Re: Death as Punishment?
Namaste.
Punishment by death is almost invariably the legal consequence for a person who earlier took a human life before its time was due. Ironically, punishment by death also takes the life of the murderer before its time. There may be two opinions on this: one may be that it's the murderer's fate to suffer death by punishment, and the other that such capital punishment indeed takes away the murderer's life before its time, as he would definitely have lived longer had he not been punished by death. Ironically, again, these two opinions may also be applied to the murder victim.
Here is an exposition on what the Manu Smriti says about murder and punishment, among other human sins, from the book Dharma: The Global Ethic by Justice M.Rama Jois. Incidentally, Manu Smriti was used by the British to administer law for the Hindus in their judicial system.
Manu Smriti analyses the causes of human action in these words:
Action which springs from the mind, from speech and from the body produces either good or evil results. By action are caused various conditions of men. Mind is the instigator for all actions which are connected with and performed by the body. They are of three kinds and fall under ten heads. Manu XII 3-7
Three sinful mental actions
A sin takes its origin in the mind in three ways:
• Coveting the property of others;
• Thinking what is undesirable; and
• Adherence to evil doctrines.
These three types of sinful mental actions give rise to four types of evil verbal actions or three types of wicked bodily actions:
The four evil verbal actions
• Speaking an untruth;
• Attacking another in abusive or strong language
• Carrying tales against another person; and
• Talking ill of others.
The three wicked bodily actions
• Taking what is not given;
• Injuring living beings; and
• Illicit intercourse with another man's wife.
The aforesaid analysis of the various evil mental and bodily actions cover the whole field of civil or criminal injury that an individual causes to another. The instigation comes from the mind.
Thus, the sin first takes root in the form of mental action and thereafter expresses itself in the form of verbal or bodily evil actions which inflict civil or criminal injury as the case may be on others against whom they are directed.
All the civil and criminal injuries which an individual may cause to others, such as appropriating the property belonging to others or denying what is due to others, or defamation, assault, theft, cheating, robbery, causing hurt, murder, rape, adultery, which are covered by the modern civil and criminal laws under various systems of law, fall under anyone or more of the four evil verbal actions or three wicked bodily actions as analysed by Manu.
Before laying down the code of conduct for implicit obedience by individuals and the penalty for disobedience at the hands of the king (the State), Manu cautions everyone to have self-control, so that his mind does not act as the instigator for committing any sinful mental action which would inevitably lead to one or the other type of evil verbal actions or wicked bodily actions.
That man is called 'Tridandin' who has established three controls, on his mind viz., (i) Manodanda--control over his thoughts, (ii) Vakdanda--control over his speech and (iii) Kayadanda--control over his body.
He who exercises these three controls with respect to all created beings and wholly subdues desire and wrath, assuredly gains complete success in his life.
The root cause of all civil and criminal wrongs and the essence of the philosophy necessary for the safety and happiness of individuals and the society are incorporated in Manu Smriti in the above verses.
The above elucidation indicates that training of the mind through proper education is essential for, it is only through such education and training that it is possible to inculcate a sense of self imposed discipline in an individual which in turn enables him to exercise control over the mind, and through it speech and physical actions can be controlled.
Every individual should, by constant effort, regulate his mind, speech and action so that he does not inflict any physical or mental injury or any pecuniary loss or damage on other individuals.
It is a matter of common knowledge that in day-to-day life on account of greed and being actuated one or more of the six enemies inherent in man namely: Kama (love/desire), Krodha (anger), Lobha (greed), Moha (Passion), Mada (Infatuation) and Matsarya (enmity), a man indulges in wrongs. To illustrate, a man commits theft to acquire money or any other moveable property for gain. He indulges in cheating others or in corruption to acquire more money.
Manu Smriti Ch. 12-35 expounds this aspect thus
If a man in his conscience, feels ashamed/guilty to do an act, or while doing an act, or after doing an act, it is the clearest indication of Tamasa Quality -viz, the act is a sin.
Therefore, the soul always tells the man who has committed the offence, that he has committed a sin. If a person commits theft, his soul will always be telling him "You are a thief. you have committed theft". Similarly, if a person commits murder, his soul will always be saying "You are a murderer". Similarly if a man commits rape on a woman, his soul tells him "You are a rapist". If a minister or officer is corrupt and receives bribe, his soul will always be telling him "You are corrupt" and so on. To outward view, he might pose to be honest, and tell people that he has not committed any offence and all that happened was on account of a "System Failure", but his soul cannot be fooled. It does not allow him to have peace of mind. It constantly reminds him of his misdemeanours. Thus, he loses mental happiness.
Manu Ch. viii-84 rouses the conscience of an individual in a verse which is intended to be part of an exhortation to witness, It reads:
The Soul itself is the witness of the Soul and the Soul is the refuge of the soul. Despise not thy own Soul the supreme witness to the acts of men.
A man with good samskara immediately yields to the advice. But a man who is unable to control his desire, falls a prey to sinful desire. But at the same time after committing a sin he feels ashamed of himself for his sinful acts, though not witnessed by any outsiders, and suffers through out life. This is the fate of those who commit murder, rape, who indulge in corruption and who are ultimately caught and punished. Those who are not caught and prosecuted and punished might not go to jail, but they suffer without fail and go to hell, here and now, not after death. They may not be caught by the police, or even if caught and prosecuted for want of evidence in the Courts, they may not go to jail, but they are bound to suffer by losing mental peace and by loss of reputation for themselves and members of their families. That is why it is said that death is preferable to loss of reputation. Manu again warns every individual in the following words:
Those who indulge in adhanna attain immediate success and secure fulfillment of their desires. They overpower their opponents. But ultimately their ruin down to the roots is certain.
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Although this book is listed in our HDF Library, I chanced to pick it up only now; this instructive book can be downloaded at: http://www.esnips.com/doc/ba54c21d-6...2dc2e1c/DHARMA (500 KB).
रत्नाकरधौतपदां हिमालयकिरीटिनीम् ।
ब्रह्मराजर्षिररत्नाढ्यां वन्दे भारतमातरम् ॥
To her whose feet are washed by the ocean, who wears the Himalayas as her crown, and is adorned with the gems of rishis and kings, to Mother India, do I bow down in respect.
--viShNu purANam
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