Rethinking Humanitarian Principles- Through the Case of Rashik Chandra Mondal V. The State of West Bengal, 2019.
- NLR Journal
- Jul 20
- 2 min read
By Debopriya Chattaraj, St. Xavier’s University, Kolkata.
Abstract
The gun shoot massacre on 08.11.1988, at an area under the Manikchak P.S, West Bengal, gave birth to the case of Rashik Chandra Mondal V. The State of West Bengal which now serves as a legal cradle for the jurisprudential rationale of sentencing principles in India. The instant case that we will delve into would make the readers rethink the idea of sentencing and conviction from a humanitarian perspective. The facts coupled with the respective orders of the Court, considering the individualized circumstances of the principal accused- Rashik Chandra Mondal, are such that it will render us exclaimed at the very purpose of conviction because here the convict, seems hesitant to come out of jail as he says he is “used to jail life”. This decision not only questions the purpose of conviction but also awakens ethos of humanitarianism, portraying Humanity as the primary religion of Human beings. The judgement passed by the Calcutta High Court by the Division Bench presided over by Hon’ble Justice Joymalya Bagchi, upheld the conviction order. However, the Supreme Court, considering the old age, granted bail to this 99 years old convict, on humanitarian grounds, who served sentence for the majority of his lifetime. Thus, it will be fascinating to know the tale of trial of this petitioner- Rashik Chandra Mondal who is presently, 104 years old. Therefore, as a student of law, it will be my humble attempt to highlight the facts of the case along with subsequent orders of the Court that followed, trying to analyze the very concept of sentencing principles in India and the jurisprudential rationale behind conviction.
Keywords: The Criminal Justice System, Humanitarian, Sentencing principles, Jurisprudential rationale, Conviction.
