Sobering reason why judges break their pens after sentencing someone to death
There's an important reason why some judges break the nib of their pens when sentencing someone to death.
Adopted by numerous judges across the world, the practice of breaking pens after giving out a death sentence is more symbolic than anything else, as it isn't a legally enforced requirement in any country.
It's purely up to the individual, by breaking the pen has become a tradition in certain countries, for example, India has been carrying this tradition out ever since the early 16th century.
Back then, it was the breaking of the quill, but as time has gone on, it has become the breaking of the nib on the pen.
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It's done to symbolise the weight and seriousness of the decision that they have just made, but there are certain things that it highlights.
Firstly, the act of breaking the pen highlights finality or solemnity - essentially the irreversible nature of imposing a death sentence on someone that no money can get you out of.
It serves up a moment of reflection for those involved, and really lets the impact sink in for all parties, including friends and loved ones, shortly after passing the sentence.
It is also widely believed that breaking the nib of a pen actually emphasises the fact that a pen being used to sign a death sentence should not be used for anything else, again showing just how serious it is.
Indian lawyer Subhash Ahlawat explained: "The tradition of breaking the nib after passing a death sentence can be traced back to the Mughal era in India.
"It was during this period that the Mughal Emperor would break the quill used to sign off on death sentences."
He said that this tradition was eventually adopted by British judges in colonial India, later continuing after India gained independence.
Ahlawat also stated that it represents the 'judge's heavy heart' as they have no choice but to give such a serious sentence, as they have the emotional burden of deciding someone's fate.
Of course, several western countries have banned the death penalty in recent years, including the UK.
Poorvi Sirothia, another Indian lawyer, wrote about the topic in a piece for indianlegalsolution.com, saying: "After the authority passes capital punishment, he has no authority to audit or renounce his request.
"So once the sentence has been granted and the adjudicator's mark inked, the nib is additionally broken, emblematic of the way that the appointed authority can't drop or revamp the judgement in the event that he/she has a difference in heart of psyche."
Basically, it's the most extreme version of no take backs.
Joshua Nair