Punishment

There is no doubt that punishment should be given if crime is committed. But punishment should be proportionate to the crime. A mango is stolen by a passer-by from a roadside tree. How much punishment does he deserve? One incident occurred in Ratnagiri on 31.1.2009. One passer-by was seen by us mercilessly being bitten; forceful fist blows were being given to him by two men, who were servants of the mango tree. The beating was so fierce that he would have become unconscious unless somebody intervened. The man who stole one green mango requested the owner of the tree that he would pay the price of that mango. The owner said the price of the mango is one thousand rupees. He should pay Rs. 1000/- then only he will be permitted to go. Spectators, who were having pity towards this man, who was being beaten, tried to intervene and pacify the owner of the mango tree and to prevent him beating in this cruel manner. But the owner and his servants also threatened passers-by if they intervened in the matter. Even an advocate, a principal of Law College, a head of the department of law faculty of a university who saw this incident did not intervene for the fear of being bitten. The students who were present on this occasion desired to intervene; but they were stopped by their teachers because unnecessary consequences may occur. I was told that owner of the mango tree was having four wheelers and good property and he was also earning money by illegal methods like gambling and bootlegging. Should he order his servant to give such type of excessive punishment to the passer-by who steals just one mango?

Would anything have happened if these spectators would have referred this case to police station? Nothing would have happened. Such rich persons always manage police personnel. ‘Masti’ was visible on the face of the owner of the mango tree. (There is no correct corresponding word in English for ‘Masti’ in Marathi language). There can be Masti of money power, Masti of muscle power and Masti of political power. Such persons show no regard to law or humanity. They break the law with impunity.

Law is in books only. In practical life many factors play a role to make law impotent.

While writing these words, I have taken a small break and was watching News on TV. News was telecast with a video-clipping. In that video-clipping a senior police sub-inspector Shyamlal Yadav was shown mercilessly torturing a girl of just six years of age (Girl named Komal from Itawa District in U.P) on the suspicion that she has stolen Rs. 280. In law, a child below seven years of age is not liable for any offence. Doesn’t police officer know this? Who gave power to the police officer to punish the child delinquent? What about policy of Juvenile Justice Act? All thrown to the wind!