Wednesday, November 15, 2006

Death Sentence

Well, the topic has no relevance of any sort with Saddam Hussein or Afzal or with dhara Singh. This death sentence that i try to write upon is different. It is the death sentence that many of us may not adjudge by the name that I’ve called it. It is the death sentence that has been justified all through the Indian cinema.(Kollywood, Tollywood, Bollywod). Yes! I’m talking about the capital punishment that personifies anger in the youth in this sensation-driven nation. O.K, O.K, too much build-up for a villain. This is about the way the Indian police end the cases that they cannot end legally. POLICE ENCOUNTER.

The Indian Penal Code gives a special clause to protect a murderer from being punished for protecting himself. In such a case, if the murderer doesn't involve in a conspiracy or if the MENS REA (Pre-planning) could not be proved, the acquitted could even get released. (Of course, this doesn't depend on the circumstances or the various clauses in the IPC, but on the advocacy of the lawyer). I guess Mr.Ambedkar's period wouldn't have had encounters, provided the extra clause in the IPC that doesn't allow the judiciary or the police to even initiate action on the police officials when the police show evidence that the encounter was done to protect themselves.

Yes! Yes. I do not know the difficulties that a true passionate police man faces in his career. I have not faced a ruffian or have faced problems due to them. But still, this action could never have any strong justification in response to the costliest possession in a man's life-LIFE. As per the saying "Necessity is the mother of Invention", this style of finishing a case should be invented by those officials who should have faced extreme difficulties with those evil men who pose an intense threat to the society. While the main question is "Is this a correct option?", there arises many sub-questions with it "Has it really solved the purpose?", "Is it used only for the prime intended purpose?". While the main question is as controversial as "Indian educational Reservation system", "The Burga in Great Britain", the sub questions remain unanswerable by any single individual.

The very sad fact is that this human rights exploitation being seen as an extremely efficient option to curb the social evils is an insult to the thinking process of this country. In fact, it possesses a hidden danger in itself by providing chances for iterating the crimes. However evil the murderer, rapist, terrorist may be, the only chance that lies in front of him to realize his crimes and it's after-effects is to give him time and the proper environment. Well, there lies another hurdle before me. "If the criminal is influential enough to escape his punishments"! This is of course the prime reason that pro-encounterists charge upon. This is not such a minuscule social evil that this blog can give an answer to. But here comes the vision that each individual should opt for. If he opts for a shorter vision, he cleans only the tile where he stands not seeing the whole floor is stained. When he opts for the longer vision, he takes measures to clean the floor, even though he couldn't walk in a cleaner floor.

This act even goes personal for the police men. RETRIBUTION. What is the difference between the thug and the police when both their acts are similar except the fact that the later wears a government uniform? What big difference has Raghavan made to the society when seeks vengeance on the thugs who killed his wife except for a few whistles from the front rows?

As you see the second question's answer shows the point that ENCOUNTER is used as a weapon not just to create a sense of danger among the ruffians but also to create potential criminals. In south tamil nadu, petty criminals are black-mailed that they will be encountered if they do not turn themselves towards wealthy crimes. Also this seems to be an easy option for politicians to solve some of their political issues.

The way encounters are projected in southern films is one of the examples that it hasn't come out of it's shell and it at any one fine part of the film has to compromise for the mass factor and there by increase the 'i' (imagination--Non-reality)value in a COMPLEX film (a+ib). Take for example the reason that Anbuchelvan give to justify encounters, the cost to proceed legal action against a criminal to be payed by the taxpayers. "ஒரே புல்லெட் ! இப்போ வித்யா சந்தோஷ படுவாள்ள ?" . But the liberty that the bollywood audience give to their film makers has made this 'i' value in it's complex value if not zero at least lesser than the former 'i'. In the film 'Ab tak Chappan', when a junior officer after an encounter asks nana patekar "Isn't it a crime ?". Nana patekar questions back "Is killings by the indian army men a crime?” Of course, baffled by such a stupendous response, the Jr.officer replies "But they are enemies". Now, our man gets serious "How do they know?” Not understanding where this conversation is leading, the Jr.officer replies "Their seniors". Now our man with that famous sinister smile in his face replies "You are right. We get our orders from our seniors and we perform it. There are no reasons or justifications here."