राज्य-राष्ट्र की दंडनीति और अहिंसा
By डॉ. लक्ष्मीनारायण पित्तल
Summary
The article examines the relationship between state punishment policy (dandniti) and non-violence (ahimsa), arguing that modern Indian governance has drifted from its philosophical roots. It defines ahimsa as more than non-killing, encompassing the renunciation of enmity and violence toward all beings, including the plant and mineral worlds, whose exploitation is deemed violent. Ancient Hindu and Jain texts prohibit violence because all existence originates from the same Brahman, all beings have rights, violence breeds hatred and anger, and it corrupts consciousness. The author distinguishes between punishing the act and the actor, noting that ancient Indian political thought separated the two, while modern penal systems conflate them. Gandhi is cited for his view that ahimsa is greater than truth and transcends time and place. The text critiques contemporary Indian punishment practices, citing the execution of Afzal Guru and the treatment of Sanjay Dutt and a cancer-stricken petitioner as examples of secrecy and inconsistency. It argues that India has adopted Western life-views without fully integrating them, losing its own civilizational perspective. The article calls for a return to dandniti based on dharma and ahimsa, where the state embodies compassion and friendship (anrinshansya) and follows the principle of "not killing, not dying, and not causing death" from the Gita. It concludes that true justice requires aligning means and ends, making punishment policy a reflection of non-violent, dharmic governance.
Conclusion
The document argues that India's modern penal system has lost its ethical grounding by abandoning indigenous principles of non-violence (ahinsa) and dharma in favor of imported Western models. It suggests that true justice requires distinguishing between the act and the actor, punishing the crime without hatred toward the criminal. The author critiques recent state actions—such as the rushed execution of Afzal Guru and the leniency shown to Sanjay Dutt—as revealing inconsistency and a lack of transparency. Ultimately, the text calls for a return to a danda-niti rooted in compassion, truth, and the ancient ideal of "aatmavat sarvabhuteshu" (seeing oneself in all beings). This would align state punishment with non-violence and dharma, fostering a society where justice heals rather than divides.