Saturday, May 06, 2017

Why jail as punishment

Society seeks to be humane, while recognizing the need for being stern to avoid chaos. Laws are made, some decent, others open to debate. And punishments defined, for those breaking them. While punishments have varied across the history of mankind, civilization and the gravity of aberration, incarcerating a person has seemed to stand the test of time.

I seek here to challenge, if that's a shortcut approach to be humane. I want to highlight, that in some ways it's not targeting the problem, but just keeping it away, out of sight.

Instead a truly mature society, should rather put the problem to good use, alongwith trying to improve the convicted.
Let's take the example of financial impropriety. If a person is found to be tampering with the stock market, or committing a financial fraud, society currently puts him in jail and takes away all the ill-gotten well, and adds some fines also as icing. What we miss here, is the skill. That person had a vasana, and a skill, which put together combined to make that fraud happen. Why not instead of letting that skill rot in jail, put him to use in foreseeing such financial impropriety by digging out more loopholes in the financial and legal system. In exchange, give him a house-arrest say. Don't pay him; tell him this is penance for his crimes. I assert that this person will do it whole-heartedly. He's anways getting his punishment in that he's lost his name and ill-earned wealth already. But for once, his skill is put for the benefit of others. And not only he, but society benefits as a whole.
Those involved in spying, theft, hacking, all such can be put to good use. These are talents gone wrong; instead of simply putting them away, have a process of giving them a win-win; use their talents for the benefit of society.

While crimes performed by those mentally ill are rightly taken in their true sense, and are punished by putting them in mental hospitals, I doubt if such people are studied to identify patterns and prevent similar situations in future. I'm sure a common theme would be lack of spirituality and social comity. If these be then made a purposeful fabric of social life, such crimes could be prevented. Crimes of passion, and assault or murder that's carried out by people due to psychiatric or emotional reasons, can be prevented by such study.

I want to add that this is not to reward the perpetrator, rather to put it in the correct context, and use the misfortune as an opportunity to prevent in future.
In order to fit into this view, is also the other extreme. There are many who choose to commit crime, especially kill without remorse. Who have willingly chosen crime as their career path for the quick money it offers. The fear of death is the only thing that'll work with these. They have the money otherwise to bribe their way out, further corrupting the law enforcers and the courts. Causing the common man to lose faith in the system. Harsh punishment, like immediate punishment to death by such perpetrators is the only way to reduce such occurrences. Or similar such brutal punishment, an example performed by countries like Saudi Arabia. But here in Bharat, backed by proper legal procedures. A firm will and stern punishment to such perpetrators is in the larger interest of society, than letting them at best enjoy luxuries at jail and mocking our system from the inside out!!

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