The Sun (Malaysia)

Rigid justice has dulled the humane spirit

- Ronald Benjamin Secretary Associatio­n for Welfare, Community and Dialogue

THERE seems to be a difference between justice and compassion if one perceives it through a binary mind, but if one perceives it from a holistic point of view, justice and compassion are integrated values since it deals with reality from a broader perspectiv­e.

In a Facebook comment I was criticised by a netizen on my statement that even though a particular city state has progress significan­tly in the social-economic sphere, it is still poor in accepting the richness of compassion.

This comes to light after Nagaenthra­n Dharmaling­am, 34, from Perak, said to have an IQ of 69 – a level recognised as a disability – and had been on death row in Singapore since 2010 after being convicted of smuggling 42.7gm of heroin into the country a year earlier, had been hanged.

In the statement, the netizen mentioned that authoritie­s had enough compassion when it gave the accused enough time and opportunit­y to defend himself.

In my reply, I stated that what was given to Nagaenthra­n was the due process of justice, but compassion should transcend justice taking into considerat­ion the situation of the accused that requires sensible discretion on the part of a judicial system than outright condemnati­on to death.

Years ago, when I was attached to a factory, there was a particular worker who was detained for a few days on suspicion of drug use.

When he came out I asked him about his experience being in detention and he told me that there was a person in the cell with him detained for drug offences, who said that if there was a so-called rebirth for him in next life, he would still sell drugs since the money from it was lucrative enough that it couldn’t be earned from a normal profession.

I began to wonder at the time, why are the top wealthy drug dealers and syndicates, who bankroll people into selling harmful drugs, were not caught and sentenced while those from the lower strata are punished?

If there is no lucrative money why do people take the risk even at the expense of their life?

It is not just the personal circumstan­ces of Nagaenthra­n’s poor IQ that should have been taken into considerat­ion in deciding whether to proceed with capital punishment, but the very social economic context and system where the rich drug lords are able to get away with financing and recruiting the poor and vulnerable to commit a crime.

Therefore, it is time for authoritie­s, who are dealing with law and sentencing on drug issues, to do away with the rigid approach to justice and take a broader perspectiv­e of addressing drug crimes.

There is a need to do away with the death penalty that seems to target the most vulnerable, what more a disabled human being in a context where the rich drug lords are still lurking around.

Justice cannot be divorced from discernmen­t and compassion.

Rigid justice of sentencing the vulnerable has dulled the human spirit from addressing the reality of drug crimes from a broader perspectiv­e.

Newspapers in English

Newspapers from Malaysia