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Monday, September 10, 2007

I had this interesting discussion with a friend today…it started when he commented- "That Alister guy got just 3 years of imprisonment yaar…just 3 years!!"

"That’s good enough", I said and this is what followed-

Sidd (friend)- "What?! He should be given much more! He killed 7 people!"
Me- "He did not kill them Sidd, they got killed…there is a difference here."
Sidd- "What difference? They are no more! They died…their loved ones are suffering."
Me- "Yes, but how does Alister spending, say 10 years in prison get the dead back? Does causing harm to Alister give peace to the family of those who died? Say even if it does…is that right? Tit for tat, is it?"
Sidd- "Its not about Tit for Tat, its about punishing him for the wrong he did…(interrupted by me)."
Me- "Punish him to harm him or change him for the good?"
Sidd- (trying to find the right words)
Me- "Why do we or should we punish the people who have done a mistake? What is the purpose behind punishments? Is it to cause harm to that person or should it be to teach him a lesson in a way that he will be truly sorry and will not repeat the mistake? …Isn’t that the right way to go about it?"

From then on the debate was mine, for I believed in what I was saying. Firstly, there is a difference between a deliberate act and a mistake. And when you are reacting to the mistake in order to correct it, you first got to know what the mistake was.
In the case of Alister Parriera the mistake was not killing people. It was driving under the influence of alcohol. Had he not been under the influence of the liquid he would not have gone ahead and killed 7 people, by choice. And that brings us to the justification of the jail term.
Jail is not a magic remedy home where you put someone and all is taken care off. In most cases a jail term is where the problem begins! Jail is for those people who are a threat to civil society. It is primarily for people who should not be allowed to roam around unchained amongst people for their mere presence is dangerous to others. Are Alister or for that matter Salman Khan and Sanjay Dutt such people?
I’m not saying that such people should be set free without punishment, Not At All but let the punishment be constructive. Let it change them and make a positive difference to the society at large.
Let Alister after his jail term or otherwise be subject to some contribution to the drinking and driving problem. Make him responsible for keeping check of such events for a certain period of time in a certain way in a certain area. Same goes for Salman Khan or Sanjay Dutt and so many others who are just offenders to begin with but after a jail term they are criminals!

I have no association with Alister, Salman or Sanjay but i've a definite objection to the manner in which certain of problems are tackled, for in such cases its not the mistake that makes a as much a negative difference as much as the remedy.

Its hence important for us to remember in all spheres of live the objective behind any punishment and then the result of it on the subject and the problem…unless of course the idea is just to cause damage to an individual because he caused damage to someone! And that by no means is right…although it is definitely simple and immediate.

3 comments:

Nash said...

It was nice to see your email and that your blog is getting more action now. An update will follow from me (I know you wrote to me before and I still haven't replied. Basically, I've been moving to a new apartment).

Regarding this particular post, while I agree with you completely, I cannot understand some people's need for "vengeance by proxy" (this is what I call Sidd's opinion). I would understand if the family members of the deceased would want to see Mr.Pereira chopped up into little pieces and fed to rats(Tarantino style) . That is a natural emotional response. But third parties such as the public at large should be able to maintain some objetivity here. Alistair committed manslaughter by negligence. He is not a murderer. In all fairness, the deceased were also engaged in what is legally a (albeit rather trivial)crime, that is sleeping on the footpath. I would in fact think that he should have been absolved of the alleged manslaughter and simply should have been sentenced for drunken driving. What happened beyond that is a matter of bad luck and negligence on part of the deceased.

End of ramble. Will write later.

Unknown said...

Hey nash...

I'm glad you agree and it gives me relief to see that my point has gone across.

That apart, i'm waiting for a mail from you as it is overdue...

MM said...

Nice post Amey. I agree with your views. The remedy shouldn't act as a poison.