The Article 7 of the Human Rights declaration suggests that

“All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.^[1] ”

The law is supposed to be enforced uniformly, and without any discrimination against the guilty based on their economic and social background.
Yet recently, the Indian Apex Court decided to go against the Universal Declaration of Human Rights.
On Monday, the Supreme Court said that the courts should consider the economic status of a murderer before sentencing him to death penalty of life sentence even in cases of crimes falling in the category of “rare of rarest”.

The Bench comprising of Justice P.Sathshivam and H.L Dattu said that poor background of the accused should — along with old age and years spent behind bars while awaiting death sentence — be considered as mitigating factors when courts ponder whether life sentence should be used in an otherwise fit case for death penalty.^[2]
It would be fascinating to know why Supreme Court judges are seeking for the populist issues, is the Supreme legal body of India the Apex Court trying to be the champion of socialism?

Significance of the Supreme Court Statement

Reservation for the Poor in Crime
The Supreme Court believes that socio-economic factors might not dilute guilt, but they may amount to mitigating circumstances. That is, if a girl walking on road is raped and murdered by a rich tycoon, than he is surely guilty and must be punished in the harshest manner, but if the rapist murderer belongs to middle class, than the punishment should not be that harsh, furthermore, if the rapist belongs to lower-middle class, than the punishment must be further “mitigated” and if the rapist is a poor (there is no definite definition of poor), than the punishment can only be for the name-sake. After all, he is poor, he should have reservation to be morally depraved, and he should be having freedom to rape or murder, steal, or rob.

The idea behind this is a morally strong, talented, intelligent person is obviously a criminal to some degrees, on the other hand, a lazy, stupid person, who obviously is poor, is certainly innocent to some degrees. Alternatively, the idea can be, to be rich, hardworking and intelligent is a crime in itself.
Obviously, it is akin to show a green flag for all who consider them poor, to be casual about the moral standards and feel free to commit crimes. It is just like showing the shortcut for the poor to be criminals and make money through mean ways.
Apparently, this trend will increase further crime in cities as now; the poor will get a certain “mitigating” security while committing a crime. The police and law bodies are supposed to deal with “poor criminals” with ease.

Consequences of Such Ridiculous Ruling

As now poor have reservation in committing the crime, they can easily innovate and employ themselves in various crimes. Not only they will feel free to commit robbery, theft, rapes or murders for their benefits, they may be employed by the other “richer” criminals to pursue their benefits. Furthermore, any criminal, if he is rich, can easily deal with some poor and pay him a chunk of money to take the responsibility of the crime. The poor will also feel no harm in taking the responsibility of the crime as that will provide him high money and the Supreme Court has already provided him an assurance that his punishment will be much “mitigated”.

Results will be an obvious increase in crimes, further increase in jail maintenance and police expenses, terrorizing environment for middle class individuals and exploitative situations for the poor individuals. The mafia of government, police, politicians and oligarchic corporatists will enjoy the foolery of Indian public that will appreciate the socialistic thought of Supreme Court and Indian government to give priorities for the poor in committing crime, Nonetheless, the Apex Court ruling have provided an easy money making job for the poor. The poor now doesn’t need to be hardworking, morally strong, intelligent and talented for making his life better, he just need to be morally depraved and ready to commit a crime, or to take the responsibility of any already committed crime.

Trailing the Law further

Indian politicians always remain hungry for any such populism so that they may divide the society in various fragments; cause them to struggle within and than rule over them. Yet this time, the Apex Court of India has taken the route of populism. No politician could have thought such a new sector to be divided in various sects of society. SC has already announced the reservation for the poor eventually the High Court of various states may announce a similar quota for Muslims in crime too and then being a Muslim will also be a mitigating factor for punishment for a crime. Well, terrorism is also a crime, so if a terrorist is poor, SC suggests that he should not be punished severely, if High Court of West Bengal announces similar mitigating quota for Muslims, then if a terrorist is a Muslim, he will also not be punished severely.
Quota for crime based on economical state has been announced, sooner or later politicians will again install some committee’s recommendation, suggesting that Muslims should also get reservation in crime, after all Muslims are predominantly minority, no less than poor. After that, politicians may further divide the criminals among their various castes as SC criminals, ST criminals or OBC criminals, with various “mitigating” degrees that would certainly be prescribed by the Supreme Court bench of judges. Ultimately, government and law authority have started encouraging the crime and producing the criminals.
Conclusion:: Socialism, or the idea altruism, that is, the obligatory immorality of having “pity” on the poor ultimately leads to the destruction of not only the poor but also of the whole social set-up. Whenever the government or central collective law authority takes such altruistic step, irrespective of their good intentions, the results come out to be devastatingly opposite. The recent statement of Supreme Court to discriminate the criminals based on economical class will certainly increase the crime in society and will further cause deterioration. The best way a society can assert uniform justice is by providing free or privatized legal services.^[3]

Footnotes:

1. The Universal Declaration of Human Rights, United Nations [↩]
2. Poverty could mitigate crime, even murder: SC, Times of India [↩]
3. Prospects of Private Judicial System in India, RFL [↩]