Mir Shahid Punishment
Human beings stand on the sentinel of living world. They make and remake the models of society for harmony and stability. This distinguished attribute isn’t a developed faculty in other kingdoms. They modified the infinite models to evolve the order for social functionality. This social order is presumed to confirm to Live and Let Live principle.
This principle is supposed to create the safe and stable environment for every individual of the society.
The strategy lying behind the emergence of new and Innovative order replacing the existing is the norm of humans from the yore of jungle living to artificial intelligence.
The Great Humanist Karl Marx traced the five prominent socio-economic stages to prove his claim right against capitalism.
Similarly the liberals traced it in different way to prove themselves right. Whatever may be the case this antagonism between negative and positive contradiction for the success of any social order depends on the quality of individuals.
The society is nothing but cumulative experience of social solidarity whose participants are human beings. They inhabit and inherit the solidarity as a matter of dependence on one another.
This solidarity is composed of certain distinguished principles whose violation leads to friction and subsequent spreading of crime hurting involving individuals.
This contradiction is temporary solved through individualist approach. Does elimination of criminal eliminates crime or alleviates it ? The contemporary law and order is based on friction of Violation in solidarity but punishment for individual which is wholly paradoxical!
Once analysing the contours of a case in sexual relationship of marriage in Western Europe, court took everyone by surprise that to guard the parents in old age isn’t the responsibility of its wards and her husband.
The court ultimately resolved the marriage in last year’s of life for old couple which left the lady in lurch.
This narrative of tackling crime at the individual level is going to modify the social solidarity in years to come, thanks to reference principle of Courts.
This story uncovers the fact of individual to individual relation which was supposed to be seen through prism of Liberty.
The liberty of being free by old man was held right but the responsibility of old man regarding welfare of lady was supposed to be wrong.
The prevailing law if taken into consideration looks for the punishment to single individual. It is based on the principle of “one who violates law is to be punished”.
But the crime when prevailing is not a failure of single mental faculty but the breakage of that social solidarity concept which makes corner Stone of society.
The decision of court in old lady case is going to be defended on the liberals order but the welfare of old lady is left at the mercy of God.
Is it a crime to get married? Which law does the lady violate? Back home the country is facing acute crises of repetitive rape against women.
The Nirbhaya memories are so horrible for a conscious being! It compelled govt to legislate Capital punishment law by running through parliament.
This old narrative couldn’t help to prevent the incidences of rape in the country. The concept that individual punishment would end the crime is lackadaisical on part of society. Herein lies the space for analysis of crime itself.
The criminal is falling short of two basic etiquettes while making crime. Time and emotional short-sightedness are the promoters.
A criminal in the majority of cases does it in short span of time and they always keep the emotional eyes open while shutting down mental faculty.
This dichotomy in individual is attacked through punishment which is totally ridiculous. These qualities are common in every human being.
Every individual possess emotional and short-sightedness in his life matters. However those who control such factors become sages while as criminals always becomes their soft target.
Having said that Every man knows I have my mother at home and every gang knows we have sisters but the way they fell short to rape a women lies not in the individual but the social environment because everyone is knowing Capital punishment is end of murder and rape of below 18.
Does the individuals are absentminded? No not always but the social environment provides them a scope for taking law in their own hands.
While surveying the western countries about decrease in incidences of rapes the report card mentioned an interesting fact.
The sexual fantasy is equally interesting in both the genders which eliminate the possibility to a maximum possible extent.
According to an estimate 48% of births in USA are without wedlock. The married couples proudly disclose their what they call boyfriend and girlfriend to each other.
This story manifests that To Have Sex isn’t in the report card of natives. They have reached beyond this fantasy which provides less scope for rape.
It’s not that they are crime free or the immoral way of sex is to be defended but when the whole society constructs a model whose script is acceptable to everyone crime would be dystopian and goriest in the eyes of individuals.
There millions of such episodes which signify the individual punishment wrong to save the society from evil of crime. The case of Kashmir is more fruitful to understand the situation.
The stone pelters aren’t blind to analyse that a stone is to be replied by pellet which could siphon away lustre of eyes forever or the bullet which may let you sacrifice your life.
However the rising incidences of stone pelting despite harsh measures of AFSA ACT and severe punishment for those held on such charges.
Didn’t those who March towards encounter site know what kind of sweets are offered there. This conception of individual punishment leads to more sever crime for later life.
The entire underworld Barron’s who were arrested and tried later released made hell of life of generations. The individual crime and individual punishment is a contradiction.
A criminal if eliminated ends a life a human being who holds his own solidarity which subsequently shapes the same intellect in one of them leading to more and more crime.
The crime is the cause and the criminal is its soft target. It’s not that punishment deters a normal man to keep away but the respect of his social solidarity helps him to his line.
As Mahatma once quoted “eye for and eye will make whole world blind”. The solution lies not in the punishment but the modification of social order which debars the people itself to indulge in crime against prevailing order.
The reading that one who is criminal and other who’s victim are real operators of some crime is absolutely grotesque.
But the whole society owes its debt to prevent the crime being done. Someone’s quote in modified way goes ” A man can go for anything in case of love and war ” .
While as war is not the solution the love of social solidarity is panacea for diseased society. The social order is in crisis whose medicine is piecemeal engineering approach. The order where the common feeling of live and let live is cornerstone.
The punishment for rape incidences hardly serves the cause to prevent our respected women from such menace. Therefore solution lies somewhere else.
The need is to thoroughly study the causes of crime in nip and tuck way of investigating the criminal to save nascent people on either side. All are human beings who have equal claim for dignified life.
If they save themselves off from such state the reasons have to be analysed to ultimately construct social order based on purity. The contemporary way of physical punishment is right to be defended on basis of Human Rights but not when the disease has to be cured.
The remedy is to initiate social reforms and social reconstruction on the guidelines of Khalifat Hazrath Umer ( R A ) ” Cut the hands of king not poor who was compelled by poverty to steal something”. The king represents the society where everyone will be free and equal.
The son’s hindsight is father’s far sight. The continuous piling of police for law and order is has failed to prevent a single crime from repetition. Solution is social reconstruction and reconstitution.
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