Abolition of Death Penalty in India

His Excellency Dr. A. P. J. Abdul Kalam
Hon'ble President of India, New Delhi

His Excellency:

I am glad that you have taken a public stand against capital punishment. Your polite but firm suggestion to the government to debate all aspects of capital punishment in Parliament and to frame a comprehensive policy incorporating the sociological aspects of each case, its humanist and compassionate grounds, the scope for recidivism after commutation and consideration of the financial status of the families of those on the death row is a step in the right direction.

I deeply empathize with the family and friends of victims of all kinds of heinous crimes. I am however conscious that another death will neither heal nor resolve the tragedy of such families. I believe that the killing of one human being by another person or state is wrong and that capital punishment is not a deterrent to crime and serves only the purpose of revenge.

I believe that the Sikh ethical approach of compassion, forgiveness and scope for reformation of one's life is a prerequisite for a progressive civil society. It is significant to mention that Maharaja Ranjit Singh, the Sikh ruler, in his 40 year reign (1799-1839) did not use the death penalty, even in cases, where he was the subject of attack.

Around 40 people are on the death row all over India and another 11 in the Panjab. Of these, as many as 20 petitions are pending before you for relief from the death sentence. I urge you to order the commutation of all death sentences. The government of India should be asked to abolish the death penalty from the statute by amending Section 53 of the Indian Penal Code. India should ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights and support initiatives in this direction by various members of the African Union and the United Nations.

I wish to point out that Article 19 of the Charter of Fundamental Rights of the European Union, under the chapter of Protection in the Event of Removal, Expulsion or Extradition, clearly states, No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment. At the global level, India is in a precarious condition while ensuring implementation of this clause. On the one hand, while seeking to extradite someone, it gives assurance to courts and respective governments based on the above charter. Otherwise it is not possible to obtain the accused. If however, it chooses to honour its commitment, it would amount to discrimination with others on the death row and a violation of the fundamental principle of equality before the law. The only way out, therefore, is to annul death penalty.

Amnesty International and other world organisations have conclusively held that, in any society and under any economic or political dispensation, there is no decrease in the commitment of crime from the use of capital punishment. As many as 111 countries have completely abolished capital punishment in law or practice. It is time for India to join the ranks of these countries.

Following the example of values espoused by Nelson Mandela, accepting the provisions of the Statute of the International Criminal Tribunal for Rwanda and the Statute of the Special Court for Sierra Leone which exclude capital punishment for perpetrators of the most serious crimes and remembering that even several African countries have never applied the death penalty in the last 10 years, I believe that the moment has come for India to call for a moratorium on capital punishment and to eventually abolish death penalty.

I beseech you to respond to this appeal, which is part of a campaign, started on World Day Against the Death Penalty-October 10, 2005.

I urge you to sign the black warrant for the death penalty in India.