Law – Punishment and Conviction

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My laws are just an addendum and modern day update to the already established laws of Kautilya.

There are many others law givers in our Shastras, and as I find time and read more about them, I will include those updated versions also.

There was one significant flaw with Kautilya, was that the Arthashastra puts the law of the King above the law of the Rtam which consists of Dharma and Karma.

That is why the kingdom of Magadha ultimately failed, because finally the later Kings themselves were Anarya and Wicked.

There is no law above Dharma, even the mightiest of Gods have to submit to the law of Dharma.

The laws of Manu clearly specify the importance and need for a just punishment.

129. Let him punish first by (gentle) admonition, afterwards by (harsh) reproof, thirdly by a fine, after that by corporal chastisement.

130. But when he cannot restrain such (offenders) even by corporal punishment, then let him apply to them even all the four (modes conjointly).

The main objective of punishment is to bring about a reformation in the offender.

Read my article on Justice on the two methods to reform an offender.

Punishment for crimes other than premeditated violence, premeditated and unprovoked murder, serious violent, sexual and terrorist offenses must based on Manu described the four stages of punishment, especially for young and impressionable minds.

This must be strictly followed.

Even for serious offences like corruption and tax dodging, the above stages of punishment must be followed, but for corruption and tax dodging, fines should be imposed in the first instance itself.

Those who admit their sinful acts without appeals or multiple appeals in a court of Justice must be given the following special exemptions:

  • No lien or confiscation of their relatives or loved one’s houses.
  • No drinking of their own urine.
  • No amputation of their legs.
  • A 40% reduction in the number of years and time spent for hard labour.

In the crimes requiring confiscation or demolition of houses:

  • If a relative or loved one brings about the surrender or capture of the offender, then that relative or loved one’s house should not be confiscated or demolished even if the offender was staying in the same house.
  • If the offender was being given shelter by anybody to escape from their crime, then the house of the person who gave them shelter must be confiscated.
  • In the event the person who gave shelter was not aware of the crime of the offender, then this condition can be exempt, but this needs to be weighed extremely carefully to correctly assess if the person who gave shelter was truly unaware of the crime.

The reasonable limit of days before sentencing based on unimpeachable proof is:

In the event of unimpeachable authenticated proof, no trial at all is required.

The defendant can be sentenced within 15 days, if they cannot prove that the unimpeachable proof was fake within a reasonable limit of a maximum of 15 days before sentencing.

This unimpeachable proof does not have to be just during the duration of committing the crime,  any proof of these criminals’ involvement even before or after the crime is sufficient for conviction.

There is no provision for appeal to higher courts of law for such convictions where unimpeachable proof is provided.

Before an offender is made to drink their own urine, it must be ensured that the urine is sterilized so that no germs affect the health of the offender.

In the same way the donkey urine must also be sterilized to protect the health of the offender.

Amputation of the arms must be done above the elbow.

Amputation of the legs must be done below the knee.

The basic thing to remember is that punishment should be like Karma — do not judge a person by his last actions alone, but by the sum of his actions and also his actions in the future.

Condemn not the person, but the bad quality in that person.

Read my article on Dharma and how Lord Ram applied this principle all his life even to Ravana, the man who kidnapped his wife Sita.

In cases of crimes where there are victims, the Arya judge should also consider the opinion of the victims and their families and then decide the quantum of punishment.

Kidnappers, premeditated and unprovoked murderers, rapists, terrorists, rioters, inciters and thugs who harm another and violent criminals who are violent for selfish personal gain or perform violent against innocent law abiding people deserve the strongest of punishments as  I have described in my laws.

Before these punishments are given for serious violent, sexual and terrorist offenders, we should harvest one kidney and any other organ that wont kill them but benefit others.

This also applies to those instigating, abetting and executing serious violent, sexual  and terrorist offences.

There should be a daily local broadcast on local channels for at least 10 minutes on the punishments meted out to such people at a late hour when most children are sleeping.

There should also be a Internet website accessible over mobile phone and computer.

Both the text and video of the offences and punishment should be displayed.

The True Temples for the Wicked and Anarya can be built in the prisons.

It can also be built in wastelands, arid areas and deserts where not many people live.

These True Temples for the Wicked and Anarya  should be completely financed and run by the state, more specifically run by the defenders of the State.

No profit should ever be derived from the labours of these prisoners.

They should always be completely shaved — no head hair, beard or moustache.

Their head should be always be shaved only with donkey urine for the first year.

After a year of serving their sentence, their head can be shaved with water or other suitable shaving accompaniments.

The men should be stripped naked.

The men can only buy undergarments after working for 100 days.

The women should not be stripped naked but they should be given bright yellow tracksuits or jumpsuits or other womens work clothes or even salwaar kameez.

Their head should also be shaved with donkey urine for the first year.

The Anarya and Wicked must be put to daily hard labour in these local areas, for building tanks, ponds, canals, roads and planting and taking care of trees.

They can also be used to plough fields and sow and harvest crops.

They should be dealt in the harshest manner if they oppose or try to escape their work.

If they resist violently and cause another harm, violence can be used against them to subdue them and if this violence results in their death, no charges should be brought the person against whom the violence was directed.

Their spirit should be completely broken.

They must follow the same routine below everyday:

  • Wake up by 5am to the sound of Bhajans of all religions.
  • Ablutions and have cold water bath and get ready by 530am to the sound of Bhajans of all religions.
  • Perform ध्यान Dhyan in silence from 530am to 615am
  • Have Satvik breakfast from 615am to 645am
  • By 7am start physical work and hard labour for serious offenders, start other skill based work for lesser offenders.  Skills that will come to use for them once they leave prison.

All violent, sexual and terrorist offenders and repeat corruption and tax dodgers deserve physical work. Serious violent, sexual and terrorist offenders deserve hard labour.

  • Satvik tea break at 1030am for 30 minutes
  • Resume work from 1100am to 1230pm
  • Satvik lunch at 1230pm to 130pm
  • Resume work from 130pm
  • Satvik tea break at 330pm for 30 minutes
  • Resume work from 4pm to 530pm
  • Return to the True Temple for the Wicked, and have a cold water bath to the sound of Bhajans and be ready for ध्यान Dhyan by 630pm
  • Perform ध्यान Dhyan in silence from 630pm to 715pm
  • Have Satvik dinner from 730pm to 8pm to the sound of Bhajans of all religions.
  • Free time from 830pm to 9pm to the sound of Bhajans  of all religions.

Free time only includes time to talk to other prisoners or their relatives who visit them.

  • Lights out by 9pm.

Suggested bhajans should be from all religions of Bharat.

Some I personally listen to often and recommend to be played include Hanuman Chalisa (MS Subbulakshmi and Pandit Jasraj/Shankar Mahadevan), Vishnu Sahashranama (MS Subbulakshmi) Mahamrityunjaya Mantra(Pandit Jasraj), Gayatri Mantra(Pandit Jasraj and Subha Mudgal), Sri Rudram, Pibare Ramrasam(MS Subbulakshmi), Ram Raksha Stotram, Krishna Mahamantra(Subha Mudgal), Ganapathi Maha Mantra (Subha Mudgal), Om(Subha Mudgal), Hai Tuj Me Sab (Ustad Shujat Ali Khan), Umr Bhar Doonda Kiya(Ustad Shujat Ali Khan), Ya Khwaja Moinudeen (Ustad Shujat Ali Khan),  Shahbaz Kalandar Lal(Ustad Nusrat Fateh Ali Khan), Ali Maula Ali(Ustad Nusrat Fateh Ali Khan), Allah Muhammed Char Yar (Ustad Nusrat Fateh Ali Khan), Amazing Grace(Susan Boyle), Will the Circle be Unbroken(Carter family), Precious Memories(Loretta Lynn), Swing Low Sweet Chariot(Loretta Lynn), The Masterpiece(Johnny Cash) and The Christmas Guest(Johnny Cash).

After they serve the actual punishment for violent, sexual and terrorist offences, toilet breaks and water breaks can be allowed for 10 minutes every two hours of their work period.

They can be allowed one rest day from work every 45 days, but the rest of the routine for ध्यान Dhyan will continue every day.

They should never be served meat or even eggs.

They should not have access to any form of entertainment that includes the TV and Internet or even newspapers.

They should not have any clocks.  They should not have any calendars.

Their spirit will be broken with the method of elimination described above.

And then their selfish aggressive lustful spirit will be dead.

Their wickedness will destroyed.

Let them go free after they have served their sentences.

If they have no place to live, send them to the to the True Temples for the Brahma Dana.

All criminals for serious crimes would have a GPS tracking device to track them and their activities both when they are imprisoned and even when they get out.

This monitoring should be done for at least two years after they get out of jail, but violent criminals and rapists should be tracked for life.

Convicted criminals for serious crimes (corruption, theft, thugs, rapists, murderers and sexual harassers, terrorists and fraudsters) should not be allowed to vote or stand for public office for 5 years after their release.

Criminals for the above serious crimes should not be able to get any permits from the state even for a driving license, marriage certificate, pension or other social benefits for 5 years after their release.

However they can be provided educational and healthcare benefits.

Prisoners for lesser crimes can be provided educational subsidies and encouraged to study further even during the course of their imprisonment.