Jainthology

SR No.: 006577
Original Sutra Author: N/A
Author: Ganesh Lalwani
Publisher: Jain Bhawan Publication
Publication Year: 1991
Total Pages: 294
Language: English
Classification: Book_English
File Size: 8 MB

Page 106

the law and the religion went hand in hand; the Codes of Manu, Yājõyavalkya, Nārada, Parāśara and others are the source-books at a time both for religion and for law. Even neighbouring countries of Siam, Burma, Java and Bali did adopt the Code of Manu.28 Name of Manu is so much reputed as law-giver that even the Kula-kara's who preceded the first Lord Tirthankara are known as Manus in the tradition of respect among the Jainas.
Crime in India is governed by Indian Penal Code, which was drafted by Macaulay and adopted since 1960, and also by a score of minor criminal statutes, enacted from time to time. In a Supreme Court Case, 29 it has been observed : “Unfortunately the Indian Penal Code still lingers in somewhat compartmentalized system of punishment viz. imprisonment, simple or rigorous, fine and of course the capital sentence." In fact, the whole judgment is classic from the standpoint of analyzing the inadequacies of the existing penal system and prophesizingly suggesting radical changes therein on the strength of balance between eastern experience and western inquisitiveness. In the same judgment, their Lordships observe: "...Perhaphs the time has come for Indian Criminologists to rely more on Patañjala Sūtra as a scientific curative for crimogenic factors than on the blind jail term set out in the penal code and that may be why westerm researchers are now seeking Indian Yogic ways in normalizing the individual and the group.''30 In another Supreme Court case,31 note has been taken of the concepts of afterlife and re-birth in connection with penology and criminology.
The trend of judicial mind in India, beyond definition in precise terms, may however, be revealed in connection with the new considerations hovering round the science of penology in the words of Supreme Court Judges themselves :
(1) "...the winds of criminological change blow over Indian Statutory
thought."32
28 Maurice Winternitz, History of Indian Literature, Vol. III part II, p. 557. 29 Mohd. Giasuddin Vs State of Andhra Pradesh, per their Lordships V. R. Krishna
Iyer and Jasawant Singh JJ., 1977 Criminal Law Reporter, Supreme Court, 285,
p. 290, Para 18. 30 Ibid., p. 286. 34 Shiv Mohan Singh Vs the State (Delhi Admn) per their Lordships V. Y. Chandra
chud (NW CJ) and V.R. Krishna Iyer, JJ, 1977, Criminal Law Reporter, Supreme
Court. 204. 32 1974 Criminal Law Reporter, SC, 278 Raghuvir Singh Vs State of Haryana per
Krishna Iyer J, p. 279.
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