PUNISHMENT SHOULD NOT BE A VENGEANCE

By Prof Elamaldeniye Sarananda Thero

 

The opinion of many who discuss about crimes is, that the beginning of crimes happened almost from the beginning of human civilization. The reason for this assumption is that selfish thoughts developed competitively, drive people to crime. It seems that as man gradually developed, crime also developed along with it. According to Buddhism, it is wise to explore the historical origin of crime based on the theory of dependent origination since the origin of mankind is beyond our observational power.

 

According to the constant reports of crimes in television, newspapers, magazines etc., crimes are increasing day by day not only in Sri Lanka, but all over the world and it seems that crimes have become a strong social problem. Criminology was born to study it.

 

The word “Aparadha” which is similar to Sinhala in Sanskrit is derived from the root ‘Apa’ preceded by ‘Radh’. Etymologists points to ‘falsely happy’ as its basic meaning. Some of the practical meanings given for that are as follows.

  • “Do what should not do, wrong” (Sanskrit Dictionary)
  • “An act, punishable by law” (Modern Sinhala Glossary)
  • Illegal act, offense, wrongdoing, cruelty, fearlessness (Sinhala Dictionary with Etymology)

 

In English, we describe ‘Crime’ as ‘Activities that involve breaking the law, an increase of violent crime, the fight against crime’ (Oxford English Reference Dictionary)

 

Another definition for this can be given as follows;

Violation of a law in which there is injury to the public or a member of the public and jail or prison, and/or some fine as possible penalties. There is some sentiment for excluding from the “crime” category crimes without victims, such as consensual acts, or violations in which only ( https://dictionary.law.com/Default.aspx?typed=crimetype=1 )

 

Sociologists, psychologists, biologists as well as lawyers have presented various academic observations about crime. Before that, great philosophers like Plato, Aristotle and Confucius as well as religious leaders have expressed valuable opinions. Also, the views expressed by the Buddha on the nature of crimes, the causes of crimes and how to control crimes are very useful for investigative modern scholars.

 

According to Buddhist philosophy, an individual’s mind is important in the analysis of crimes as well as in crime prevention. When a person is going to do something, it is his mind that prompts him to do it or not to do it. A person almost always acts according to his thoughts. It is also same in crimes as well.

 

When investigating the origin of crime, Buddhism has paid special attention to economic issues. Buddhism cares about this based on theory of ‘Dependent Origination’. There is no effect without a cause. By eliminating the cause, the effect is eliminated. (paticca sambhuthang hethuṅ bhanga nirujjati) Economic prosperity is a way to reduce crimes as the leading cause for crimes is poverty. But until greed, hatred and delusion reign among people, crime cannot be completely eradicated.

 

The Buddha emphasizes, a mind that is hard to discipline and goes wherever it wants to be, is desirable to control. A calm and controlled mind brings happiness. Among the factors that help in the prevention of crime, the calm and controlled mind is important. In Buddhist ethics, the goal is to reduce criminal behaviour by controlling the mind.

 

The Five Precepts recommended by Buddhism for domestic life can be considered as a social contract in which individuals voluntarily agree to protect basic human rights. The Five Precepts, which is based on the ethical concept of ‘Atthupanaika Dhammapariyaya’, prevents people from committing crimes through a deep understanding of the rights of others. But Max Weber criticizes it as an ethics that disables man by only looking at its counter-emphasis. Its objective aspect is based on a deep practical understanding of the rights of others.

 

The first precept builds the sublime mind-set of universal compassion through the rational understanding of saving the lives of others.

 

The second precept refers to control over greed, collective consumption, and sacrifice by vowing to refrain from taking possession of others.

 

The third precept is anti-sexual superstition, keeping sexual relations within the standard legal context and turning sexual behaviour into a civilized, decent, and pleasant human relationship and prohibiting sexual offenses. This protects the human right to live a pleasant family life with peaceful sexual relations.

 

The fourth precept of non-deception makes social communication pleasant and reliable by avoiding misleading others through misuse of language. Crimes of fraud and deception are prevented on a voluntary basis through the correct use of language.

 

Fifth, the voluntary diversion of alcoholism will moralize social relations by preventing anti-social acts due to spontaneous mental distortions, and prevent personal and member disasters arising from unwholesome waste of wealth.

 

Hiri-Oththappa : Hiri – Sense of Shame or Moral Shame; Oththappa – Fear to do wrong or Moral Dread, another concept behind the Five Major Buddhist Ethics, has been introduced theologically. Theology is a moral concept that prevents people from criminal behaviour through sensitivity to their self-respect and understanding of dependant origination, can be called a beautiful spiritual reflection principle. The function of these two Moral Shame and Moral Dread is to prevent the person from committing crimes by fearing the consequences of the sin, as well as the shame of the society’s scorn and insults for the crime when doing something that is considered wrong or blameworthy. Theology is the factor that separates man from the beasts, and elevate the individual from humanity to the highest level of divinity.

 

Due to the influence of Eastern religious thoughts, the belief in karma is deeply rooted in people’s minds, and the aversion to the consequences of sin can be used to avoid crimes. If the idea of ​​karmic punishment arises when a criminal intention arises due to sudden anger or other impulses, it will be able to prevent the person from committing criminal acts.

 

However, because self-control is associated with mental growth and understanding, some unruly people without it may be tempted to engage in criminal behaviour. In that case, punishment has to be implemented to control them too. Buddhism accepts that it should be done through the state mechanism in the wider society. However, since punishment is not about taking revenge, it should be based on a benevolent and rehabilitative policy, as shown in Suttas like ‘Kūtadanta’. Punitive measures for Bhikkhu Society are also imposed on this principle of benevolent rehabilitation.

 

Economic self-sufficiency is an essential factor in a good society. The Buddha has preached four pleasures that man deserves in the ‘Anana Sukha Sutta’. Poverty is sorrow; It is mentioned in the ‘Ina Sutra’. The ‘Kūtadanta Sutta’ mentions that wealth is necessary to attain happiness and eliminate poverty. Economic poverty may change individual behaviour as they face difficulty in meeting basic needs. A person may go beyond the moral path and seek criminal solutions to economic problems. Because of this, people who accept the unpleasant consequences of bad behaviour are tempted to avoid crimes so that their future will not be a sad and painful one, so we can be said that the concept of karma is used to reduce crimes.

 

The impact on the development of values ​​and ideal personality is important in crime prevention. Buddhist life patterns formed by values ​​such as universal compassion and non-violence are a factor in reducing people’s criminal behaviour. Buddhism teaches the values ​​of mercy, kindness, compassion, non-violence etc. People with a personality driven by such values ​​will manage their practical life problems by adjusting their ideals so that they do not lead to crime.

 

Moral Discipline [Sīla] and wise perception [Yōnisō manasikāra] are the discipline taught by the Buddha to control the senses. Neither social thinkers nor religious leaders show a dream of a completely crime-free society. A person who has attained Nibbāna, the ultimate goal of being a Buddhist, cannot commit sinful “Adhamma” or crimes. But in the worldly society, crime is increasing day by day. According to the Buddhist theory of causality, there is always a reason for any crime that occurs in the world.

 

From the answers given to human problems in the Dhamma which is independent of time, many meaningful measures for the suppression of crime can be extracted and they are of all-time importance.

 

© Satipatthana Magazine

 

 

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