shreshtha Dutta offers a powerful psychological perspective on this issue particularly in relation to Royrsquos caseDutta feels that the punishment for Royrsquos crime is insufficient From a societal perspective she believes the justice system should be based on logic and science and theres a need to assess the environment in which an individual is raisedIn Roys case she mentions that his lack of character and basic civic sense may stem from a flawed upbringing or personality formation which could involve childhood issues and a distorted psycheHowever she points out that society is not investing enough resources in rehabilitating such individuals and the environment is crucial for personal growth ldquoWithout providing proper rehabilitation opportunities life imprisonment is meaningless because it doesnrsquot offer the chance for changerdquo Dutta stressesShe also brings up the nature versus nurture debate highlighting how even individuals with good backgrounds and upbringing can commit heinous crimes as their personality formation could be influenced by various unknown variablesShe points out that trauma lack of moral obligation or psychopathological issues could drive someone to commit such crimesldquoTrauma or psychological disturbances can lead to such heinous acts We cannot ignore that mental health plays a significant role in how these individuals developrdquo she addsWhile she leans towards capital punishment in extreme cases Dutta is concerned about the systemrsquos integrity She stresses that capital punishment must be carefully considered ensuring that it is only applied to the right person The risks of innocent people being wrongly sentenced are significant and we must approach this with utmost caution she adds emphasising the need for a serious unbiased approach in decisionmaking especially when the stakes are as high as life and deathlsquoHighranking individuals escape accountabilityrsquoWomenrsquos rights activist Dr Lata Pratibha Madhukar who has had a firsthand experience of the failures of the legal system offers a critical analysis of Indiarsquos approach to justice in the cases of rape Drawing on significant legal battles Madhukar references the landmark Mathura custodial rape case wherein In 1972 a tribal girl was allegedly raped by two policemen at a Maharashtra police stationTheir acquittal by the Supreme Court sparked protests leading to the Criminal Law Amendment Act of 1983 and ignited the womenrsquos movement in India The movement led by individuals such as Upendra Bakshi and Lotika Sarkar demanded progressive judgments particularly the shift in the onus of proof in custodial rape cases she explainsThe case brought forth the essential idea that the onus of proof in custodial rape cases should fall on the witness not the accusedMadhukar sharply criticises the judiciarys tendency to release rapists highlighting cases like that of Bhauri Devi where highranking individuals escaped accountabilityA civilisational dilemmaIndia with all its philosophies on karma reincarnation and the concept of lsquoahimsa nonviolencersquo finds itself in a deep moral struggle when it comes to punishmentWhile we revere the teachings of Buddha who advocated for mercy we hold sacred the principles of justice as seen in the epic tales of our civilisation Our judicial systemrsquos struggle with capital punishment reflects this civilisational tugofwarmdasha struggle between compassion and justice between the need for fairness and the reality of moral outrageBut what happens when the scales of justice tip too far in favour of mercy What happens when the laws hesitation creates more pain more chaos and more despair for those left behind Can a society that is reluctant to impose capital punishment truly be fair to the victims Can we claim to uphold justice when murderers and rapists whose crimes have torn apart innocent lives are left to live on in the name of human rightsAdvocate Karnani adds A more comprehensive approach including preventive measures education empowerment of women and speedy trials leading to timely justice is necessary to truly deter such crimes in the long term The law must address not only the crime but also the social and systemic factors that perpetuate such violenceThis brings us to the most pertinent question who truly deserves to live in a society that has suffered the agony of violent crime Should we turn a blind eye to the suffering of families who have been robbed of their loved onesThe death penalty is not just a punishment it is a statement a statement that certain crimes are so vile so inhumane that they warrant the severest of consequencesThe real travesty lies not in the cases where the death penalty is imposed but in the cases where justice is delayed diluted or denied altogether The question remains can we afford to be so hesitant when so much is at stake