Dr. E. M. Sudarsana Natchiappan.
Member of Parliament,
President,Parliamentarian Forum on
Human Rights for Global Development
Respected brothers and sisters,
It is a great pleasure to speak in the inaugural session of the Asian Criminology conference being held in Chennai for two days 8th and 9th December 2010. I am taking this opportunity to make certain observations which are relevant for your further discussion,research and formulation of theory and practice for the welfare of the 21st century Global village:
Criminology in Democratic Republic
Criminology research in democratic environment is the new jurisprudence in 21st. century world. Many of the countries are working on the ancient and colonial architecture of the criminal law. The research and study made on the basis of individual mind , group and then society are focused on and confined to,as they are based on the pathology of criminology of the pre democratic Republic.That environment is totally different to the present day.
That period of primitives to kingdom and subsequent colonial environment made criminal justice system as more or less a world where Rulers make the law for the citizen to obey ,failing which penalty and punishment are the verdict of the ruler .The citizen is not the person who participated in law making. The law was also objective and never be the subjective one. The object was for the society which is visualised by the ruler who will continue to rule by law of primogeniture or decided by combat. 19 th century democracy created new system of making law by debate by the representatives of people.They never thought that they will disobey the law legislated by them except when they fall out of ruling power. Their conduct were to practice what they preach otherwise the democratic ethics expose them in the alter of election for the next term of office.
In the twentieth century , democratic institutions were vibrant to look at the issues in enacting the criminal law but followed the inherited laws with certain flexibility in justice delivery system focusing on reforming the violators. The thought of human rights and fallibility of judicial system in the later part of twentieth century had led to forgo capital punishment.
21 st. century dawns on individual human rights after 50 years of universal declaration of human rights in United Nations.
When the Republic based revolutionary right of choosing the ruler by adult franchise become universal,the citizenry becomes the focal point.
The principle “King can do no wrong ” is also extended in the sovereign democratic Republics. The principle of immunity and privileges to the ruling class of people has created exclusive space for individuals or group of people. The philosophy that ‘citizens are bound by laws ‘ and more so the law of crime is defined as crime against State is having mixed results in modern society. Because the democratic process in Republics are used by the persons who want to use and sabotage the very Institutions being within. This makes individuals, groups and society to think in terms of following’ the elected Representatives- the rulers’ route to overcome the laws or break the laws, and many a time to bypass the laws using the peoples representatives- the law makers.
This trend of annulling the laws by selective personalities attract more and more people towards the politics to migrate from the territory of crime to democratic field . The availability of intellectuals turned white colour criminals in the bureaucracy is providing the migrated personalities in new job, enjoy more happiness to pursue the crime whole heartedly. The method of cyber crime is enhancing the activities of these type of people.
Now the question before us is whether we are here to think about conventional study of criminology , criminal jurisprudence , penology ,prison reform and rehabilitation – in the micro management of individuals, groups and society or use this methodology for macro level management and application of principles of criminology taking cognisance of availability of digital development as tool for the commission of crime. Moreover, we can think and discuss the modern digital technology as a tool to prevention,detection, conviction and reformation as component of modern criminology . I feel that as a law maker I have to draw your attention that the world and more so Asia is now engulfed by digital technology which is a divine talisman to eradicate poverty and ignorance; but it is also used to perpetrate crime with more vigour and disastrous consequences. It teaches the child – juvenile-adult and elderly, to go for commission of crime and escape ‘by sitting nearby’. The ‘mense rea’ no more in the mind but out sourced and cultivated by scientific inventions. From the childhood to elderly life the exposure is in such a scale that the consequences are directly proportional to that. Hence the conclusion can be drawn that in the modern world of living, in global village , the focus should be on developing global citizenry with the ‘mind of peace and coexistence’ for prevention of crime and rehabilitation of offenders.
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I I feelifeel that as a law maker I have to draw your attention that the world and more so Asia is now engulAsdigital technology which is a divine talisman to eradicate poverty and ignorance , but it conclusion can be drawn that in the modern world of living, in global village , the focus should be on developing global citizenry with the ‘mind of peace and coexistence’ for prevention of crime and rehabilitation of offenders.