Dispensability of Death Penalty Dispensability of Death Penalty A Thirukkural PerspectiveA Thirukkural Perspective

Rex Sagayam Arul,Rex Sagayam Arul, M.S (Univ. of Florida)M.S (Univ. of Florida)Atlanta, Georgia, USAAtlanta, Georgia, USA

&&

Dr. S. Muthuswamy,Dr. S. Muthuswamy, Ph.D (Univ. of Miami)Ph.D (Univ. of Miami)Tallahassee, Florida, USATallahassee, Florida, USA

International Thirukkural ConferenceInternational Thirukkural ConferenceColumbia, Maryland, USAColumbia, Maryland, USA

Keynote Session - July 9, 2005 - 11:55 AM-12:15 PMKeynote Session - July 9, 2005 - 11:55 AM-12:15 PM

AgendaAgenda 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 Thirukkural’s noetic couplets.Thirukkural’s 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-à-visvis-à-vis DP. DP.

Introduction - FindingIntroduction - 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-101DP-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 haven’t.US & India haven’t.

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-101DP-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 ChartersCharters

DP is:DP is: CruelCruel AmoralAmoral Cold-bloodedCold-blooded Pre-meditatedPre-meditated IrreversibleIrreversible RetributiveRetributive Non-deterrentNon-deterrent

Punishment is a must! Punishment is a must! Kural – 550Kural – 550

க��ல�ய�ற க��டய�ல� வ நக��றத�ல ல�ஙகழ க��ல�ய�ற க��டய�ல� வ நக��றத�ல ல�ஙகழ �ல��ட ட�வ��ட வ�ர�ல��ட ட�வ��ட வ�ர..

““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 doesn’t imply killing.Weeding doesn’t imply killing.

Law must take its own course! Law must take its own course! Kural – 549Kural – 549

கடபறங ��தவ��ம��க கறறங �ட�லகடபறங ��தவ��ம��க கறறங �ட�ல ட னற வ ந�ன க��ழ�ல ட னற வ ந�ன க��ழ�ல..

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

Valluvar’s staunch defense for prosecution & Valluvar’s 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 - 834Kural - 834

ஓ�� உணரநதம ��றரககல�ததம ���டங��பஓ�� உணரநதம ��றரககல�ததம ���டங��பவ�ல�ய�ற வ�ல�ய�ர இலவ�ல�ய�ற வ�ல�ய�ர இல..

““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 moderatemoderate 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?

Valluvar’s Kural 834 clearly redresses these Valluvar’s Kural 834 clearly redresses these criminological questions.criminological questions.

Killing cannot be for common-good!Killing cannot be for common-good!Kural - 328Kural - 328

�னற�கம ஆக�ம க���க���னஞ ச�னவற�ரககக�னற�கம ஆக�ம க���க���னஞ ச�னவற�ரகககக��னற�கம ஆக�ம �லடக��னற�கம ஆக�ம �லட

““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 thinksthinks 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 “NoNo.”.”

Never Kill Even if Stakes Are High!Never Kill Even if Stakes Are High!Kural - 327Kural - 327

�னனய�ர �0ப��னம கசயயற� ��ன��ற��னனய�ர �0ப��னம கசயயற� ��ன��ற���னனய�ர �0ககம �ல���னனய�ர �0ககம �ல�..

““Even if self’s life is in jeopardy, never resort to Even if self’s 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.

Kural’s Clear Advocacy Against All Kural’s Clear Advocacy Against All Killings!Killings!

Kural - 324Kural - 324 �ல��ற எ�ப�ட த ய�க���ன ய�க��னறம�ல��ற எ�ப�ட த ய�க���ன ய�க��னறம

க��ல��ல3 சழம க�ற�க��ல��ல3 சழம க�ற�

““Righteousness is Righteousness is defineddefined as the supreme creed of as the supreme creed of nevernever 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-384Kural-384

அற��ழக�� �ல�ல �0க�� 3ற��ழக��அற��ழக�� �ல�ல �0க�� 3ற��ழக��3��ம உலடய ��ச3��ம உலடய ��ச..

““A state’s virtue lies in A state’s virtue lies in clearly eliminating the evil and not the goodclearly 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 BhagwatiFormer 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-948Kural-948

வ��ய��ட வ��யம�ல ��ட அத�ண�ககம வ��ய��ட வ��யம�ல ��ட அத�ண�ககம �ய��ட �யப�ச கசயல �ய��ட �யப�ச கசயல

““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 ReformPunishment is for ReformKural - 561Kural - 561

�க��ஙக ��டத �ல�சகசல�� ணணத���க��ஙக ��டத �ல�சகசல�� ணணத��க����ங க��றப�த வ நதக����ங க��றப�த வ நத..

““Punishment must be Punishment must be appropriateappropriate to the crime to the crime committed; must serve as a committed; must serve as a deterrentdeterrent to others; to others; must be must be proportionateproportionate to the original crime to the original crime committed.”committed.”

Valluvar’s clear definition in 561 has become the Valluvar’s 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-562Kural-562

�டவ��சச� க3ல� க ற�� க�ட��க�ம�டவ��சச� க3ல� க ற�� க�ட��க�ம�0ங��ல3 வ ணட � ர�0ங��ல3 வ ணட � ர..

““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 mildermilder 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 - 541Kural - 541

ஓரநத �ணவண�ட�த இலறப��நத ய�ர3�டடமஓரநத �ணவண�ட�த இலறப��நத ய�ர3�டடமவ�ரநதகசய ;வ� மலறவ�ரநதகசய ;வ� மலற..

““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. DouglasJustice 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 family’s Are you satisfied with this family’s 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 state’s duty to protect their rights?state’s 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 SuffersEven the Hangman SuffersKural - 319Kural - 319

After seeing Dhananjoy’s 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.

��றரக��ன�� மற��ல கசயய�ன �3கக இன����றரக��ன�� மற��ல கசயய�ன �3கக இன�� ��ற��ல ��வ3 ரம��ற��ல ��வ3 ரம..

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

Valluvar’s Thirukkurals clearly eschew Death Penalty.Valluvar’s 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 Valluvar’s footsteps to stop sending our poor, Let us follow Valluvar’s 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 IndiaFormer Justice Mr. V.R. Krishna Iyer, Supreme Court of India

Dispensability of Death Penalty Dispensability of Death Penalty A Thirukkural PerspectiveA Thirukkural Perspective

Rex Sagayam Arul,Rex Sagayam Arul, M.S (Univ. of Florida)M.S (Univ. of Florida)Atlanta, Georgia, USAAtlanta, Georgia, USA

&&

Dr. S. Muthuswamy,Dr. S. Muthuswamy, Ph.D (Univ. of Miami)Ph.D (Univ. of Miami)Tallahassee, Florida, USATallahassee, Florida, USA

International Thirukkural ConferenceInternational Thirukkural ConferenceColumbia, Maryland, USAColumbia, Maryland, USA

Keynote Session - July 9, 2005 - 11:55 AM-12:15 PMKeynote Session - July 9, 2005 - 11:55 AM-12:15 PM