561. Is the Punishment Adequate?

"Your Majesty! The thief who intruded into the palace has been caught" said the minister.

"So I heard. I also learn that the judge has awarded prison sentence to him. But, why did you have to come with the Chief of the Secret Service, to tell me this?" asked the king.

"Your Majesty! The judge doesn't know about the severity of the crime. The thief was charged with intruding into the palace, intending to commit robbery. On the basis of this charge, the judge sentenced him to imprisonment for five years."

"So, what am I missing here?"

"Your Majesty! Do you know how the intruder entered the palace?"

"I was told that two palace guards had heled him and that the guards had also been arrested." 

The minister looked at the Secret Service Chief.

The Secret Service Chief, feeling nervous and embarrassed, told the king, "Your Majesty! The intruder entered the palace, through the underground passage!" 

"Through the underground passage? Only a handful of people residing in the palace know about this secret underground passage, emanating in the palace and leading up to a spot outside the fort. How did an outsider enter the passage and reach the palace?" asked the king, fuming with anger.

"When interrogated, the intruder told the guards that he saw someone coming out of the fort through that passage. Out of curiosity, he went to the spot, found the passage, walked through it and arrived at the palace."

"But, how did he enter the palace? There is a door at the entrance of the palace, which is always kept locked. How did he open it without a key?"

"He didn't enter the palace, Your Majesty. He was stuck behind the door. Since it was dark, he couldn't find the way to go back either. So, he got panicked and knocked the door. Hearing the knock, a couple of guards from the palace went to that place, opened the door and arrested him."

"Thank God! Then, what about the information that two guards who assisted the intruder were arrested?"

"Pardon me, Your Majesty. That information is false. It was released as per my instruction."

"Why did you give this instruction?"

"The news that a person who intruded into the palace was caught had spread throughout the capital city. The question how he entered the palace guarded by security guards will arise in the minds of people and make them have concerns about security. Only to prevent such concerns rising in the minds of the people, I advised the Chief of Palace Guards to announce that two guards who helped the intruder enter the palace have been arrested."

"A wise move. Now, tell me what I should do?"

"Your Majesty, considering the severity of the crime, five years' imprisonment is inadequate. The judge has the power to award imprisonment only up to five years, for braking into a house. I would request you to enhance the punishment awarded to this intruder."

"I don't want to create an impression that intruding into the palace will attract a more severe punishment than intruding into the house of a common man."

The minister remained silent.

"Let us do one thing. Let us increase the maximum punishment for breaking into a house" said the king.

"Yes, Your Majesty. We can increase the term of imprisonment to ten years" suggested the minister.

"Ten years is not severe enough. I think imprisonment for life will be appropriate."

"Imprisonment for life? It appears too stringent, Your Majesty!"

"Why can't we consider robbery a heinous crime? Is not a severe punishment appropriate for a heinous crime! If we make robbery a crime punishable with life sentence, it will instill a fear in the minds of potential offenders and dissuade them from committing this crime. This will bring down the incidence of robberies occurring in our country."

"Yes, Your Majesty" said the minister, reluctantly.

"I understand the reason for your hesitation, minister. Life sentence is cruel. For that matter, any kind of imprisonment, even if it is for a short period, is cruel. If there is a fear that if one is caught in a crime of theft, one will have to spend the rest of one's life in prison will act as a deterrent and result in decrease in this kind of crimes. If a person imprisoned for a crime is afflicted by a severe illness or has a family emergency requiring his services to the family, we can release him, on compassionate grounds. We have been doing this already. Therefore, I believe that enhancing the severity of punishment and thereby bringing down the crimes will be a good move" said the king.

"We can do accordingly, Your Majesty! Your decisions have always been logical and fair. You may award life sentence to the person who tried to intrude into the palace."

"No, minister. A rule should be enforced, only from the time it is brought into force. Punishing a crime that occurred in the past, by retrospectively applying a law enacted in a later period, is unjustified, both on legal and on moral grounds. Let the five year imprisonment awarded by the judge prevail."

"Your Majesty! Just now I said that your decisions would always be both logical and fair. You have demonstrated your correct and just approach, yet another time" said the minister.

Thirukkural

Section 2

Materialism

Chapter 57

Refraining From Doing Terrifying Things

Verse 561 (in Tamil):

thakkAngu nAdith thalaich chellA vaNNaththAl
oththAngu oRuppadhu vEndhu.

Meaning:

Investigating neutrally, and punishing appropriately,

so as to deter the repeat of a crime, is the duty of the king.

(This is the English version of the Tamil story 'dhaNdanai pOdhAdhu' by the same author.)

Verse 562 (Soon)
Verse 560