Let us raise the curtain-Peine De Mort…by…Omiamah Zaman Khan

I still remember I felt heartbroken when I walked into that big hall of National Assembly of Pakistan for presenting a case in human rights committee and becoming a part of discussion and debate on a very sensitive issue which was the talk of the town. This case was none other than Zainab murder case of 2018. In that formal setting everybody was down in the dumps and unanimously every eye wanted the justice for that little girl. This sad story which I witnessed in 2018 doesn’t end here as it still continues till today-from our little Zainab to Noor Mukadam. Its really unfortunate how many girls have lost their lives and these lamenting cases have now become the stories and part of our daily drawing room discussions. It is now imperative to raise the curtain and speak out loud about all the murmurs that are blockade for the road way to justice.

New evils require new remedies. In recent years we have witnessed soaring cases of sexual assaults, harassments, killings and a wide crack in Pakistani social system. The vast majority of these cases have been inflicted against females and children. All these occurring crimes are constantly challenging the government and most importantly the judicial system of the country. However, a new strong voice of lex-talionis that is the law of retaliation is raging from different corners of the country. To elaborate, the law of retaliation takes birth from ancient principle that argues, the punishment-should mirror the crime. However, the idea of death penalty as retribution is a raving topic which is becoming the crux of all the major discourses among masses after every other heinous incident. Not to forget it is the idea that was found in the Code of Hammurabi in 750 BCE. On the other hand there’s a counter argument rising against the idea of death penalty that the punishment of execution by State is like legitimising the murder.

Now, let’s highlight the main arguments of those who favour this proposition. The very first argument is that capital punishment of death penalty can deter the heinous crimes in the society and can create a social order. Moreover, another argument that is reflected over the punishment of death penalty is that it can protect society from the criminals, who have tendency to perform extreme crimes and can damage the social fabric. Furthermore, this segment also believes that the idea of death penalty is the path way for a just method of retribution. As, this mechanics of punishment of death penalty can appease victim or victim’s family.

However, those who oppose death penalty have plethora of profuse arguments to justify it as a wrong move by the justice system. The abolitionists rave this idea and their argument rose from the Age of Enlightenment in the 18th century that two wrongs cannot make a right. The moral argument is that executions by themselves are a form of legitimise murder. Further, the supporters of this counter argument believe that there’s no major evidence that the death penalty can bring deterrence to crimes in the society. To justify the argument the abolitionist will give a prompt example of a suicide bomber being executed can turn into a martyr or hero in some sections of society. Nonetheless it’s not to be ignored that there are some countries with low crime rates and without this capital punishment. Furthermore, the opponents believes that state by ordering this type of act is on the path of taking vengeance – which from nowhere is a form of justice. Moreover, the opponents argue that death penalty after a short time spent in the jail is a very meager punishment. The real punishment should be intense like a life sentence in a dark cell with no parole. That is a form of living death in misery. Further, the abolitionists believes that the death penalty is not only against human rights it is also an irrevocable mistake that can be exploited against an innocent or even can be used as a political tool for repression.

However, the irony is that till today our justice system in the world is divided on this topic. There are numerous arguments which can be laid out by the supporters and abolitionists in regards to this topic but, nonetheless both arguments are mirror image of the conscious disparity of our global justice system. Therefore, it is not surprising that, till today some super powers with the rest of the world are still living in the medieval times.