Here's proof that poor get gallows, rich mostly escape

[prasad1]

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This phenomenon is not unique to India, It is universal.

he fact that our legal system is skewed against the poor and marginalized is well-known. And to that extent, it's only expected that they get harsher punishment than the rich. But here are figures that tell the full story.
A first of its kind study, which has analyzed data from interviews with 373 death row convicts over a 15-year period, has found three-fourths of those given the death penalty belonged to backward classes, religious minorities and 75% were from economically weaker sections.

The reason why the poor, Dalits and those from the backward castes get a rougher treatment from our courts is more often than not their inability to find a competent lawyer to contest their conviction. As many as 93.5% of those sentenced to death for terror offences are Dalits or religious minorities.

The findings are part of a study conducted by the National Law University students with the help of the Law Commission that is currently engaged in a wider consultation with different stakeholders on the issue of death penalty and whether it should be abolished.

http://timesofindia.indiatimes.com/...s-rich-mostly-escape/articleshow/48151696.cms

 

[yesmohan]

This phenomenon is not unique to India, It is universal.

he fact that our legal system is skewed against the poor and marginalized is well-known. And to that extent, it's only expected that they get harsher punishment than the rich. But here are figures that tell the full story.
A first of its kind study, which has analyzed data from interviews with 373 death row convicts over a 15-year period, has found three-fourths of those given the death penalty belonged to backward classes, religious minorities and 75% were from economically weaker sections.

The reason why the poor, Dalits and those from the backward castes get a rougher treatment from our courts is more often than not their inability to find a competent lawyer to contest their conviction. As many as 93.5% of those sentenced to death for terror offences are Dalits or religious minorities.

The findings are part of a study conducted by the National Law University students with the help of the Law Commission that is currently engaged in a wider consultation with different stakeholders on the issue of death penalty and whether it should be abolished.

http://timesofindia.indiatimes.com/...s-rich-mostly-escape/articleshow/48151696.cms

Many of the people among the jail mates think that they have to forego all facilities if they come out. " LOL "

 

[krish44]

Our lower courts liberally hand out death sentences in many cases.

It was recently found by supreme court that hardly 60 of about 900 cases of death penalty given by the lowest courts really warranted it and were upheld

Others were acquitted.

 

[vgane]

The worst bane of our judicial system is the inordinate delays..Justice delayed is Justice denied..

How much have the courts modernized in the last 68 years since India's independence! One common sight is the ubiquitous presence of typewriters! This shows the level of computerization!

Justice should be seen by all the masses not just the upper and elite classes!

A civil suit takes 10 to 15 years for completion! Who has the time and energy to follow through!

Our legal system continues to be a legacy of British law!

It has to be seen as responsive and responsible!

 

[auh]

I think we dont have enough info to discuss the topic; consider this:

Observation : A bird flies in the air
Conclusion : Anything that flies in the air is a bird.

The article quoted seems to attempt a similar justification. This is the observation

A first of its kind study, which has analyzed data from interviews with 373 death row convicts over a 15-year period, has found three-fourths of those given the death penalty belonged to backward classes, religious minorities and 75% were from economically weaker sections.

, from which the below conclusion is drawn

The reason why the poor, Dalits and those from the backward castes get a rougher treatment from our courts is more often than not their inability to find a competent lawyer to contest their conviction. As many as 93.5% of those sentenced to death for terror offences are Dalits or religious minorities.

Unless more data is revealed the conclusion would remain poorly justified.

 

[prasad1]

I think we dont have enough info to discuss the topic; consider this:

Observation : A bird flies in the air
Conclusion : Anything that flies in the air is a bird.

The article quoted seems to attempt a similar justification. This is the observation , from which the below conclusion is drawn

Unless more data is revealed the conclusion would remain poorly justified.

To me the article is very clear. The conclusions are based on facts, and I have seen this kind of argument.
If you specify the data you require may be we can provide it.

Rest of the article in TOI, and I provided the link in mt post.


Law panel chairman Justice A P Shah, himself a strong proponent of abolition of death penalty, is to submit a final report to the Supreme Court by next month.

Senior advocate Prashant Bhushan said: "It is true that there is a class bias, otherwise why would we have so many people languishing in jail because they cannot afford a lawyer to get bail?" He said only 1% of the people can afford a competent lawyer. Afzal Guru hardly had any legal representation at the trial court stage, he added.

Founder of Human Rights Law Network and senior advocate Colin Gonsalves holds similar views. "I think the finding that 75% of the death row convicts are poor is the absolute minimum. The rich mostly get away while the very poor, especially Dalits and tribals, get the short shrift."

The NLU students have interviewed all the death sentence convicts and have documented their socio-economic background. The psychological torture these prisoners face before they are hanged are some of the observations in the study. Prisoners on death row are not allowed to attend court proceedings most of the time. In many cases, those interviewed revealed they were unable to understand proceedings even when they got an opportunity to be in the court as there was not much interaction with their lawyers.

"Gallows are only for the marginalized. The first thing when a person is arrested is his access to a lawyer. The poor don't get that access while the well-off do and that completely changes their case," said Suhas Chakma of Asian Centre for Human Rights. For the economically weak, legal aid or advice comes at the trial stage by which time it is too late, he added.

Within the prison, death row convicts are put in separate barracks and kept in solitary confinement. They are not allowed to work unlike other prisoners or mingle with anyone else, leading to many psychological disorders. The result is startling. Many prisoners interviewed said they wanted to die and should be hanged without delay. A few mentally strong ones said if represented well they could escape the gallows.

Between 2000 and 2015, 1,617 were sentenced to death by the trial courts - 42% of them from UP and Bihar. The conviction rate, however, at the stage of high courts and the SC was much lower at 17.5% and 4.9% respectively. Most death sentences were commuted to life imprisonment or acquitted.

 

[Iyyarooraan]

What is justice to the South is not the same to the North. CSK and RR have been punished so also Sreenivasan. But Lalit Modi is a king of all Kingdoms. Corruption is detected only in the South and the whole North is full of angels. It is time SIs learnt how to wriggle out of things so that justice can evenly be served... Rich people can be source of tax, but dalits or not.

 

[zebra16]

I think we dont have enough info to discuss the topic; consider this:

Observation : A bird flies in the air
Conclusion : Anything that flies in the air is a bird.

The article quoted seems to attempt a similar justification. This is the observation , from which the below conclusion is drawn

Unless more data is revealed the conclusion would remain poorly justified.

Of course, the article is full of Tirupathi and Mottai-thalai and the conclusion drawn is Telangana (or the undivided Andhra) is full of mottai thalais.

Prashant Bhushan said two things : First, there is a class bias and the second many are languishing in jails because they cannot afford to get a lawyer for bail.

Now class bias is mischievously interpreted to mean as Dalits and Minorities (i). Second, what Bhushan said about people languishing in jails not getting a lawyer for bail is hardly applicable to convicts with death penalty. Is murder conviction a bailable offence?

Second, percentages are used to represent totally irrelevant figures. Conviction by trial court would naturally be higher because the trial court adjudges all those who are charged with murder or attracting death penalty otherwise, whereas High Court considers only those cases where appeals have been preferred either by the convict or by the State. This rate of conviction will still be lower in Supreme Court because only those cases that are rejected by High Court are taken up or when the State makes further appeal.

A simple google search would have enlightened that since 2009, only two persons (one in 2012 - Ajmal kasab) and (one in 2013 - Afzal Guru) have been hanged and so the other statistics are a mere mumbo jumbo.

What the article truly fails to show is that no death penalty is carried out unless the death conviction is upheld by Supreme Court and the mercy petition is turned down by two compent authorities (the Governor of the concerned State and the President of the country) so furnishing conviction data of trial court etc. is total hogwash.

If the prisoners on death row are kept in solitary confinement etc. as stated in the TOI report, it is of course to be rectified.

The same media will scream MURDER if there is a rape charge and would demand on the spot execution of the assailant by a kangaroo court and those who advise a bit of caution will be termed as Rape apologists.

 

[yesmohan]

Of course, the article is full of Tirupathi and Mottai-thalai and the conclusion drawn is Telangana (or the undivided Andhra) is full of mottai thalais.

Prashant Bhushan said two things : First, there is a class bias and the second many are languishing in jails because they cannot afford to get a lawyer for bail.

Now class bias is mischievously interpreted to mean as Dalits and Minorities (i). Second, what Bhushan said about people languishing in jails not getting a lawyer for bail is hardly applicable to convicts with death penalty. Is murder conviction a bailable offence?

Second, percentages are used to represent totally irrelevant figures. Conviction by trial court would naturally be higher because the trial court adjudges all those who are charged with murder or attracting death penalty otherwise, whereas High Court considers only those cases where appeals have been preferred either by the convict or by the State. This rate of conviction will still be lower in Supreme Court because only those cases that are rejected by High Court are taken up or when the State makes further appeal.

A simple google search would have enlightened that since 2009, only two persons (one in 2012 - Ajmal kasab) and (one in 2013 - Afzal Guru) have been hanged and so the other statistics are a mere mumbo jumbo.

What the article truly fails to show is that no death penalty is carried out unless the death conviction is upheld by Supreme Court and the mercy petition is turned down by two compent authorities (the Governor of the concerned State and the President of the country) so furnishing conviction data of trial court etc. is total hogwash.

If the prisoners on death row are kept in solitary confinement etc. as stated in the TOI report, it is of course to be rectified.

The same media will scream MURDER if there is a rape charge and would demand on the spot execution of the assailant by a kangaroo court and those who advise a bit of caution will be termed as Rape apologists.

Yes. Conviction by trial court would naturally be higher because case is in full form and strength, then.
Before coming to the High Court most cases become diluted.

While coming to the Supreme Court , cases not only got diluted but also gate avenues are made wide open in the loop holes, by the legal luminaries. Benefit of doubt always plays the major role in favour of the accused.