A Criminologist's Diary-41

A Criminologist’s Diary-41

Account Criminology and Criminal Ju...

THE Latest PENOLOGY

When I was a Member of the Sentence Review Committee of the State of Kerala, chaired by Justice V. Hariharan Nair, Retired Judge, High Court of Judicature, Kerala, a case came up for our consideration. An old lady of 72( years of age) who was convicted for life imprisonment for burning to death of her daughter in law by pouring kerosene on her head wanted pre-mature release from the prison. Her husband, 81 years old, was alive. He was sick and badly needed the presence of his aged wife for nursing him. She too was sick and had spent more than 10 long years in the jail and was legally eligible(?) for getting pre-mature release from the prison.

On examination of the above case, we could learn that she was most suitable for pre-mature release. Nevertheless and most unfortunately, we could not recommend her for pre-mature release because the law did not permit it. For, anyone convicted for life imprisonment for an offence against women was not to be granted pre-mature release. Regretfully, we refused to recommend her genuine case to the Government and while the Chairman was writing the so-called unanimous refusal words of recommendation, I made a comment in a feeble voice:” Yes, her burial can be at the expense of the State and it is the net result of this refusal”. The Chairman and other members smiled or frowned at my honest but painful comment- I do not remember.

Imprisonment as a punishment has a history of its own. It has a history of just over 300 years as it was in 1704 that the same was accepted as a punishment for offenders. When the Indian Penal Code-1860 was enacted, imprisonment became the only punishment that could be given either alone or along with other types of penalties for all kinds of offences. The imprisonment was punitive to begin with and gradually it became punitive-correctional, corrective, corrective-reformative, corrective-reformative-rehabilitative and now for socialization and reintegration of crime doers back to society. Of late, the purpose of imprisonment has become ‘to develop human personality in an upright way in the right direction’. Quite recently, an aged and sick politician and a former Minister of a State Government was punished for one years’ imprisonment for an offence which he was alleged to have committed about 20-25 years ago. Again a high ranking police official who was 76 or so was punished for life imprisonment for an offence he was alleged to have committed about 40 years ago. Then the questions arise:

(1) Do the aged and infirm crime doers need to develop their personality in an upright way in the right direction at the fag end of their life? Or better, can it be developed?

(2) What type of ‘justice ‘is administered to a crime doer for a crime committed about 25-30-35-40 years back? Can it be called ‘JUSTICE’ by any definition or description?’ When a law is enforced, the justice should not be denied’- is a basic and fundamental principle of jurisprudence.

(3) The history of punishment has travelled a long way from retribution-i.e., an eye for an eye, a tooth for a tooth approach to the development of the personality of the crime doers. If so, imprisonment is only a means to an end, the end being the development of human personality in an upright way in the right direction. When the objective cannot be achieved or is not required, then there is no meaning in awarding a purposeless imprisonment to the very old and the infirm. What do you say?

(4) Are they sent to prison for their burial at the fag end of their life or for developing their personality just before going to their grave? Is it not better to award death penalty and finish them permanently than forcing them to suffer the punishment and thus to die a miserable death?

The international community may deliberate on the topic and give a full stop to this cruel and inhuman punishment to the aged and infirm at a time when the people come forward with all sorts of special care and protection to the aged.Is this the latest PENOLOGY?