THIRUKKURAL 561: On Modern Penology

Thirukkural on Punishment

It is a wonder that Thiruvalluvar speaks of modern  Penology in the kural 561. Penology is the branch of criminology that deals with prison management and prisoners rehabilitation.

In ancient days capital punishment was commonly given by the kings. Capital punishment is the death penalty (capital in Latin is head, removing the head is capital punishment, Capital city is where the head of the State/ Government is staying and functioning) Socrates (469-399 BC) the great Greek philosopher was accused of impiety (irreverence towards God ) and given hemlock (poison) as a death punishment. Jesus Christ was sentenced to death by crucifixion by Romans accusing blasphemy (disrespecting God).

Punishments like flogging ( whipping ), canning etc are  corporal punishments,  these  punishments are even to-day prevail in Islamic countries. these are also known as physical chastisement (inflicting pain in the body). From time immemorial punishments  have been given to the law breakers in all the societies.. In those days crushing the head by using elephants, stoning till death, burning till death etc were the different forms of capital punishments. During the French Revolution Guillotines were used to behead the rich and the clergy.

In modern days for executing capital punishment,  the following methods are in practice, hanging till death, making use of electrical chairs, administrating lethal injections, etc.18th Century people reacted against the severe punishments. Italian born philosopher Cesare Beccaris (1738 - 1794) founded the classical school of criminology and gave revolutionary thoughts, in his book, "Crimes and Punishments " he condemned tortures to the criminals, argued against death penalty and insisted punishment in proportion with the gravity of the crime with an aim to rehabilitate the offenders. He is considered to be the father of 'modern criminology'. In  2004 nearly 81 countries abolished death penalties., India is yet to do it. Mahatma Gandhi killer Nathuram Godse was hanged at Ambala in 1949. Indira Gandhi killers Satwant Singh and Kehar Singh were hanged in Tihar jail in1988.

Modern concept of punishment is rehabilitation of criminals.Through rehabilitation they are corrected and made good citizens. Even the  death penalty is not to be executed if the sentenced is sick or wounded or mentally retarded. etc. Modern thinking is that the offenders should be punished only after proper trial, the accused should be given enough opportunity to defend himself, the crime should be proved beyond doubt,the punishment  should be appropriate to the crime committed . It should aim to rehabilitate the  offenders in such a way that they would not commit further crimes. In some countries there are open jails to rehabilitate the prisoners which function as correctional institutions .In fact in many countries the jails are called correctional Institutions.

In India the minimum age for criminal responsibility is 7 years, which means a child below that age can not be held responsible for any crime and punished, this  age differs from country to country, UK :10, Spain : 16 etc. Juvenile offenders (below 18 years) are sent to correctional homes or reformatory  schools,  not to the prisons, education and vocational trainings are given in the correctional institutions (previously called- Remand houses)

Thiruvalluvar in the kural 561 says exactly what the modern thinkers say on punishment. Proper enquiry should be made on the charges leveled,. If found guilty, the punishment  should be given in  appropriate to the crime committed. The punishment should aim to rehabilitate the criminals such that  they will not commit the crimes again.

What the western philosophers  like Cesare Baccaria, Jeremy Bentham, John Howard had advocated  in the 18th century on 'punishment ', Thiruvalluvar had enshrined   in  the  kural 561. To-day punishment given is not to take a  revenge on offenders but to rehabilitate them.

After equitably examined the crime, appropriate punishment should be given such that  they will not  commit the crimes again. (Kural 561)

Equitably = fair, unbiased, impartial

தக்காங்கு நாடித் தலைச்செல்லா வண்ணத்தால்
ஒத்தாங் கொறுப்பது வேந்து.( 561)

So the aim of punishment is deterrence ( which means preventing occurring of crimes) and prevention of crimes. Punishment should be given for correcting the criminals, not to take vengeance on them. 

In simple terms the kural  561:

Punishments given should aim to correct the law breakers.

That is what Thiruvalluvar had postulated 2000 years ago. This is what 18th century philosophers of  the west  had advocated just 300 years ago. 

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