The judge in a lower court ruled a person guilty of stealing a car
and sentenced him to imprisonment. That person appealed to a higher
court. While testifying before the judge there, he said, "Sir,
it is true that I stole the car. But I did not do so to serve my selfish
ends. A truck struck a full term pregnant woman in my locality. She
was in a very precarious condition. I did not even know who she was.
I thought that I should try to save the woman and the baby. I looked
around for help. I saw a car parked nearby. Immediately I took the
pregnant woman in that car to a nearby hospital. I begged the doctor
there to save her and her child. In spite of the doctors efforts,
the woman and the baby in her womb died. I became depressed. A couple
of hours had elapsed by then. I realized that I had to return the
car to its owner. While I was driving back, the police caught me and
charged me with car theft. The purpose for which I had taken the car
was not served. My intention was to save two lives that were in helpless
condition. What is wrong with that intent? It is not my fault that
the woman and her baby did not survive. It is therefore not just to
sentence me to imprisonment".
The
public prosecutor immediately stood up and said:
"Your honour! This is a very dangerous line of argument. This
thief does not deny that a mistake was committed. He is saying that
there was a reason behind the mistake. Well, every thief can assign
one reason or the other for his mistake. If I do not steal,
my wife and children will starve, If I do not steal, I
may die of starvation so on and so forth. If all such reasons
are accepted, then there can be no punishment for any crime in the
society. Anyone in the society can rob anyone else and get away with
it. No society that considers itself civilized will accept this. Therefore,
I urge this court to punish the accused suitably."
On
hearing this, the defense lawyer sprang to his feet and said, "Sir,
it is surprising to note that in spite of being an educated attorney,
my friend is talking heartlessly. Every nation in the world has seen
men who have sacrificed for a just and humane cause. In fact, it is
on account of such selfless people that advances in culture, art,
science, technology and various fields has become possible. What is
true sacrifice? Is it caring for ones kith and kin? Or is it
earning ones livelihood? No. Striving for the welfare of the
fellow beings and the society even at the cost of personal happiness
and comfort is true sacrifice. On the other hand, the tendency of
whiling away time lazily and deceiving others to earn ones living
should be termed as stealing. It appears as though my
friend, the public prosecutor is using these two terms as if they
were synonyms. Sacrificing to that absolute extent may not be possible
in todays world. But, if someone has developed that tendency
to some extent, is it proper to consider him a thief? Is it good for
the society? No. In the present context, this man took someone elses
car. This subjected the owner of the car to some tension and anxiety.
But it should be remembered that the accused did not take the car
for his own pleasure or benefit. All he wanted to do was to save the
pregnant woman whom he didnt even know. That he was not successful
is a different aspect. What is important is the intent behind his
act. The intent was helping others in times of distress.
In this context, the intention was to save someones life. Nothing
is as precious as life. Not even law. If we call this act of trying
to save someones life as robbery and label that person as a
thief, we are indirectly saying that sacrificing nature has no place
in our society. Therefore, keeping in mind the interests of the civilized
society, I urge this court not to consider the act as theft."
The
public prosecutor stood up again and said:
"Your honour! My friends eulogizing of sacrificing nature
of man is acceptable to me to a great extent. No civilized person
will deny the importance of helping nature. Nor will anyone talk lowly
about such acts. But, if someone says that a crime is not punishable
because the intent behind it was helping others, it can
not be accepted. If it is argued that it is acceptable, in the name
of helping others, murdering, robbery, cheating and practically any
crime can be committed without fear of law. I only wish that in his
unbridled enthusiasm of upholding the virtue of sacrificing nature,
my friend, the defense lawyer does not get carried away. My dear friend
gave an impression that it is impossible to develop sacrificing tendency
without committing a mistake. May I draw his attention to the fact
that none of the great men who are praised and remembered for their
sacrificing nature indulged in criminal acts. In the present case,
it is true that the accused wanted to help someone. But that he stole
someone elses car to help another person can not be defended
as an act of sacrifice."
The
judge adjourned the case to a later date and began to think about
the merits and demerits of the argument and the counter-argument.
Let
us put ourselves in the judges position. What would we have
done?
Everyone
agrees that stealing is a crime and that it deserves punishment. Why
is stealing a crime? Because it pains others you
may tempted to say. Consider this. A doctor gives an injection to
his patient. The patient experiences pain. Now, should the act of
the doctor be considered a crime? No one says that a doctor is at
fault. Why? Because his intent was good. If intent alone is the criterion,
why then is the accused in this present case be ruled guilty?
When a doctor pricks his patient, it does not cause ill health. In
this case, the accused stole someones car to help another person.
How can one draw parallel between him and the doctor?
As far as the intent is considered (that of helping others), both
are equal. However, in the case of a doctor, there is no doubt if
he is at fault or not. On the other hand, in the case of this accused
person, there is room for doubt. Why? It is because, he caused pain
to one person to help another person.
Why
then are we hesitant to label him guilty straightaway?
It is because we feel that the magnitude of his intention (of helping
the pregnant woman) is far more than the temporary hurt he caused
to the owner of the car. Although the accused did not succeed in his
attempt, we still laud his efforts. Therefore, we are unable to convict
him straightaway.
In
other words, we are defining for ourselves, the boundaries of crime
and helping nature. The child in the neighborhood is crying loudly
because it wants an ice cream. To make it stop crying if a person
takes someones car parked nearby without the knowledge of its
owner, we do not call it helping nature. On the other hand, if the
same person takes the car to save someone elses life, we feel
like appreciating it.
How
can we say if an act is a crime or not? How can we know their limits?
It is not easy. We approach the court of law because we are unable
to decide. Agreed. Judges are intelligent people. A law court is a
place where justice resides. Why then is so much of argument and counter
argument needed to decide a case? However much brilliant a person
might be, when it comes to define the boundaries, the only guiding
factor is the decisions given by the elders who are intelligent,
experienced and unbiased.
When
we see that the word elders has been qualified by so many
adjectives, we can realize how tough the problem is. In the present
case, there is not one, but many problems. Deciding what constitutes
helping nature and what does not is one. What is the greatness of
favour and what is the gravity of crime? Deciding this is another
problem. To understand the genuineness of intent is another problem.
There are many other difficulties.
There is another important quandary. In this world, favour takes many
forms. Some people develop liking to some forms while others may consider
other forms as noble. Inclination depends on liking. Sometimes the
liking takes the form of emotional and vociferous expression. Inclination
is not harmful. But it should not take a radical form. If the inclination
takes a radical form, the person tends to become an extremist. In
such circumstances, even the wise elders find it difficult to draw
a line between favour and crime.
When
confronted by such a situation, what do the wise do? They look back
and see what the elders did in similar situations. The
following Sookti is intended to help those who are looking for an
answer.
Ye
dharma mohaat vidhritogra vaadaah
Choraadivat te tu na garhaneeyaah
Dharmaika deshe ratirasti teshaam
Te sneha saadhyaah pavanaamayaabhaah
Those
who follow extremist path thinking that they are upholding a just
cause should not be viewed just as a thief (who justifies his action).
It should be borne in mind that such persons still have in them reverence
for a part of Dharma. They can be mended by Sneha (friendliness),
just as Vata type of disorders can be remedied by using Sneha (unctuous
substances). (According to Ayurveda, using unctuous substances is
the remedy for disorders caused by Vata).
This
Sookti seems to be discussing about Dharma. Our earlier discussion
revolved around helping others. What is the relation between the two?
According to Dharma Shastra, helping others itself is considered as
Punya (merit). Observe this popular verse given by sage Vyasa:
Shlokaardhena
pravakshyaami yaduktam grantha kotibhih
Paropakaarah punyaaya paapaaya parapeedanam
"Let
me put in a nutshell what is described in millions of scriptures.
To help others itself is a meritorious act. To harm others itself
is sin."
Therefore, what we have discussed till now is about merit and sin.
It is a discussion related to Dharma.
We
now have to see as to how this Sookti helps us in out present discussion.
It was told that acts of favour could have innumerable forms. In the
Mahabharata, in the episode of Dharmavyadha, it has been mentioned
by Sage Vyasa that Dharma has various paths and that it is very subtle.
In our earlier discussion, it was mentioned that among the innumerable
forms that favour takes, some people have special inclinations
towards some forms and that thy tend to attach greater importance
to them. In the third line of the above Sookti, it has been said Dharmaika
deshe ratirasti teshaam they have reverence for
a part of Dharma. What is wrong if they have? The answer to this question
could not be found in our discussion.
The
above Sookti answers this question. It says Ye dharma mohaat
vidhritogra vaadaah they have taken recourse to extremism because
of they feel that what they practice alone is Dharma and, as a consequence,
they commit acts of Adharma.
It
has been mentioned in Mahabharata that Dharma has various paths. What
is the intention behind saying so? There are two purposes. A person
treading a particular path should not degrade other paths. This is
one purpose. A person following a particular path should not think
this alone is the true form of Dharma. This is the second
purpose.
Our
society is very diverse and complicated. When there are innumerable
paths of Dharma, one can not follow Dharma to its core unless one
understands it in its entirety. No one can understand all existing
paths of Dharma completely. Nor can one practice all of them. Still,
one should try to know the comprehensiveness of Dharma. If one succeeds
in this, one will appreciate the utility of other paths and will naturally
develop respect towards them. One will also be able to understand
the limitations of each path. A person who has reached this level
will not vehemently confine to a single path and claim that the path
that he follows alone is the perfect path. Such vehemence is the indicator
of extremist behaviour.
Everyone
will have his own preferences and inclinations and obsessions. Who
are we to object? some may argue. This is not correct. Such
argument is bad for the entire society. If one develops mad obsession
about one particular Dharma, that obsession will prevent one from
appreciating the good aspects of another Dharma. It will also prevent
the person from appreciating the comprehensive form of Dharma. Not
being able to appreciate the comprehensive form of Dharma will push
him down to such a level that he remains ignorant of the blunders
taking place in the path that he is following. Such a situation has
been described as Dharma Moha in the above Sookti. It
means, observing Adharma, thinking it to be Dharma. This paves way
to extremism says the first line of the Sookti.
Adharma
is bad. Whether it is observed intentionally or unintentionally, it
deserves punishment argue some people. The Sookti does not subscribe
to this view. It says that those who have succumbed to Dharma Moha
should not be meted out the same treatment as is meted out to other
types of offenders. It says Choraadivat te tu na garhaneeyaah
they should not be punished in the same way a thief is punished.
Thieves,
murderers, cheats all commit mistakes. Those who are under
the influence of Dharma Moha also commit mistakes. Still, the Sookti
opines that the first category of people deserve punishment while
the second category of people do not. Why this discrimination?
There is a big difference between the two groups says the Sookti.
Thieves, murderers etc., do not have even an iota of Dharma in their
hearts. They are aware that what they are doing is Adharma. Still
they continue to do it. Therefore, they deserve punishment.
Extremists
on the other hand do not have the intention of doing acts of Adharma.
In fact, it is their intention to engage in Dharmic acts. When their
intentions translate to acts, they cease to remain Dharmic. The fault
that has crept in between their intent and action is Dharmaika
deshe rati excessive inclination towards a part of Dharma.
In fact, it is their virtue too. In other words, it is both their
weakness and strength. Because of this peculiar situation, they can
not be viewed as criminals and punished.
What
else should one do? Should such people be honoured for their deeds?
If they are neither punished nor rewarded and left alone, it will
also amount to encouragement. This means that we are indirectly encouraging
extremist view.
Even
the judge had to ponder when he faced such a dilemma while hearing
the case of the person who was charged with car theft. It is a tricky
situation and even the best brains tend to remain indecisive in such
circumstances. The police say that extremists should be punished.
Social reform organizations maintain that they should not be punished.
Even those who argue that they should not be punished do not subscribe
to extremism. Those who prescribe punishment also do not see punishment
as a permanent remedy. What is to be done? The fourth line of the
Sookti has cleverly spelled out the remedy. It says te
sneha saadhyaah pavanaamayaabhaah they should be treated
just like one treats Vata disorders by making use of Sneha.
(the word Sneha in Sanskrit has many meanings. One meaning is friendship.
Unctuous substance is another meaning)
According
to Ayurveda, disorders caused by vitiated Vata should be treated with
Sneha (unctuous substances like sesame oil medicated with various
herbs). Similarly, extremists should be treated with Sneha (friendship).
By the infusion of friendship in them, one can bring down their extremist
and volatile behaviour. This alone is the permanent solution to this
problem.
This Sookti appears to address the dilemma faced by those in charge
of providing justice. Of what use is it to us Sadhakas?
No
one drops from heaven with a label stating that they are judges, seekers,
officers etc. They are from our own society. Some of them may even
be from our own family. If we observe keenly, we will realize that
we assume such roles ourselves in different situations of life.
When the children in the family do not listen to the elders, we should
determine if they have become bad children or if they have become
obsessed with something. When they reach adolescence, they tend to
have funny assumptions and even act accordingly. In such circumstances,
we may have to take the role of the police. We may also have to act
as social reformers. This is one aspect.
Even
within ourselves, some times our ideals pull us to one side and our
desires pull us in the opposite direction. In such times of mental
turmoil, our mind will commit mistakes knowingly. In such circumstances,
we have to assume the role of judges ourselves. Even after arriving
at the right decision, if the mind does not come under full control
on account of past tendencies, we have to assume the role of the police
too. When the desires remain unfulfilled and the ideals become unreachable,
we have to assume the role of social reformers. This is the second
aspect.
Thus, there is extremism in each one of us. It is there in the society.
It is there in the family. It is there in the mind. The reasons may
be different. The forms may be different. But the problem is one.
The remedy is also one.
If
a stubborn son has some valid point, it is wrong to punish him. His
stubbornness should be softened by soothing instructions. If the stubborn
mind is aspiring for Dharma, but is on the wrong path, it should be
brought to the right path by using love and tact and not by inflexible
means. Even here, soothing instructions of the guru act as the panacea.
Thus,
it is clear that in the social level, in the family level and in the
mental level, friendliness alone is the remedy for extremism. This
is the message of the Sookti.
May
the message of the Sookti reach your hearts. May you discover the
innumerable ways of utilizing the path of love and affection in tiding
over dilemmas in the family, society and most importantly, the mind.
Jaya
Guru Datta.
Sri
Swamiji