Who is going to keep a watch over the Watchdog of Democracy?

Why did the Prime Minister of India frown?...Because his camera presence was hindered by his Special Protection Group commando.

What is the similarity between Rakhi Sawant and Arvind Kejriwal?

Do aliens drink milk?

These and many other similar statements are not the excerpts of informal conversations among friends, but are 'news clippings' and special reports of mainstream television news channels in the current scenario.

Media is known as the fourth pillar of democracy. It is known as the watchdog, which keeps the people informed about the social, political and economic progress of the country. Thus, an essential feature of a legitimately democratic polity is the freedom of the press.

Let us have a brief look at the historic role, starting from the 19th century, played by the media in India. Rammohan Roy, the eminent social reformer, was a prolific writer as well. He started/edited the newspapers Samvad Kaumudi (Bengali) and Mirat-ul-akhbar (Persian) to convey his message to the people. Similarly, Dadabhai Naoroji propagated his 'Drain Theory'—the drain of wealth from India to England—through the print media. Even draconian measures such as the Vernacular Press Act (1978) during the viceroyalty of Lord Lytton could not deter the fervour of the Indian vernacular language newspapers, some of which used innovation (such as turning themselves to English newspapers overnight) to keep going on with their publication without breaking the law. The persistent criticism of that legislation led to its repeal in 1881. In 1885, about one-third of the persons who attended the Bombay Session (first session) of the Indian National Congress were journalists or writers in some measure. The extremist Congress leader Bal Gangadhar Tilak used his newspapers Kesari and Mahratta to spread patriotism among the people. Gandhi, too, used his journal Harijan for appealing to the masses to curb the abhorrent practice of untouchability. The newspapers The Times of India and Hindu have been in publication since more than a century now.

Post independence, government directives to put a check on the freedom of the press during the internal emergency period (1975-1976) was severely criticized by the print media, sections of which left blank spaces in place of their editorial columns in protest; the others just closed down for some time rather than submitting to the dictates of the autocratic government. The post-independence period also saw the rising popularity of the radio (Akashvani) as a mass-medium. The 'Rajiv Gandhi era' and the Rajiv Gandhi-Sam Pitroda duo brought the communication revolution to India. The television brought into existence the Doordarshan as another mass-medium. Prasar Bharati has been established as a statutory body to oversee the functioning of the Doordarshan and the Akashvani (or All India Radio). Liberalization and privatization had its effects on the media too. The 'market forces' and the 'invisible hands' of the free-market economy brought increased competition, better coverage and effective check on the functioning of the government. Meanwhile, the movie industry had made its strong presence among the masses. Movies such as Garam Hawa, Mother India, Sangharsh, Swades, Taare Zameen Par have tried to bring various social issues to the attention of the people.

In the present scenario, the media can be divided into print media, electronic media, movies, and social media. Various debates, discussions, special coverage and articles about economic policies, social issues, politics and its various dimensions alongwith their impact on the society have played a laudable role of informing the people about the happenings around them. There are, however, certain issues that warrant a debate regarding the rights as well as the duties of the media.

Control over Media:

The State control and censorship over the press has always been a matter of debate. There is no provision in the Constitution of India that deals exclusively with the rights of media—the Article 19 provides the freedom of speech and expression as a fundamental right to citizens, which includes the media. That, of course, is subject to reasonable restrictions. But what constitutes 'reasonable' is debatable. Thus, prohibition of movie screenings (such as that of Dam 999, Vishwaroopam) in certain states on the basis of perceived hurt to the sentiments of certain communities, which may result in a law-and-order problem, continually becomes a matter of discussion. To decrease control of the government over the functioning of the Prasar Bharati, the Sam Pitroda committee has recommended the replacement of the deputationist Indian Administrative Service officers (controlled by the Department of Personnel and Training) by expert personnel through lateral recruitment. Similarly, the Prasar Bharati should be privatized to a certain limit to increase its financial autonomy. This will ensure that the motto of Akashvani—"Bahujanhitaaya Bahujansukhaaya" (for the benefit and the joy of the multitude)—holds true to its words.

Another issue under the same heading is the corporate control of media and whether big 'media houses' must be allowed to have their stake in multiple formats of the media, i.e., in print media, electronic media. The proponents of the corporate control call this as inevitable due to the requirement of capital. The opponents, on the other hand, call it a retrograde step that has the risk of the content presented to the people being controlled and filtered to suit the palate and the interests of the media house owner. Paranjoy Guha Thakurta had written an article for the Economic & Political WEEKLY outlining this aspect. Such a control would, certainly, be detrimental to the substantive aspect of the democracy; the consent for a particular viewpoint would be passively generated in the form of a Gramscian common sense, wherein no space would be allotted to the opposing viewpoint.

The corporate control of the media has one more spin-off—the quality of the news presented to the audience. This can be seen in the sensationalization of news items—a feature typical of the TV news channels these days. This can be clearly observed in the case of Hindi news channels on TV. Rahul Pandita, in an article in The Hindu, had recently written a satire on the role of the anchors of these channels. Further, since the supply of a good provided by the corporate sector is determined by the demand for that good (and thus the incentive for producing that good), which is measured by the Television Rating Points (TRP) in this case, the news that will benefit the country is many-a-time compromised for the attention-grabbing 'Breaking News' and features such as 'Saas, Bahu aur Saazish', 'Saas, Bahu aur Betiyan'. These features only cater to the needs of the section of the middle-class and the rich that vies for entertainment and not serious news items, but nonetheless, has a large power to purchase goods. Another by-product of this is the pro-urban bias of the media and a neglect of the rural issues.

Responsible Journalism, Journalistic Bias and Media Trials:

The role of a journalist is to present a news 'as it is' and not 'as what (s)he perceives it ought to be'. Thus, the reportage should be free from journalistic bias. This had been explained in detail in an article 'The Adjective Filter' written by the reader's editor of The Hindu in 2013. According to him, the journalist should refrain from using adjectives as much as possible because that would run the news item into the risk of getting coloured in a certain manner. The job of forming an opinion, on the other hand, must always be left to the reader.

Closely related to the issue of journalistic bias is the issue of 'media trials'. Since the judiciary is the whole and sole authority to pronounce the innocence or the guilt of a person, the media [to increase their TRP or newspaper sales] must not sensationalize any news item for its viewers in a manner which may project the innocence or guilt of a person on the basis of predilection.

Paid News, Opinion Polls and Exit Polls:

Another cause of concern is the phenomenon of paid news, which shows the negative role played by certain sections of the media in projecting the image of a certain candidate in the elections as conducive for development and well-being of the people.

Then, the opinion polls and exit polls need to be regulated to a certain extent as they can have the deleterious effect of compromising the substantive aspect of the democracy by shaping people perceptions about a political party or a candidate. In this case, the argument that there needs to be freedom of speech and expression for the media does not hold valid because ultimately, free and fair elections are the precursor of a democracy which will in turn ensure that the freedom of the press is not compromised in the future.

Social Media:

While the use of the social media (a by-product of the mobile telecommunication revolution) has been certified by the presence of the Prime Minister, various union ministries and police establishments on websites such as Youtube, Twitter, Facebook, there are certain issues that need to be taken care of. Social media stands the benefit of absence of editorial censorship and space constraints, and the proponents of it claim that the censorship is ascertained by 'peer review' and 'report abuse' mechanisms. Nevertheless, the speed with which unverified content can travel to a large number of places has the potential to create large mass congregation capable of disrupting the law and order and of fomenting social unrest (e.g., triggering the 'Jasmine Revolution' in Tunisia, the congregations in Tahrir Square in Egypt and in Shahbag Square in Dhaka in 2013, the murder of a techie in Pune in 2014). Thus, people must themselves ensure that what they are uploading on the social media is verified and harmless content. Further, the addiction to social media through technological appliances can cause psychosomatic disorders, mental depression, obesity, early ageing, decreased 'real world' contact, etc.

Despite this, care should be taken by the state not to misuse the Section 66A of the Information Technology Act (2000) to put unintentional acts under the ambit of criminal laws (as in the case of two girls in Maharashtra in 2013).

As I come to the end of this essay, I ask a question—who is going to keep a watch over the watchdog of democracy? Clearly, press censorship should be resorted to in the rarest of rare cases as otherwise that amounts to keeping the sentinel under the custody of the guarded. However, if the healthy role of the media is applaudable, the irresponsible role played by the media at certain times is equally deplorable. The media-persons need to stick to the ethics of journalism so that the media gets the same credit as is enjoyed by the Election Commission and the Supreme Court among the people of India.

Golden Mean is the Golden Rule

It is opined that "old is gold", atleast for those who honour the old ways. Seasoning is something that is synonymous with experience. Perhaps that is the reason why most of the jobs still have seniority as the most important attribute for promotions. Further, vintage articles have an inherent value attributed to them. This is more so when these articles become rare and, speaking colloquially, get coated with the patina of a bygone era.

Nevertheless, the present generation—our "demographic dividend"—tends to treat atleast some aspects of the old generation with an indifferent attitude at best or with a mild form of contempt in the worst. This is partly because of the friction that happens when the old traditions come to clash with the new ones. What, however, should be kept in mind is that the seasoned individuals have gone through many phases in life in an entirely different scenario, and sailed successfully through turbulent weathers. For them too, adjustment to the new customs is a big hurdle given that their methods of work had proved reasonably well for them in their times.

Change is the law of nature. In the words of a character in an Anita Desai novel, "the wheel [of time] turns and turns and turns. It never stops and stands still". Adaptation is the only [Darwinian] mechanism for survival; the other choice is to perish. It can be seen that this mechanism has been adopted by not just living beings, but institutions too, which behave as organic entities to ensure their survival. Most of my article will focus on the advertising industry and its effects on our minds. Thereafter, I'll try to present my case of why there should be a balance between the views of various age-groups of the population.

I had, long back during my school days, read a Hindi essay titled "Vigyapan Yug" (the age of advertisements). The author had commented, quite satirically, on the omnipresence of advertisement jingles in our times. The traditional methods of promotion through newspapers magazines and pamphlets were supplemented by the information and broadcasting revolutions (read radio and television). Since the 1980s, all thanks to the Information and Communication Technology revolution ushered in by Rajiv Gandhi-Sam Pitroda duo, advertisements have started travelling at a lightning pace. This has been bolstered by the social media, which has now been bestowed with government sanction as valid mass media.

Apart from the means of communication employed for advertising, the methods employed for selling products have been revised. There was a change in the nature of the television commercials to bring innovativeness in the field of marketing. The services of professional animation experts, lyricists, singers with a "different" voice, movie actors, sports persons, etc., have been employed by the "marketing experts", or "ad-gurus". The "kya aap Close-up karte hain" (do you use Close-up toothpaste?) jingle, Vodafone Zoo-zoos, "Ullu banao-ing" campaign of Idea Cellular, "milawat ke khilaaf jung" (war against adulteration) of Sahara Q-Shop are all examples of this. This "marketing" became the mantra because in the age of cut-throat competition brought by the trinity of globalisation-liberalization-privatization and the "free market economy", market forces necessitated that not only do the products need to be of uncompromising quality but the consumers also need to be made aware of the presence of these products (sometimes even at the expense of the quality because the overall selling price of the product could be kept low only if the quality was compromised, given the escalating marketing costs). It seems regrettable that news channels too have been smitten by this bug. Media as an industry (media houses being owned by corporate players) seems solely motivated by betterment of Television Rating Points (TRPs), increasing the sales of magazines/newspapers, etc. Adding to this is the "brand culture" associated with products. Big multinational corporations (MNCs), after establishing their firm hold in the market by capturing a sizeable market share among a particular segment of customers, escalate the selling price of their goods because of their supposedly superior quality and technology. The use of technological jargons as a rhetoric has the purpose of luring the consumers into believing that the product being marketed is the best in its league. Then, there is the pressure of continuously updating the products, even with trivial features, so that there is no perceived stagnation in the product among the consumers.

While criticizing the price revisions done by the MNCs, I do not say that everything is unfairly done. Some revisions have to be done due to the rising costs of inputs that go into the production. However, if the profit margins of the MNCs are scrutinized, one can very well conclude that such a burden on the consumers is unwarranted. What else can explain the fact that the showrooms sell their products during "off-season sale" at 40-50 per cent discount on the marked prices? This is done to clear the inventories. Still, it just isn't possible that these products are being sold at a loss to the company—no company/enterprise is such a philanthropist as to distribute freebies. I've even seen some of the shops place donation boxes at their counters for philanthropic/humanitarian initiatives. Since I've not researched into the veracity of their claims, I will not comment on this front.

Another aspect of this maze is the "managerial class". Most of the better brains of the nation, after passing out from top-notch engineering colleges, are lured by the private sector and the money being offered by MNCs. Thus, they go for a post-graduate diploma from a reputed "B-school". Thereafter, this managerial class acts as a link between the lower level workers and the entrepreneurs in the private sector. This very class is also the one that mans the marketing units of private sector companies. The class composition of B-school students outlines that management education is difficult to afford for lower-middle class people and those from the poor strata of society. Outliers from these B-schools are people such as Chhavi Rajawat, who use their management education to efficiently administer the Panchayati Raj Institutions in villages, thus contributing largely to the Indian society (real India still lives in the villages).

The consumers (I refer to an average middle-class consumer) do not seem to mind most of the price rises—a large fraction of these consumers themselves are accustomed to working in such MNCs, and thus, have a good purchasing power. Thus, the whole money seems to get circulated in a closed loop. The only beneficiaries of redistribution of income are the lower level workers who render their services to the people through these MNCs and the agriculturists who sell their goods as inputs to such MNCs. On the other hand, the Foreign Direct Investment (FDI) in multi-brand retail sector hasn't seemed to favourably affect the interests of small and medium traders, as of now.

A positive step by the Parliament—the Companies Act, 2013—has mandated the companies (which are above a certain threshold level in terms of their annual turnover/profits/net worth) to use 2 per cent of the average profits made by them in the preceding three years under Corporate Social Responsibility initiatives. Another positive step was to mandate the insurance companies to broadcast and telecast the disclaimer clauses in their policies at a slow pace on the radio and television respectively, and to publish them in large font size on the policy documents.

It is not that the advertising industry is always used to make huge monetary gains. Sometimes, social sector initiatives of the government, of NGOs reach a large spectrum of people through this very industry.

Now, I'll revert to the content of my first two paragraphs. We can learn a lot from the older generation. Any decision-maker is able to make a wise decision only after examining an issue from multiple dimensions. The previous generations have given us very good tools of analysis. Antonio Gramsci's theory of hegemony feels particularly relevant in analyzing the methods employed by the advertising industry. The intelligent amalgamation of technological jargons, marketing offers and the artificially created demand for material consumer products clearly points towards a post-modern propaganda of superstition (superstition earlier used to be mostly associated with religion). The industry has worked in such a manner as to make the consumers feel that buying "more", buying "latest" equipments are not a fad but common sense. This strategy is esoteric, confined mostly to the coterie of individuals who artificially create demand for material things in the name of better products.

It is often said that the best things in life are free [monetarily, that is; else they are priceless]. Happiness is not achieved through material comforts, given that the desire for material pleasures is otherwise insatiable. This can be seen from the examples of great men, who lived a very simple and austere life. A prominent example is of India's former President Dr Avul Pakir Jainulabdin Abdul Kalam. Another one, from an age long gone by, is of Mohandas Karamchand Gandhi. The tools (Gramscian) given by the older generation are very helpful in the analysis of an event, the motives behind people's behaviour, the positives and negatives of any action that we undertake, etc. The energy of the youth and the experiences of the senior generation can symbiotically work towards achieving the benefit of all. In this, the Aristotlean maxim of golden mean being the golden rule (corroborated in fiction by the imaginary place Shangri-La in James Hilton's "The Lost Horizon") comes in very handy. Thus, a mean must be taken between the two generations' views.

Beware the Shenanigans of today!

Considering the chicanery prevalent in our times, I think it is worthwhile for everyone to be a Machiavellian "fox" or a vixen. One's trust on an individual or a group should not be so irrational as to assume the proportions of blind faith. That doesn't, however, mean that the world is full of tricksters who are motivated solely by their own benefit. The world is not so simple as to fit under the binary classification of good and bad, or black and white. It involves shades of grey. A thing beneficial for someone may prove to be detrimental to some other person's interests, as is figuratively phrased in the saying—one man's food can be another man's poison. Nevertheless, it is pertinent that one follow a "scientific", i.e. rational, approach while going about in accomplishing any task. This approach involves an empirical outlook complemented by the eagerness to learn about the various dimensions that an issue can possibly have.

In the following paragraphs I'll narrate, through exemplification, why I've put forward the above views. Let us consider a number of examples (which I've cited in context of India):

• Politicians bickering (or so it may seem) over petty issues
• A beggar asking for alms
• Religious persons seeking alms in the name of God
• Youth seemingly enjoying the consumption of junk food

What is common to all the above events is the use of ideology and propaganda to create a myth about an issue.

In the first case, while some people may get tricked into the view that most of the political leaders represent the legitimate interests of their followers, what they fail to realize is that politics is also a profession. Political leaders are not motivated solely by pangs of philanthropy, but they too have their personal aspirations and ambitions. Take the case of Mohamed Ali Jinnah. A man, who entered the erstwhile British Indian political scenario as a devout secular person, put forth the two-nation theory to fulfill his personal ambitions. In his personal life, the London-educated barrister Jinnah wasn't even a practising Muslim—he had a taste for whisky and ham. What more? Having created Pakistan, he wanted to establish a secular polity in that country.

A recent example that can be cited is the controversy over the educational qualification of the Union Minister for Human Resource Development. What seems to be ridiculous is that Rabindranath Thakur (he was called Tagore by the British), who did not have a formal education, went on to win the Nobel Prize and established the Shanti Niketan—a novel innovative experiment in the field of education imparted amongst pristine natural surroundings. Though a doctorate, a masters degree or a bachelorette may be an asset, it cannot be held to be a prerequisite to appointment to the post of the education minister. Many other examples can easily be thought of.

It should also be noted that most of the people have the media as their source of information and the media itself is not free from any bias. Owing to corporate ownership of private media houses, many of them can have a decisive role in colouring an issue as per certain vested interests. Further, it should also be seen that many political leaders who may be bitter political opponents, polarized by ideological divides, seem to share good personal equations amongst themselves when it comes to matters outside politics.

I'll now consider the second example. While a human being cannot be completely devoid of emotions (because emotions are the very basis of humanity), one should try to be as objective as possible while taking decisions. A beggar asking for alms may arouse feelings of sympathy among certain people, which in turn might compel them to 'donate' alms. While these donors may be happy with a sense of achievement—alleviation of the suffering (atleast to a small extent) of the 'beggar'—it is more important to think about the underlying causes of this seemingly trivial occurrence. While the root causes are poverty and inequality in the society, this event may also point towards organized rackets of human trafficking who force abducted people (especially children) into begging. These illegal groups even resort to maiming children to force them to eke out a living for these trafficking-lords. One does not become a beggar by virtue of his/her socio-economic condition, one becomes a beggar by the way he/she acts (is sometimes taught to act) in front of the spectators. This farcical pretense is a strategy to arouse emotions in the donors.

Then comes the problem of seeking of alms by able-bodied people. Karl Marx had referred to religion as the "opium of the masses". These able-bodies religious beggars seek alms in the name of God, in the name of various auspicious occasions. Thereby, simple-minded people are carried away (courtesy the superstitious beliefs in India) by the astrological and numerological jargons that are fed to them by these beggars. The unsuspecting fellows feel a sense of satisfaction in having contributed to a noble cause. Consider this—the number 370 has recently been in the news, although for two completely unconnected issues. These issues are: the mysterious disappearance of the Malaysian Airlines aircraft MH370 in the Indian Ocean and the debate over the Article 370 of the Constitution of India. The psychological trait of the human mind is that it is adept at recognizing and relating patterns. Thus, examples based upon purely co-incidental events can be presented to unsuspecting people as omens having a deeper meaning. Thereafter, an ideology is created on the basis of a certain logic, and this ideology is used for promoting vested interests. The donors must understand that giving 'alms' to such people doesn't solve the problem, but aggravates the issue by incentivizing beggary. Charity to an institution is not a bad thing. Mohandas Karamchand Gandhi had also advocated the use of capitalists' wealth as a trusteeship for the poor. However, it should be ascertained that the donated resources are utilized (with full transparency and accountability) for attaining social justice through educational institutions, hospitals, etc. Derrida's method of "deconstruction" and Gramscian theory of "hegemony" are particularly useful tools for obtaining the complete picture of an event.

My fourth illustration has its roots in the hegemony (courtesy Antonio Gramsci) of fast-food multinational corporations, which is promoted by the advertising industry and supplemented by intense lobbying (at the national level) in the name of free-trade and investment. While it is true that such multinational corporations create opportunities of employment for some people of India, the effects of the produce of such firms on consumers is deplorable to an unequivocal extent. This is because such a transaction involves a trade-off between the money accrued to a handful of workers and the sound health (which cannot have a monetary equivalent) of a much larger number of people—prominently the youth (who are the "demographic dividend" of the country). The dopamine-induced sense of pleasure of junk food (a very apt term to describe such foods as are high in salt and/or sugar content, low in nutrients) has long-term side-effects. These include (but are not limited to) lethargy, obesity, infertility, hypertension, diabetes, retardation of mental growth, chronic kidney disease and (in several cases) kidney failure. A cause of concern is the promotion of junk food by movie actors. Movie actors, who most probably do not themselves consume such products and consider the commercial as just-another assignment, are given hefty amounts of money by multinational corporations for the promotion of their products.

In the current scenario, the use of rationality is a matter of Darwinian survival by being among the fittest. The absence of the traits of the Machiavellian "lion" can be compensated by having the traits of the Machiavellian "fox". When primacy is given to self-interest, it is important that one acquires knowledge (which Michel Foucault related to power) so that one is not entangled in the complex web of propaganda. Thereafter, this knowledge should be used scientifically.

Questionnaire on Capital Punishment

On 23 May 2014, the Law Commission of India has released a Consultation Paper on Capital Punishment. At the end of the paper, there is a questionnaire seeking views of the citizens of India on whether capital punishment should be retained or abolished in India. The Law Commission has given a window of 30 days (from the date of release of the above-mentioned paper) to the citizens to send their responses. The relevant information can be gathered from their website <http://lawcommissionofindia.nic.in/>.

Here's what I have sent as my response (the skipping of response numbers 2 and 3 is due to the nature of the questionnaire):

1.  I am not in favour of retention of capital punishment.

4.  Reasons for the abolition of capital punishment:

a. There is no conclusive proof that capital punishment acts as a deterrent for future crimes

b.  Capital punishment confuses the idea of retribution with justice and  society must move away from the conception of "an eye for an eye"

c.   Capital Punishment deprives people of the opportunity to reform

d.  Economically and socially backward groups will always have greater  chance of being subjected to capital punishment than the rich

e.   Capital Punishment is a form of state sponsored violence

f.   The State that has criminalized euthanasia as a form of suicide and hasn't permitted an individual to take his/her own life doesn't have any moral sanction (under the facade of bringing deterrence and imposition of law and order) to snatch away a criminal's right to life. If fake-encounter killings (State-action) are abhorred by human rights activists as well as sections of the media, the "perceived consent of the society" to permit homicide of a criminal (death penalty) is equally deplorable.  The Supreme Court has, time and again, re-interpreted Article 21 of the Constitution of India to mean a right to live with human dignity. It is unfathomable why the right to bodily life should be snatched away even if by the procedure established under law.

As has been said above, "an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot" can only create a disabled society. While the emotional appeals of the victim's/victims' families has to be listened to, it doesn't make sense to say that hanging a person by the neck/execution using poison/killing by a firing squad would bring any relief to the kith and kin of the victim(s). India doesn't hold its foreign policy—in inviting Pakistan's Prime Minister (PM) to the swearing-in ceremony of the Indian PM designate—captive to the emotional displeasure of the wife of a soldier allegedly beheaded by the Pakistan Army along the Line of Control. In the same manner, the Indian State should not get moved by jingoistic calls of capital punishment based on retribution.

Furthermore, what sanction the society has to determine whether or not a person has a scope for reformation is beyond my comprehension.

Another criticism that can be leveled against the abolition of death penalty is that it may cause an economic strain to the country to keep criminals within prisons for the rest of their life. It may be noted that when there's enough money in the country for a few individuals to pay 70 lakh rupees monthly electricity bills and for governments to provide subsidies to several unintended beneficiaries, there's certainly enough money to maintain the human capital in the country. Further, as experiments of vocational educational and work in Tihar Jail suggest, prisons are not just a source of disciplining. They can be a source of creativity and can add to the material well-being of the society as well. Hannah Arendt's concept of banality of evil has to be considered while any trial is being conducted by a court of law.

5.  As such, there is no evidence of capital punishment acting as a deterrent for crimes. The Shakti Mills gang-rape (counted as "rarest of rare" by a judge) incident of Mumbai was perpetrated long after the 16 December 2012 Delhi gang-rape case (again, a "rarest of rare" case) trial had begun. In addition, many incidents of gang-rape against dalit victims have been reported after capital punishment was awarded to the convicts of these "rarest of rare" cases. Given the extensive reach of the print media, it seems improbable that the news about these two (the 16 December case and the Shakti Mills case) verdicts would not have reached the ears of the perpetrators of crimes that were committed post the 16 December case verdict date. The presence of heinous crimes against women as well as terrorist acts point towards deeper problems in the society, e.g., poor socio-economic conditions, inequality, disillusioned youth, alienation by the State. Thus, imprisonment for full life can attain the very same objectives of deterrence as are envisaged by the society.

6.  The Criminal Law Amendment Act was made a victim to the populist stance adopted by the government as well as various political parties after a great deal of jingoism took on the streets. While awareness in the civil society is essential, the absence of such awareness in incidents of gang-rape being perpetrated against lower-caste victims in backward regions of the country clearly outline an urban bias present in the society as well as the media. The (late) Justice J.S. Verma Committee had recommended the abolition of the death penalty and that is the stand I personally subscribe to.

7.  In my opinion, homicide may be incidental or may even be the outcome of an act of self-defence. When such cases are not counted by the judiciary as "rarest of rare" and sometimes the accused are even set free in such cases, it is clear that murder cannot be equated with acts of terrorism.

8.  In my opinion, it isn't possible to categorize murders in such manner as to warrant the award of capital punishment to the convicts.

9.  I do not subscribe to the view that under normal circumstances the punishment of life imprisonment is adequate for murder but under aggravating circumstances, the Court may award death penalty.

10. Although a country may devise certain parameters to categorize offences into terror offences and non-terror offences, such a category may not be free of subjectivity and bias. In my opinion, capital punishment should be abolished for both the cases. Instead, systemic failures that give rise to heinous crimes should be curbed. While the supporters of retention of capital punishment may give the examples of Islamic countries of the Middle East in that heinous crimes are minimized if strict physical punishment is meted out, India doesn't necessarily need to follow such examples because such countries mostly don't have democratic political systems, which the Union of India swears by.

11. I think that the existing framework of police investigation and collection of evidence requires reforms to substantially reduce erroneous convictions. The use of Information, Communication and Technology (ICT) is one of the positive steps that have been taken in this direction.

12. My opinion is based on the ideological opposition to capital punishment. Hence, there is no scope for talking about more proof or less proof for different categories of crimes.

13. Yes, the award of capital punishment does have the risk of being judge-centric. Given that the conduct of judges of the High Courts and the Supreme Court is not to be discussed and debated upon in any legislative body and given that these legislative bodies are themselves prone to populist bent, there is a risk (howsoever small it may be) of judges getting influenced by pressure from society or of judges getting carried away by their inherent bias.

14. There should be a provision for rehabilitation of families of criminals sentenced to death until now provided that the convict was the lone breadwinner of the family and the family belongs to the lower rung of the socio-economic ladder.

15. There have been reports that in the US, there were delays in the execution even by poisonous injection. Such delays caused an inhuman treatment to the convict. Capital punishment itself should be abolished, leave aside the question of any other mode of imposing the death penalty.

16. No, there should not be any guidelines laid down for the President and the Governor to exercise their powers of granting mercy under the Constitution of India in death penalty cases. This is because such guidelines would again be vulnerable to subjectivity. Further, there should not be any time-limit for the President to decide on the cases of mercy petition being submitted to him. If status quo were to be maintained, this pocket veto would leave a scope for the President to not give his/her consent for the execution.