NCJ Number
46652
Journal
International Journal of Offender Therapy and Comparative Criminology Volume: 21 Issue: 3 Dated: (1977) Pages: 279-283
Date Published
1977
Length
5 pages
Annotation
THE EVOLUTION OF THE INDIAN VIEW OF CRIME AND PUNISHMENT IS TRACED IN THE LIGHT OF VARYING ETHICAL PERSPECTIVES CONTRIBUTED BY TRADITIONAL INDIAN RELIGION AND THE NATIONALISTIC MOVEMENT UNDER MAHATMA GANDHI.
Abstract
IT IS INDICATED THAT ETHICAL REFLECTION IN THE FIELD OF CRIMINOLOGY AND PENOLOGY IN INDIA HAS PASSED THROUGH A SUCCESSION OF HISTORICAL CHANGES. IT IS MAINTAINED THAT THE HINDUS (ALONG WITH BUDDHISTS AND JAINS) WOVE THE BASIC ETHICAL FABRIC, WHILE PROSELYTIZING MOHOMMEDAN EMPIRE-BUILDERS AND EUROPEAN COLONIZERS BROUGHT SUCCESSIVE INFLUENCES. THE RESURGENCE OF THE SECULAR NATIONALISTIC SENTIMENT UNDER THE INFLUENCE OF MAHATMA GANDHI IS CONSIDERED TO HAVE PROVIDED THE MODERN FORM TO TRADITIONAL ETHOS. THE PRACTICAL ETHICS WHICH HINDU LAW-GIVERS TOOK FOR THE FOUNDATION OF NORMATIVE BEHAVIOR WERE ENFORCED BY PUNISHMENT. IT WAS BELIEVED THAT CHASTISEMENT RESTRAINS THE UNGOVERNABLE AND CREATES A DREAD THAT MAKES PEOPLE OBEDIENT TO THE LAW. IN ADDITION, THE LAWS ALSO IMPLEMENTED PREJUDICES FAVORING THE HIGHER CASTES, ESPECIALLY BRAHMINS, WHILE BEING UNDULY HARSH TOWARD THOSE IN LOWER CASTES. WITH MUSLIM RULE, KORANIC CANON WAS OFFICIALLY ACCEPTED, ALTHOUGH HINDU LAW CONTINUED TO HOLD SWAY IN MANY PARTS OF THE COUNTRY. JUSTICE, A PRINCIPAL THEME OF MUSLIM LAW, GAVE EQUALITY TO ALL BELIEVERS WHILE PROVIDING FOR DISCRIMINATION AGAINST NONBELIEVERS. WITH BRITISH ASCENDANCY IN INDIA, A NONSECTARIAN PENAL CODE WAS ESTABLISHED WHERE ALL SUBJECT WERE EQUAL UNDER THE LAW. A CONSCIOUSNESS OF HUMAN RIGHTS BEGAN TO EMERGE AND EVENTUALLY RESULTED IN A MOVEMENT FOR NATIONAL INDEPENDENCE UNDER MAHATMA GANDHI. UNDER GANDHI'S LEADERSHIP, A TRANSCENDENTAL ETHIC WAS USED TO PITCH MORAL FORCE AGAINST LEGAL AND POLITICAL POWER TO EXPOSE THE MORAL BANKRUPTCY OF THE BRITISH RULERS. DURING THIS PERIOD, JAILS WHICH PREVIOUSLY HAD BEEN PLACES OF DETENTION WHERE CRIMINALS WERE PUNISHED WERE DEEMED PLACES OF HONOR FOR THOSE FAITHFUL TO THE CAUSE OF FREEDOM. AFTER INDEPENDENCE WAS WHO UNDER THE SPIRIT OF THIS MOVEMENT, A NEW ETHOS WAS SET FOR THE COUNTRY. THE REFORM OF THE SOCIAL ORDER CONTINUED AFTER GANDHI'S DEATH THROUGH THE USE OF HIS NONVIOLENT MEANS. SPIRITUAL CHANGE WITHIN THE HEARTS OF CRIMINAL OFFENDERS THROUGH THE EMPLOYMENT OF COMPASSION AND HUMANE CONSIDERATIONS BECAME THE PRINCIPAL EMPHASIS IN DEALING WITH DEVIANT BEHAVIOR. AN INSTANCE IS CITED TO SHOW THE SUCCESS OF THIS APPROACH. (RCB)