Issue No 10, Sept 23-29, 2002 | ISSN:1684-2075 | satribune.com


Opinion

 

Not every culprit can be accused of immorality or condemned as a sinner

Our Elite are No Morons

Riffat Jahan

"Repentance with Allah is only for those who do evil in ignorance, then turn (to Allah) soon, so these it is to whom Allah turns (mercifully), and Allah is ever Knowing, Wise."
Surah An-Nisa (004.017), The Holy Quran

ONE OF the fundamental legal norms that have evolved in most of the (non-Muslim) Western world is: A person cannot be tried or adjudged to punishment while such person is mentally incompetent. Furthermore, a defendant is deemed mentally incompetent if, as a result of mental disorder or developmental disability, the defendant s unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of defence in a rational manner.

As a result, it is a normal judicial procedure in many developed countries that before convicting someone, the courts let the accused examined by forensic psychiatrists, whenever they discern grounds to do so. The logic behind this (in)sanity evaluation is to determine whether or not the person in question was capable enough of visualising the obvious consequences of his/her deeds.

Thus, those, who are/were mentally or emotionally unable to foresee the inevitable results of their actions, to appreciate the nature and wrongfulness of their acts, are not held accountable without taking their disability into account. Instead of plain imprisonment they are provided with medical-care, treatment and psychotherapy (usually at special correctional centres).

This is because merely incarcerating morons for a certain period of time serves no purpose. The state-sanctioned punishment and public prosecuting/punitive mechanisms should primarily aim at reforming and rehabilitating felons, not (only) avenging. Criminal justice system should be there to reprimand those who intentionally lapse or deliberately exceed legal limits, not for locking up mentally retarded people. By any measure, assisting culprits to improve/recover yields far larger dividends for the society than by plainly jailing them.

It implies, not every culprit can automatically be accused of immorality and/or condemned as a willful sinner. There are extenuating factors for a wrongdoing if the perpetrator is plausibly inept to distinguish between wrong and right, if it was beyond his/her intellectual capacity to grasp that he/she was committing an offence, and/or the (better) alternatives were clearly out of the question.

Hence, it is fathomable (and to some extent forgivable), if a poor illiterate man from a remote village falls short of fulfilling his social/legal duties. Very possible, that failure is not due to any moral shortfall or malicious intentions but simply because of his incapability to identify his obligations.

In the same way, it is comprehensible if while residing in Pakistan, one doesn’t reflect over the agony of a worker who cannot even manage two decent meals a day for his kith and kin despite toiling in scorching heat for 10-12 long hours. Conceivable, if for a lower middle class Pakistani, child labour is not an issue and/or if the future (or rather the lack of it) of innumerable “chotas” found everywhere in our society is not considered a problem by those who are themselves just slightly better off.

Explicable if not justifiable, that the plight of “maasis” working in our homes, daughters of Islam either metaphorically “wedded to the Quran” or not getting married because of dowry, newly born kids dying like flies of easily curable diseases, don’t qualify to be the foremost concerns of a common man who himself is preoccupied with his own survival. Human rights issues, one comfortably presumes, must be a Zionist conspiracy to undermine our national sovereignty (if we ever had any).

Well, not very difficult to appreciate all this as the lack of education and the paucity of exposure to outside world, leave the overwhelming majority of countrymen with nothing to compare with. Hence, many despicable practices have almost become norms and so much part of the routine that they are not even noticed anymore.

At the same time, quite justly, mitigating circumstances don’t exist if the defendant is a fully sane, well-educated and wealthy person, who is expected to behave more responsibly than an illiterate or needy individual.

Anyhow, leaving theology and legalities aside, a question arises: What defence, compatriots living in Western countries and the self-styled upper class in Pakistan have for their wanton code of conduct. Or, please, allow me to generalize it bit further, how can we (of course including myself), a comparatively affluent section of the society, justify our legal and moral transgressions? What alibis do we have on our disposal? To be honest, we have none. We neither have the luxury/excuse of “not knowing” nor can we take refuge under “poverty”. We can’t blame our indifference on not having enough information either.

Similarly, almost all of our power holders, both civilians and martial -- handsomely rewarded, highly privileged -- have been to the West. In addition to every source of information on their disposal at home, the vast majority of these VIPs also have first hand empirical knowledge of the social/administrative equality in the industrialized nations. A minor illustration: They have no choice but to queue behind all sorts of ordinary mortals at Western airports and
pass through (on occasion not-so-benign) grilling of immigration staff, like anyone else.

Although above the law within our unfortunate country, they are very well aware of their powerlessness when they tread outside Pakistan. For instance, would they ever dare to bully a “petty” police constable in New York? Would they ever try to misbehave with an attendant at a French departmental store?

They have knowledge that an emergency call to rescue services has same priority regardless it comes from a clerk’s home or from the prime minister residence -- only gravity of the problem matters. They must have heard (if not seen), ministers taking public transport to office.

A terrible fact is that despite all this, still most of them have assiduously failed to learn or bring back anything positive from there. Really mind-boggling that having watched all this, how can they sleep at night amid dreadful miseries and heartrending injustices in Pakistan, without doing anything about it?

After having experienced the bounties of free societies, one must be incredibly insensitive to pretend blind and mute. To maltreat a poor or consider someone inferior after witnessing human dignity in civilised countries really requires an extraordinary lack of remorse. That’s why, apathy of this group is not only indefensible by any standard, it is akin to gravest depravity.

Rightly said, ignorance is sometimes a bliss. Awareness and unprejudiced knowledge can lead to exasperation and restlessness. By traveling around and beholding social justice in other societies, one can get the perspective, which he/she lacked earlier. It can become almost unbearably painful to be aware of the sordid state of affairs, to watch the millions being mercilessly crushed in the “land of pure”. To be indifferent and/or remain silent after this would
definitely be tantamount to impiety.

As Arundhati Roy puts it, “The trouble is that once you see it, you can't unsee it. And once you've seen it, keeping quiet, saying nothing, becomes as political an act as speaking out."

Anyhow, this piece of writing is just a modest endeavour to highlight the proportionality between sanity, knowledge, authority and social responsibilities, to elaborate a straightforward principle that the more blessed you are the more
accountable Allah Almighty will hold you. The sole (and very humble) aim is to impart some reflections, to share few observations with worthy readers and hopefully incite some self-introspection.

To be rich or for that matter harbour aspirations to gain financial viability is neither a sin nor at all an issue here. Quest of economic and social promotion has always been an instrumental factor in human dynamism and should not be curtailed. Insatiable greed, disregard for merit, fast blurring difference between “halal” and “haram” -- the emerging features of our society -- are, nevertheless, immensely destructive for any social set-up and must be urgently checked.

By the way, is it really that hard to realize that the safety of Bilawal House is just an illusion if people are enduring grinding poverty few yards away? What does it require to figure out that to build Raiwind Palace by pilfering public money is reprehensible, regardless of court rulings? A rather simple fact that acquiring seven plots in seven cities “by the book” (through official schemes at throwaway prices) while over one-third of population is living in abject poverty is a plunder, whatever the “rules” may say.

As, only while riding (official) limousines you have guts to curse the discipline of people clinging to a wagon, not when you are there yourself. I guess a major side effect of leading comfortable lives in secluded garrisons and posh localities is that you can easily forget that the majority of the fellow citizens doesn’t have access to even clean drinking water.

What else, if not a sheer tragedy that today law-breaking garners more respect than law-abiding in Pakistan, known drug barons have become celebrities, cold-blooded doctors fleecing poor patients are honourable members of the society, tax-evaders stand for (and got elected to) the parliament. Social rejection is the most effective mode to counter corruption. When wealth amassed by iniquitous means wouldn’t result in respect or status, (illegally accumulated) riches lose its attraction, corruption renders redundant. The problem is that to own assets far beyond known sources of income has ceased to generate hostile social reaction. We must gather courage to disapprove such obnoxious practices and treat the corrupt as pariah. In jettisoning egoism, apathy and cowardly passivity, lies the key to our survival.

While keep on demanding/striving for the improvements at the macro plane, we should whole-heartedly begin with the tasks easily within our reach, at micro level. Very small steps like talking politely to subordinates, treating everyone alike – with respect, bit humility, respecting traffic rules etc can together go long way to make Pakistan a better place to live in. There is no use of waiting for some miracles to happen, let start from ourselves, this
moment onwards, from our immediate vicinity to start with, to do whatever we can, to improve the society. No problem, just a step at a time, but we must try to leap forward.

A two-pronged strategy: Struggle against injustices on one hand and concurrent self-improvement on the other is the best recipe to solve our predicaments. Given our emotionalism (a positive trait, if utilized constructively), vast pool of human resources, grand cultural and family ideals, enormous natural treasures Pakistan offers tremendous opportunities and has every potential to become a state to reckon with, provided we wake up to the realities and our
individual/collective duties.

"Yet surely your Lord, with respect to those who do an evil in ignorance, then turn after that and make amends, most surely your Lord after that is Forgiving, Merciful." Surah An-Nahl (016.119)

The writer holds a Masters degree in history and is currently residing in Sweden. She occasionally comments on current affairs.

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