Dispensability of Death Penalty

Dispensability of Death Penalty

A Thirukkural Perspective
A Thirukkural Perspective
Rex Sagayam Arul,
Rex Sagayam Arul, M.S (Univ. of Florida) M.S (Univ. of Florida)
Atlanta, Georgia, USA Atlanta, Georgia, USA
& &
Dr. S. Muthuswamy,
Dr. S. Muthuswamy, Ph.D (Univ. of Miami) Ph.D (Univ. of Miami)
Tallahassee, Florida, USA Tallahassee, Florida, USA
International Thirukkural Conference
International Thirukkural Conference
Columbia, Maryland, USA Columbia, Maryland, USA
Keynote Session - July 9, 2005 - 11:55 AM-12:15 PM Keynote Session - July 9, 2005 - 11:55 AM-12:15 PM
Agenda
Agenda

Introduction ( 4 minutes ) Introduction ( 4 minutes )

Main concepts ( 14 minutes ) Main concepts ( 14 minutes )

Conclusion ( 2 minutes ) Conclusion ( 2 minutes )

Questions ( 0 minutes ) Questions ( 0 minutes )

We will have time only to emphasize on the Kurals related to DP in this We will have time only to emphasize on the Kurals related to DP in this
presentation. But one needs to see how these Kurals tie to current research presentation. But one needs to see how these Kurals tie to current research
and statistics about DP. Those can be seen in our paper clearly. and statistics about DP. Those can be seen in our paper clearly.

Note: Death Penalty will be abbreviated as DP throughout. Note: Death Penalty will be abbreviated as DP throughout.

Note: Translations used in the presentation are contextual as other available Note: Translations used in the presentation are contextual as other available
translations are either literally pedantic and archaic or are ersatz at best. translations are either literally pedantic and archaic or are ersatz at best.
Introduction Our Research.
Introduction Our Research.

Our research is not entirely about DP.

Our research is not entirely about DP.

It is about the dispensability of DP as viewed through

It is about the dispensability of DP as viewed through
Thirukkurals noetic couplets.
Thirukkurals noetic couplets.

Our goal is to underscore the relevance of a 2000-year

Our goal is to underscore the relevance of a 2000-year
old epic (Thirukkural) in addressing contemporary old epic (Thirukkural) in addressing contemporary
criminological & penological issues.
criminological & penological issues.

In other words, one must not treat Thirukkural with awe

In other words, one must not treat Thirukkural with awe
as a thing of the past. Rather, we must critically view it
as a thing of the past. Rather, we must critically view it
to address current criminological issues.
to address current criminological issues.
Introduction Our Research.
Introduction Our Research.

All know Valluvar as a Saint, moralist,

All know Valluvar as a Saint, moralist,
ethicist, etc.
ethicist, etc.

We present to you Valluvar as a deft

We present to you Valluvar as a deft
Criminologist & Penologist.
Criminologist & Penologist.

Our work is an exegetic & hermeneutic

Our work is an exegetic & hermeneutic
exposition of Thirukkural
exposition of Thirukkural
vis--vis
vis--vis
DP.
DP.
Introduction - Finding
Introduction - Finding

Thiruvalluvar is an opponent of Death

Thiruvalluvar is an opponent of Death
Penalty and clearly comes out as an
Penalty and clearly comes out as an
abolitionist.
abolitionist.

His couplets clearly, logically, and

His couplets clearly, logically, and
systematically eschew DP as a mode of
systematically eschew DP as a mode of
punishment.
punishment.
DP-101
DP-101

As of June 2004, 141 nations have abolished DP

As of June 2004, 141 nations have abolished DP
in law or practice.
in law or practice.

US & India havent.

US & India havent.

38 states have DP in the US. All states have DP

38 states have DP in the US. All states have DP
in India.
in India.

Even International Criminal Court (ICC) that

Even International Criminal Court (ICC) that
deals with heinous crimes cannot award DP.
deals with heinous crimes cannot award DP.
DP-101
DP-101

To gain membership in European Union, a nation must

To gain membership in European Union, a nation must
have abolished DP.
have abolished DP.

DP is violative of several UN & other Human Rights

DP is violative of several UN & other Human Rights
Charters
Charters

DP is:
DP is:

Cruel
Cruel

Amoral Amoral

Cold-blooded Cold-blooded

Pre-meditated Pre-meditated

Irreversible
Irreversible

Retributive
Retributive

Non-deterrent
Non-deterrent
Punishment is a must!
Punishment is a must!
Kural 550
Kural 550

+e' ++; o_+_ t

+e' ++; o_+_ t
o _c+ _
o _c+ _
.
.

Punishing heinous crimes tantamount to weeding the

Punishing heinous crimes tantamount to weeding the
tender crops.
tender crops.

Some scholars interpret weeding to killing the

Some scholars interpret weeding to killing the
criminal.
criminal.

By weeding Valluvar implies incarceration (jailing)

By weeding Valluvar implies incarceration (jailing)
where the criminal is isolated from the general public.
where the criminal is isolated from the general public.
Weeding doesnt imply killing.
Weeding doesnt imply killing.
Law must take its own course!
Law must take its own course!
Kural 549
Kural 549

+_+t' _
+_+t' _
oo o_ _+'
oo o_ _+'
.
.

Prosecution is not a vice but a virtue of a

Prosecution is not a vice but a virtue of a
welfare state.
welfare state.

Valluvars staunch defense for prosecution &

Valluvars staunch defense for prosecution &
punitive measures is clear.
punitive measures is clear.

So, can that punitive measure be death???

So, can that punitive measure be death???
State cannot violate its own code!
State cannot violate its own code!
Kural - 834
Kural - 834

_' t'; _+c+ _' t'; _+c+

t_' t_+ t_' t_+ . .

He who had delved, brooded, and propounded to others, if He who had delved, brooded, and propounded to others, if
found violative of the same, shall be considered as a found violative of the same, shall be considered as a
hypocrite. hypocrite.

State commits this hypocrisy. State commits this hypocrisy.

In Law, this is called as In Law, this is called as lex talionis lex talionis (eye for an eye, tooth for a (eye for an eye, tooth for a
tooth) tooth). .

Killing people to show that killing people is wrong is height of Killing people to show that killing people is wrong is height of
hypocrisy that Valluvar excoriates. hypocrisy that Valluvar excoriates.
State cannot violate its own code!
State cannot violate its own code!
Kural 834 (contd..)
Kural 834 (contd..)

The laws, which are intended to

The laws, which are intended to
moderate
moderate
the ferocity
the ferocity
of mankind, should not increase it by examples of
of mankind, should not increase it by examples of
barbarity.
barbarity.

Cesare Beccaria, 1764, Italian Criminologist. Italian legal laws have Cesare Beccaria, 1764, Italian Criminologist. Italian legal laws have
formed basis for the laws of many other nations since. formed basis for the laws of many other nations since.

State cannot be amoral if not downright unjust. How can

State cannot be amoral if not downright unjust. How can
it advocate retribution to avoid retribution, which is what
it advocate retribution to avoid retribution, which is what
DP is?
DP is?

Valluvars Kural 834 clearly redresses these

Valluvars Kural 834 clearly redresses these
criminological questions. criminological questions.
Killing cannot be for common-good!
Killing cannot be for common-good!
Kural - 328
Kural - 328

_+ t+'_c' ++
_+ t+'_c' ++
++
++

Even if a killing should yield dividends to a society at

Even if a killing should yield dividends to a society at
large, still it is unacceptable to the righteous. large, still it is unacceptable to the righteous.

Society Society thinks thinks that killing a convict protects its citizens. that killing a convict protects its citizens.
Research proves otherwise.
Research proves otherwise.

Even for argument sake if it is to be true, can Kural

Even for argument sake if it is to be true, can Kural
justify killing a criminal if he is a threat to others? Next
justify killing a criminal if he is a threat to others? Next
Kural says
Kural says
No
No
.
.
Never Kill Even if Stakes Are High!
Never Kill Even if Stakes Are High!
Kural - 327
Kural - 327

_' _t' _+t''

_' _t' _+t''
_'' _ o'c
_'' _ o'c
.
.

Even if selfs life is in jeopardy, never resort to

Even if selfs life is in jeopardy, never resort to
an act of taking away a
an act of taking away a
precious life.
precious life.

By qualifying life (noun) with precious

By qualifying life (noun) with precious
(adjective), Valluvar emphasizes that every
(adjective), Valluvar emphasizes that every
human has a dignity that is due to him
human has a dignity that is due to him
irrespective of the worst act committed.
irrespective of the worst act committed.
Kurals Clear Advocacy Against All
Kurals Clear Advocacy Against All
Killings!
Killings!
Kural - 324
Kural - 324

_e+ cto +_c' +_+

_e+ cto +_c' +_+
+e+n _'
+e+n _'

Righteousness is
Righteousness is
defined
defined
as the supreme creed of
as the supreme creed of
never
never

having to kill anybody.
having to kill anybody.

Valluvar is clearly an apostle of Life with his definition

Valluvar is clearly an apostle of Life with his definition
for righteousness.
for righteousness.

Leo Tolstoy and Mohandas Ghandi were champions of

Leo Tolstoy and Mohandas Ghandi were champions of
this edict.
this edict.
DP is Prone to Human Error!
DP is Prone to Human Error!
Kural-384
Kural-384

c'+ _eo _' nc'+

c'+ _eo _' nc'+
n+c _;
n+c _;
.
.

A states virtue lies in A states virtue lies in clearly eliminating the evil and not the good clearly eliminating the evil and not the good. .

"Howsoever careful may be the procedural safeguards, it is "Howsoever careful may be the procedural safeguards, it is
impossible to eliminate the chance of judicial error." impossible to eliminate the chance of judicial error."

Former Chief Justice, Mr. P.N Bhagwati Former Chief Justice, Mr. P.N Bhagwati

Socrates, Jesus Christ, Kovalan, Galileo Galilei, were innocent, but Socrates, Jesus Christ, Kovalan, Galileo Galilei, were innocent, but
killed by the best judicial systems of those days! killed by the best judicial systems of those days!

As of August 2004, 114 innocent people on death row were As of August 2004, 114 innocent people on death row were
released. But, who knows the count of innocents executed??? released. But, who knows the count of innocents executed???
DP Is Not Deterrent-Delve Deeper!
DP Is Not Deterrent-Delve Deeper!
Kural-948
Kural-948

_+_+ _+_ _+ _'

_+_+ _+_ _+ _'
o+_+ o+t
o+_+ o+t

Diagnose the true malaise, discover its origins, identify the cure Diagnose the true malaise, discover its origins, identify the cure
and then finish the prognosis of any problem. and then finish the prognosis of any problem.

To fancy comfortably that capital sentence is a sovereign remedy To fancy comfortably that capital sentence is a sovereign remedy
for the criminal syndrome afflicting the current complex society is a for the criminal syndrome afflicting the current complex society is a
somber confusion about social defense, a guilty ignorance about the somber confusion about social defense, a guilty ignorance about the
executioner's impotence and a jural farewell to advancing human executioner's impotence and a jural farewell to advancing human
rights and civilized meanings. The jingly heritage and cultural rights and civilized meanings. The jingly heritage and cultural
outrage implied in the neck-breaking nostrum that homicidal state outrage implied in the neck-breaking nostrum that homicidal state
action will heal man's murderous habits must be mercilessly action will heal man's murderous habits must be mercilessly
exposed to clear the way for reaching the correct diagnosis and exposed to clear the way for reaching the correct diagnosis and
cure. cure.

Former Justice Mr. V. R. Krishna Iyer, Supreme Court of India. Former Justice Mr. V. R. Krishna Iyer, Supreme Court of India.
Punishment is for Reform
Punishment is for Reform
Kural - 561
Kural - 561

_+ _+ _ee+ o_+
_+ _+ _ee+ o_+
e+_+ +t o
e+_+ +t o
.
.

Punishment must be
Punishment must be
appropriate
appropriate
to the crime
to the crime
committed; must serve as a
committed; must serve as a
deterrent
deterrent
to others;
to others;
must be
must be
proportionate
proportionate
to the original crime
to the original crime
committed.
committed.

Valluvars clear definition in 561 has become the

Valluvars clear definition in 561 has become the
ideology for modern day human-rights activists.
ideology for modern day human-rights activists.
Dignity is Paramount in Prosecution!
Dignity is Paramount in Prosecution!
Kural-562
Kural-562

_+' ne o' __+

_+' ne o' __+
_+n o to
_+n o to
.
.

While sentencing, a state must exhibit its sterner side; While sentencing, a state must exhibit its sterner side;
however, while execution it must soothe by exhibiting its
however, while execution it must soothe by exhibiting its
milder side.
milder side.

Why would Valluvar want a

Why would Valluvar want a
milder
milder
side to be shown to
side to be shown to
culprits, when society expects a
culprits, when society expects a
harsher
harsher
treatment?
treatment?

Because Valluvar underscores the indisputable fact that

Because Valluvar underscores the indisputable fact that
human dignity is due to every human-being. human dignity is due to every human-being.
DP is not egalitarian!
DP is not egalitarian!
Kural - 541
Kural - 541

++ +' +n+
++ +' +n+
_ o_
_ o_
.
.

Impartial probing, fair trial, and straight-forward

Impartial probing, fair trial, and straight-forward
implementation of laws are the fundamental principles of
implementation of laws are the fundamental principles of
egalitarian justice.
egalitarian justice.

"
"
One searches our chronicles in vain for the execution of
One searches our chronicles in vain for the execution of
any member of the affluent strata in this society.
any member of the affluent strata in this society.

Justice Mr. William O. Douglas Justice Mr. William O. Douglas

Very true! When have you seen a millionaire being put

Very true! When have you seen a millionaire being put
to death for a heinous crime?
to death for a heinous crime?
Are you satisfied with this familys
Are you satisfied with this familys
woes?
woes?
Dhananjoy Chatterjee's wife Purnima, father Bangshidhar Chatterjee, and
mother Belarani Chatterjee sitting in a dharna on a pavement in Kolkata on
June 21 seeking mercy for the convict by remitting the death sentence.
Should Convicts Families Suffer
Should Convicts Families Suffer
Loss?
Loss?

Many bereaved family-members suffer depression,

Many bereaved family-members suffer depression,
victimization, bullying, intimidation when offenders are
victimization, bullying, intimidation when offenders are
punished with DP.
punished with DP.

How can the society pay the debt it owes to families like
How can the society pay the debt it owes to families like
the one you saw in the previous slide? What about the
the one you saw in the previous slide? What about the
states duty to protect their rights?
states duty to protect their rights?

In the name of justice how can a state perpetrate

In the name of justice how can a state perpetrate
injustice on the families of defendants?
injustice on the families of defendants?

Is this not revenge?

Is this not revenge?

Is this not the revenge the state wants to avoid to

Is this not the revenge the state wants to avoid to
maintain social law-and-order?
maintain social law-and-order?
Even the Hangman Suffers
Even the Hangman Suffers
Kural - 319
Kural - 319
After seeing Dhananjoys calmness, his claim to
innocence and a blessing together with the shock of
hanging made Hangman Nata Mallik complain of
uneasiness after hanging Dhananjoy. He is brought
in an ambulance to his residence. His son (extreme
left), who assisted him to hang Dhananjoy, is also
seen in the picture.
Hangman Nata Mallik was bragging about his
readiness and eagerness to put Dhananjoy
Chatterjee to death just before his execution.
Here he flaunts the rope he had readied for
execution.

t''c+ t ' _n c+
t''c+ t ' _n c+
t't _+n o
t't _+n o
.
.
Conclusion
Conclusion

Research and statistics clearly show that DP never works. Research and statistics clearly show that DP never works.

Valluvars Thirukkurals clearly eschew Death Penalty. Valluvars Thirukkurals clearly eschew Death Penalty.

Real issues surrounding crime including racial, economic, social Real issues surrounding crime including racial, economic, social
disparities, drugs, violence, abuse, sex, fanaticism, terrorism, disparities, drugs, violence, abuse, sex, fanaticism, terrorism,
ghettoization, etc. need to be redressed to eliminate crimes ( ghettoization, etc. need to be redressed to eliminate crimes (Kural Kural
948 948 ). ).

Let us follow Valluvars footsteps to stop sending our poor, Let us follow Valluvars footsteps to stop sending our poor,
vulnerable, mentally-retarded, abused people to death thinking we vulnerable, mentally-retarded, abused people to death thinking we
do the right thing. Nothing can be more unjust than this. do the right thing. Nothing can be more unjust than this.

Whenever a Judge orders death-sentence, the flag of human-rights Whenever a Judge orders death-sentence, the flag of human-rights
flies half-mast. flies half-mast.

Former Justice Mr. V.R. Krishna Iyer, Supreme Court of India Former Justice Mr. V.R. Krishna Iyer, Supreme Court of India
Dispensability of Death Penalty
Dispensability of Death Penalty
A Thirukkural Perspective
A Thirukkural Perspective
Rex Sagayam Arul,
Rex Sagayam Arul, M.S (Univ. of Florida) M.S (Univ. of Florida)
Atlanta, Georgia, USA Atlanta, Georgia, USA
& &
Dr. S. Muthuswamy,
Dr. S. Muthuswamy, Ph.D (Univ. of Miami) Ph.D (Univ. of Miami)
Tallahassee, Florida, USA Tallahassee, Florida, USA
International Thirukkural Conference
International Thirukkural Conference
Columbia, Maryland, USA Columbia, Maryland, USA
Keynote Session - July 9, 2005 - 11:55 AM-12:15 PM Keynote Session - July 9, 2005 - 11:55 AM-12:15 PM