Wednesday, October 21, 2009

The Dharma of Encounters

A Television English News Channel, recently presented an interesting debate over the ethics of Encounters or extra judicial killing. During this lively and often acrimonious discussion, the moralists (NGOs) and their protagonists (representatives of law and order) were unable to come to any agreement.

When a terrorist murders unarmed civilians, women, children and even an unborn child in the womb, holds hostages and an entire city to ransom, even as he attempts to torch a Heritage landmark, is he entitled to due process of law and a prolonged trial or does he merely deserve a bullet to the head? When a Naxalite kidnaps, tortures and beheads a senior police officer, is he free to take shelter of a lawyer to protect himself against the wrath of the entire law enforcement machinery in the State?

Should we confront Terrorists, Naxalites, Gangsters and similar brethren, with law in courts of protracted justice, or should we deal with them on the streets - with bullets of instant justice ? These questions are not new. Gurcharan Das in his book “The Difficulty Of Being Good – on The Subtle Art of Dharma” discusses the quandary that Yuddhistra faced many millennia ago: Should the Pandava Prince do his duty as a warrior or as a human being?

“Debate is useless”, says the Mahabharata, “there are many scriptural authorities (or law books) that contradict one another, as do the Brahmins (lawyers). The essence of Dharma remains a great secret. We need to learn (Dharma) from the conduct of Great Ones”. From the Ramayana and the Mahabharata, and looking at the behaviour of Lord Rama and Krishna, we might get some insight: Are Encounters or extra judicial killings within the boundaries of Dharma?

In the Kishkindhakand of the Ramayana, Lord Rama hides behind a tree and shoots an arrow that kill the Monkey King Vali as he battles his brother (Rama’s devotee) Sugriva. While dying, Vali accuses the Lord of transgressing Dharma by indulging in murder through concealment rather than by direct confrontation in battle. Lord Rama declares that Vali has himself indulged in Adharma by appropriating his brother’s wife. Further, Kshatriya Dharma is valid only in battle against another Kshatriya. A sub human or wild animal has no right to appeal or demand that the laws of Dharma protect him.

In the Mahabharata, when a helpless Karna, without any weapons, is facing an encounter type of death from Arjuna, he takes shelter of Dharma as protection. Lord Krishna asks Karna if he upheld Dharma - when Draupadi was being stripped, when Shakuni played a rigged game of dice with Yuddhistra, when Arjuna’s young son, Abhimanyu was encircled in the Chakravyhu and mercilessly slain. As Karna hangs his head in shame, the Lord instructs a hesitant Arjuna to shoot his arrows to behead and kill the defenceless warrior.

Dharma protects those who uphold Dharma. Those who violate Dharma and behave like sub humans and wild animals are not entitled to the protection of Dharma. Indubitably, Amnesty International and other NGOs have their place in protecting the innocent from becoming collateral damage in this unholy pyrrhic warfare. But is it their Dharma to equally protect Terrorists?

Equality is a spiritual concept, for all of us are truly spiritually equal. But we need to be careful in porting this equality onto the material plane of dispensing justice. If one desires to follow in the footsteps of the Great Ones, it could be arguably stated that Encounters might have some place, in the big picture of maintaining law and order.

In his book: Beyond Good and Evil, Prelude to a Philosophy of the Future, Nietzsche said “When you look into an abyss, the abyss also looks into you”. If you look into evil long enough, even as you confront it - evil becomes a part of you.

In modern times, there are no Great Ones, to unravel through example, the mystery of Dharma. Hence those who risk taking the law in their own hands must be prepared to face the Karmic consequences, and like Yuddhistra at the conclusion of the Mahabharata, be ready to enter into Hell.

Dr. Shantanu Nagarkatti

A version of this - published in the Times of India, Speaking Tree Section on October 22nd 2009

2 comments:

  1. While the article appears provocative and even radical, you might consider that I was involved in performing surgery on the victims of the 26/11 terrrist attack in Mumbai at the JJ Group of Hospitals.

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  2. You are right to a certain extent. While the terrorist is spraying bullets u do not try to negotiate or reason with him, but you become sub human if after capturing him u fail to reason with him and try and reform him. By meting out instant justice you are creating more terrorists and lending credibility to his contention that he is living in an unjust world.

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