36. Reading Skills Comprehension: Judgement

Judgement

Read the passages given below and answer the questions that follow them:                             

Each of us is more than the worst thing we have ever done. The Supreme Court’s Bachan Singh’s judgement clarified that the taking of life is not an easy decision, that all mitigating circumstances must be considered before delivering a death sentence.

And yet, sentencing practices are lax. Defence lawyers often presented a cursory case, and judges did not rigorously apply the “rarest of the rare” framework. They sought no information on the prisoner’s circumstances—the psychological, physiological, economic and social factors that affected the individual before the court.

In the US, by comparison, a whole range of such factors is explored, with social workers assisting defence lawyers. Abandonment and neglect, early sexualisation, substance abuse by parents, violence in childhood, suicidal and self-destructive tendencies are all considered. These are not marshalled to justify the crime, but to show how the accused is a sum of all influences, and cannot be reduced to the crime alone. In India, the possibility of reformation is not fully considered, accounts of conduct in prison are rarely sought.

Prison conditions can be dehumanising for anyone, but they are harrowing for those facing death. Light bulbs in cells being kept on all night, sleep deprivation and squalor are common experiences. Despite legal provisions, death row prisoners are often denied basic medical attention. Those sentenced to death are not permitted to work and earn, which they often want to do, to buy essentials or just for mental respite. The presence of gallows in many prisons is a constant reminder of the death sentence—in many cases, prison officials morbidly show them to the prisoners, to traumatise them.

 Out of the 191 prisoners who spoke about it, 185 said that no lawyer had been available during interrogation. At the time of being presented before the magistrate, 169 out of 189 did not have a lawyer. Of the 20 who did, only three were legal aid lawyers. Prisoners spoke of legal aid lawyer demanding money, and conniving with the other side. Contrary to perception, 70.6% of the prisoners had private lawyers. Even poor families sold their assets to hire them.

But the lawyers had a perfunctory connection with them, at most. At the High Court level, 68.4% of the prisoners had never met their lawyers. Of the cases in the Supreme Court, 44.1% of the prisoners did not even know the names of the lawyers representing them. This non-interaction compromises the quality of defence, restricting it to the technical nature of the crime rather than its context. It also alienates the accused from the judicial process. The family are left in the dark.

Questions                                                                                                                   

I. Answer briefly:

1. What did the Supreme Court clarify in Bachan Singh’s judgement?

2. Why are sentencing practices lax in India?

3. How can prison conditions be dehumanising and harrowing for those facing death?

4.  How does the non-interaction of the lawyers compromise the quality of defence?

II. Choose the words from the options opposite in meaning to the given words:

1.rare (para 2)

(a) scare                      (b) common

(c) exceptional            (d) unique

2. harrowing (para 4)

(a) motivating            (b) distressing

(c) problematic          (d) embarrassing

3. morbidly (para 4)

 (a) dejectedly            (b) angrily

(c) insanely                (d) cheerfully

4. contrary (para 5)

 (a) opposite              (b) similar

(c) despite                  (d) reverse

Answers

I.1. The Supreme Court clarified in Bachan Singh’s judgement that taking of life is not an easy decision. All mitigating circumstances must be considered before delivering a death sentence.

2. Sentencing practices are lax in India as defence lawyers present a cursory case. Even the judges don’t apply the “rarest of the rare” framework.

3. Prison conditions can be dehumanising and harrowing for those facing death. Sleep deprivation and squalor in the cells are very common. They are not permitted to work and earn and are segregated from other prisoners.

4. Of the cases in Supreme Court, 44.1% of the prisoners don’t even know the names of the lawyers representing them. This non-interaction compromises the quality of defence and alienates the accused from the judicial process.

II.1. (a) common

2. (a) motivating

3. (d) cheerfully

4. (b) similar

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