FORENSIC SCIENCE AND CRIME

1. RELEVANCE OF JAIN TENETS IN CURBING CRIME ByDR. VINOD JAIN Asstt. Director, State Police Forensic Science Laboratory, Rajasthan, Police Academy, Jaipur

2. FORENSIC SCIENCE AND CRIME • Forensic Laboratories handle all sorts of criminal cases to establish the crime, its perpetrator/s by sophisticated scientific technologies. • Forensic evidence is considered most authentic evidence in the courts of law. • It facilitates for the courts to judge intentions, planning, methods and execution of crime. • The degree of punishment depends on the nature of intentions which are sudden and emotional or preplanned and determined.

3. GENESIS OF CRIME • While analyzing the criminal cases it is observed that the basic cause of crime is the intensity of emotions of the criminal. • In Jainism there is very elaborate description of emotions, there intensities, causes and transmission in action. • Emotions are grouped in four main categories – 1. Pertaining to Anger (Krodh in Jain lexicon) 2. Pertaining to Vanity (Maan in Jain lexicon) 3. Pertaining to Hypocrisy (Maya in Jain lexicon) 4. Pertaining to Greed (Lobh in Jain lexicon)

4. DEGREES OF INTENSITIES OF EMOTIONS • Most intense that remains for long. Such emotions are like a line carved on a hard surface of a stone and are not easily erased or subdued (Anantanubandhi in Jain lexicon). • Less intense then the no. 1 as a line drawn on slate by chalk or on a paper by pencil. These can be erased or subdued with some effort (Apratyakhyan in Jain lexicon). • These are less in intensity then no. 2 and are like lines drawn on sand and easily wiped out by slightest blowing of wind (Pratyakhyan in Jain lexicon). • These are very mild and instantly vanish like a line drawn on water in pot, tank or river (Sanjavalan in Jain lexicon).

5. GENESIS OF EMOTIONS • The emotions are because of inherent weaknesses in Jiva- the mundane souls. It is attachment (Raga) and aversion (Dwesha) that trigger emotions and indulgence in sensual pleasures of five senses- 1. Touch (Sparsh) 2. Taste (Rasa) 3. Smell (Gandha) 4. Sight (Varna) and 5. Hearing (Karna) . There is attachment to pleasant ones and aversion to those which are unpleasant. A touch to soft object is pleasant and rough it is painful eg. needle, nail or weapon is unpleasant. Sex is the sensation of sense of touch. . A pleasant eye catching object of beauty, good dances are pleasant. The painful and frightful scenes are unpleasant for sense of sight. Similarly good and bad scents are pleasant and unpleasant. Like wise tasteful things for sense of taste are good and harsh sounds or words of people are unpleasant.

6. BROAD CATEGORIES OF CRIME • Under the impulse of emotions mundane souls (Jiva) commit various crimes or sins which can be grouped broadly in five categories :- • Violence • Un truth or falsehood • Stealing • Consumerism • Sex

7. CAUSE AND EFFECTS (Principle of Karma in Jainism) • The emotions are generated and manifested in accordance with scientific principle of cause and effect. • In Jainism it is described extensively and comprehensively under the principle of Karma. • Good Karma (Subha) or deeds generate and manifest good emotions and resultant deeds and bad Karma (Asubha) bad ones. • Both generation and manifestation of emotion are influenced by ambient environment and may be mitigated or enhanced by good or adverse environment. • In Jain Lexicon inherent karmik load and vibration of soul and there interaction is termed “Upadan” and modeling and influencing its manifestation the ambient environment is termed as “Nimitta”. Both “Upadan” and “Nimitta” are integrated and mutually reinforcing.

8. The following diagram explains this relationship

9. IDEAL REMEDY: RATIONAL ATTITUDE, KNOWLEDGE AND CONDUCT • This cycle of interactions and manifestation, the inputs and outputs continues unless broken and stopped by ardent efforts, path of action and code of conduct prescribed and advised by Jainism. • The prescribed path is that of three jewels (Ratnatraya) as mentioned in first stanza of the canonical scripture “Tatvarthasutra” accepted by all sects and subsects of Jains. “SAMAYAKA DARSHAN GYAN CHARITRANI MOKSHA MARGHA “

10. Rational attitude, rational knowledge and rational conduct simultaneously is path of salvation, freedom from all sorrows, the ultimate. It is important to note that there is deliberate grammatical mistake in the above stanza. Grammatically for three attitudes, knowledge and conduct the plurals it should be “MARGAHA” and not “MARGHA”. The mistake is deliberate to imply that the three are to be imbibed not one by one sequentially but all three simultaneously. • The prefix “SAMAYAKA” (Rationality) is key word in Jainism and prerequisite for following all vows, doctrines and rules of conduct. Rational is that which is most appropriate in a given situations of space-time-matrix (Dravya, Kshetra, Kaal, Bhava) and in accordance with the basic tenets of Jainism. It is opposite of “MITHYATAVA” i.e. irrational. Rationality excludes all types of superstitions, miracles, begging from deities, rituals, ostentatious show of money and vanity. It ordains sincere efforts personally which alone can solve problems and nothing else. No mantra, tantra, rituals or deity. It is “Upadan” that matter and “Nimitta” is just an adjunct.

11. DOCTRINES • The vast and elaborate Jain literature is extension of this stanza. The Jain icons ‘Arhats’ have given detailed prescriptions for cure of all types of crimes, pains and sorrows. • The doctrines and devices are so meticulously formulated and so minutely devised that no possibility is left out for any transgression or failure. • These can be summarized in important main fundamental doctrines. The doctrines address the root cause of the malady, the crimes or wrong doings-

12. Doctrine of non-violence – Non violence has wide connotations. Killing is the highest and worst form of violence. It enjoins that no harm or injury of any sort should we inflected on any one. Overburdening the dependents, assistants, even animals is also violence. Harsh words which hurt are also violence. Even bad thoughts are violence. Doctrine of Truth :- If any one imbibes the doctrine of truth he will not commit any crime and anything wrong. He will be truthfully abide by the law of land. Doctrine of non-stealing :- Stealing is taking away possessions of a person without his consent by force, cheating or any other fraudulent means. This doctrine forbids stealing in any form, even tax evasion is stealing. Doctrine or non consumerism:- This doctrine emphasizes that need should be minimum. It is growing ostentatious consumerism i.e. cause of many crimes.

13. Doctrine of celibacy :- There is very high percentage of crime related to sex. This doctrine prohibits sex outside legal matrimony. Even listening titillating songs, stories, arousing scenes, dances and organs of females is prohibited. Sodomy is strongly condemned. • Doctrine of Abstinence :- This doctrine ordains abstinence from improper and undue indulgence in sensual pleasures of five senses of touch, taste, smell, sight and hearing. It is indulgence in these that prompts several types of crime. • Doctrine of Anekant:- This doctrine is unique in Jainism. It is non absolutism. It enjoins respect for views of others by not insisting that once own views are only correct. This doctrine if imbibed and followed, there will be no conflicts between individuals families, groups, societies, religions and nations.

14. RATIONAL NEED OF THE HOUR • We should work to bring all forces of good together. • Do not care under what banner we march. • Do not care what is our color- green, blue or red- but mix all the colors and produce the intense glow of white, the color of love. • We JAINS must come together to cleanse the blind irrational minds of criminals for removing the emotions of ill will, hardness, destruction, racial pride, quarrelsome attitude, temper and revengefulness by propagating Jain tenets in thoughts, words and deeds. Ours is to work for curbing crime by utilizing nonviolent tools of Jainism for peaceful coexistence in international perspective.

15. CONCLUSION • Jainism enjoins these doctrines which should be followed in letter and spirit. Forbidden acts should not be committed in thought, speech and action. Not only that one is not committing wrongs himself. He should not entice or force or advise others to commit wrongs. He should not even acquiesce wrong being committed by others. This prescription will certainly make the world free of all sorts of crimes.