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Justice Blinded
An eye for an eye, Gandhiji famously
pronounced, can turn the whole world blind. When the same principle is brought
to bear on a judicial verdict, it is comment enough on the blindness of that
criminal justice system. A shariat court in Saudi Arabia has just pronounced
that Puthan Veettil Naushad, an Indian worker based in that country, should lose
an eye to meet the ends of justice because he had allegedly hit a local resident
and deprived him of sight in one eye. This judgment is nothing but a gross
perversion of justice. What world are we living in if judicial pronouncements
are allowed to verge on the barbaric?
Not only is this punishment grossly disproportionate to the offence—Naushad
certainly did not mean to cause blindness in the man he had accosted—it is based
on the principle of revenge. Retributive justice of this kind is not just
anachronistic, it is out of sync with the universal trend of restorative justice,
which strives to reform criminals, or those who exhibit criminal behaviour, so
that they can become useful members of society once again at some point. One of
the shortcomings of the criminal justice system in Saudi Arabia is its lack of a
written penal code, or codes of criminal and judicial procedure. Consequently,
the authorities who dispense justice have wide discretion to decide what
constitutes criminal activity and what punishment it should attract. Needless to
say, they can, and have, gone terribly wrong. Of course, the process by which
criminals are brought to justice varies widely from country to country. But as
societies evolve, and the world gets increasingly globalised, it behooves
governments to initiate reform in keeping with universal principles. Saudi
Arabia, by refusing to do so, remains firmly in the quagmire of medievalism.
It must now seriously and urgently reconsider the punishment meted out to
Naushad. He should be punished for his violent behaviour, certainly, but that
punishment must be proportionate to his offence. Robbing him of his eye would be
tantamount to displaying an egregious lack of judicial and governmental vision. |
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