Re-introduction of the death penalty: The Buddhist perspective
Amid an alarming increase in premeditated killings, rape of women and sexual abuse, calls are being made even from the highest levels of the government for the reintroduction of the death penalty.
Sri Lanka is primarily a Buddhist country where other leading religions such as Christianity, Hinduism and Islam enjoy the freedom to practise their faith without any hindrance.
A key feature in Buddhism is the observance of the five precepts -- refraining from killing, stealing, sexual misconduct, falsehood and intoxicants. The first precept is to refrain from killing not only humans but all living beings. However, human life is precious because they have the mental capacity to develop and purify their minds and realise the Buddhist goal of Nibbana to escape from samsara, the cycle of births and deaths.
The re-introduction of the death penalty is advocated on two grounds. The offenders will not be able to repeat their dastardly action and it could act as a deterrent. The first could be overcome by ensuring that the life sentence imposed on such offenders is not relaxed under any circumstances. Regarding the second factor, influential people and even their children tend to believe that they could get away from such crimes because of their power or the parents’ powers. This aspect could continue even after the introduction of the death penalty. Action could be retarded at the level of police investigations, formulation of prosecution charges at the Attorney-General’s Department and even at the judicial level.
The more challenging and humanitarian task is not the easy way of putting an end to the life of an offender but the great and noble effort to reform him or her. We learn in Buddhism that Buddha, on several occasions, had turned serious criminals into good people who subsequently lived the religious life and sometimes even realised Nibbana.
If this is not considered feasible today because of changed circumstances, we have an example from Southern India where notorious criminals are reformed through the Buddhist practice of cleansing the mind by encouraging them to take to meditation or Bhavana. Kiran Bedi, the lady head of a prison in South India, took the initiative to conduct Bhavana sessions in her prison for those inclined to engage in this practice. Gradually the programme gathered momentum and many seasoned criminals reviewing the unwholesome lives they had led recoiled at their past behaviour and some have even wept. Consequently they have taken to religious life engaging in Bhavana on a regular basis. Some after long years of imprisonment received remission of sentence on account of good behaviour and became good citizens engaging in occupations of wholesome nature.
There is another aspect with regard to the death penalty. A person executed for an offence could later be found to be innocent with lieu concessions and evidence. If a life sentence has been imposed it would be possible to release the person immediately and pay compensation for the period served in prison. However, if the person had been executed no remedial action is possible.
There is also the possibility that in rare circumstances an innocent person could be proved guilty of an offence punishable with execution. Such a miscarriage of justice would really be a serious crime where the punishment is execution.
It should also be noted that the European Union (EU), comprising mostly Christian nations, has urged our Government on more than one occasion to refrain from the re-introduction of the death penalty.
May saner and wiser counsel prevail and the re-introduction of the death penalty be abandoned in favour of the daunting task of reformation of criminals.
May all beings be well and happy!
Colombo 6