Learning from the PastSreekumar CRIME & SEX IN ANCIENT INDIA By S.C. Banerji Naya Prokash, 1980, pp. 182, Rs. 70.00 VOLUME V NUMBER 2 September/October 1980 Crime and Sex in Ancient India deals with the crimes and sexual aberrations prevalent in
ancient India and the punishments meted out. The title is rather a misnomer as
the volume does not relate crime and sex to each other even though one can
gather when sex became criminal to our ancients.
From concepts of sin and expiation, through
the various works on crimes, the prescribed punishments and the judicial
procedures dealing with offences relating to movable and immovable properties,
money, purchase and sale, mortgage and other miscellaneous offences, the author
jumps over to sexual life, sex-influence on myths and legends, preservation of
youth, increase of sexual vigour and physical charm etc. He ends up with the
treatment of love in Sanskrit literature. Inspite of all this meanderings, the
innumerable spelling mistakes and wrong usage of language, Banerji's efforts
cannot be belittled as it throws light on the traditional ways of fighting
social evils and on the systematic criminal code our forefathers had developed.
Whenever a Rameeza Bee, Mathura or Maya Tyagi
happens in our country responsible public figures, and government officials
too, go about white-washing the gravity of such outrages by saying that rape is
as ancient as civilization and as one minister recently put it, a woman is
meant for all that. Well, these half-educated wits can illuminate themselves
if only they would bother to go through the wisdom and the matured outlook of
our ancients. The way laws are pushed about making them applicable to some and
to victimize others, one wonders if we are not hurtling back to non-civilization.
How relevant Banerji's book is to the present
is clear from the following: ‘If punishment is inflicted after proper consideration,
the people become satisfied. Otherwise the people are agitated, as a result,
the kingdom perishes ... anarchy ensues, the strong oppress the weak ....’
Punishments have a purpose. It is not only to
restrain the offender but also to create a sense of social security among the
people. That a murderer or a rapist has been given severe punishment restrains
others from committing such offences. Forcible sexual union was the gravest
offence. As the administration itself depended on the caste-structure, caste
considerations often diluted the stringency of punishments prescribed. But
sentences like cutting off the genital organ and testicles and being taken on the
back of an ass were deterrent ... Table of Contents >> |