Jain Sahitya Samaroha Guchha 1

Author(s): Ramanlal C Shah, Kantilal D Kora, Pannalal R Shah, Gulab Dedhiya
Publisher: Mahavir Jain Vidyalay

Page 410

The Concept of Jain Penology
391
Harsh and exacting as the Law of Karma may appear to be in subjecting the soul to infernal tortures and doling out punishment every moment in one form or the other by obstructing the real qualities of individual soul as an inevitable reaction to every action, the Jaina religious philosophy still vehemently and emphatically opposes the idea of punishment in any form even to the worst of offenders and positively enjoins Kshama (pardon), It is one thing to point out the retributory and retaliatory role of Karma but quite another even to wish in thoughts that the perpetrator of crimes be subjected even to the slightest of punishment. This extremely merciful and compassionate attitude of religious philosophy and principle was not unknown but became a matter of criticism by authors on polity and administration. Somadeva Suri, for example, forbids the King to take the religious attitude towards criminals.
Contribution of Jain-penology, notwithstanding thorough elimination of punishment, lies in the prevention of crimogenic tendencies in individuals by adoption of samvara and to that extent it has immense social significance in positive terms. This can be better understood by evaluation of distinctions and identity of religious philosophy with social sciences in its proper perspective. After adoption of samvara, the lapses and transgressions which are likely to occur can be cured by undergo
ing purificatory penances under the constant gui