On September 25th, there was a tragic incident in Siolim wherein three youths were electrocuted whilst on a prawn-poaching expedition. This has prompted some armchair philosophers to wonder whether the "punishment" (death) was commensurate with the "crime" (intended poaching) and even to insist that it was a premeditated murder. The incident needs to be examined dispassionately and in depth since it has extensive connotations, as succinctly enunciated in the Gomantak Times editorial dated Sept. 27.
The first aspect we have to bear in mind is that this "punishment" was not handed down by any properly constituted judicial authority; and the "crime", though intended, was not committed. There is also the fact that a companion escaped the same fate as he did not enter the pond. Tragic deaths are not uncommon in Goa. Many youths lose their lives in accidents resulting from reckless driving; sometimes they carry along pillion riders and pavement walkers also into the hereafter. Many pedestrians too lose their lives while jaywalking on busy roads. There are also stray cases of boys who fall down fatally from coconut trees while stealing coconuts at night. In all the above instances, the "punishment" has been death for such petty "crimes" like rash driving, jaywalking and coconut-stealing. Could we say that this punishment is commensurate with the crime? It is more of a hazard of the pastime that the "punished" indulged in. They take the risk knowingly. Hundreds of youths drive recklessly, hundreds of people jaywalk and hundreds of boys rob coconuts at night. But not all of them meet with a tragic end; it is only the very unfortunate few. By the same token, hundreds of youths go stealing fish and come out unscathed. It is only these three who were not so lucky, just this once. Let us consider the punishment dished out by our legal system. How many crimes are committed and how many of these are detected? And, out of those that are detected, how many end up with the criminals being convicted? And what does the resultant commensurate punishment involve? In a robbery case, for instance, does the quantum even equal the booty that was involved in the last skirmish? What about the damage done by the same person earlier? What about all those crimes that go undetected and, therefore, unpunished? In one instance, five persons plot and execute the brutal murder of a sixth person; if proved guilty, all the five may be sentenced to death. That is, one death punished with five. In another instance, one individual plots and kills five others; he too could be sentenced to death. That is, five deaths are punished with one. Where is "commensurate" punishment here? Thus, if we weigh the totality of the incidence and quantum of crime against the incidence and quantum of punishment, we have to admit that our system of law enforcement very definitely encourages crime. Is this what our society really wants? And what of the victims of crime? Are they recompensed in any way? Most certainly not! The life of a murdered person cannot be restituted to him/her. But even the victims of robbery do not get back their belongings if and when these are recovered from the criminals. Thus, our law enforcement system *invariably* punishes the victim while *sometimes* punishing the criminal. What is the objective of punishment? Is it some kind of tit-for-tat or a type of penance? Is this the reason why our prisons have become like luxury hotels? Poor law-abiding citizens cannot afford some of the facilities which prisoners enjoy at the cost of the exchequer. This reminds me of a conversation I overheard near the Goan Society Building (where I lived) in Mumbai some three decades ago. A Goan resident asked a Maharashtrian fellow from the neighbourhod, "Are Raju, bhot din se nahin dekha. Kahan gaya tha?" (Raju, I didn't see you for many days. Where did you go?) This Raju did not have a job and indulged in petty crimes like picking pockets. He replied, "Jail mein tha yar! Jail mein achchha hai. Taim par khana aur sone ko khatla. Yahan to khane ka thikana nahin aur footpath par sona padta hai." (I was in jail. It is better in jail. You get meals on time and a bed to sleep on. Here you are not sure of your meal and you must sleep on the footpath.) Our law enforcement system thus leads to a proliferation of criminals by sending a clear signal that not only does crime pay, but even getting caught can provide you with comforts you are not used to. Ideally, the aim of punishment should have been to reduce the incidence of crime. For this purpose it must not only be exemplary but also deterrent; the punishment must not only hurt the criminal but must also be seen by others as hurting! Now, coming to the Siolim incident, (and assuming that it did not result from an accidental snapping of a live wire) it is evident that the owner of the prawn farm had a very valid reason - desperation - for resorting to the drastic step. Otherwise the locals would have lynched him even before the police got there. It is apparent, therefore, that the three deceased were known for indulging in this illegal activity and also that they plundered the farm regularly. If this is true, what could the owner do? Even admitting that fence electrification contravenes the existing law, what other option did the owner have? Should he also have put up a neon sign stating that the fence is electrified? He certainly did not lure them to his farm! They were not animals; they had no business to be there and they went there with dishonest intentions. Owners of coconut plantations have a similar experience. Their trees are plundered every night and when the regular plucking day arrives, the coconuts plucked may not even pay for the landlord's plucking expenses! What can he do? Illegally electrify the plantation? But in this case there is another drawback. Stray cattle, another nocturnal plague, might get electrocuted in stead of the bipeds. Moreover, the thieves could safely cut the wires and carry on regardless! It is high time that owners of fish farms, plantations etc. banded together and impressed upon the Government to legalize electrification of their properties at night. Automatically, cattle owners will tether their animals for the night and, consequently, paddy fields will become more profitable for their cultivators. Sebastian M. Borges _______________________________________________ Goanet mailing list [email protected] http://lists.goanet.org/listinfo.cgi/goanet-goanet.org
