⚖ For
Danda is the ruler's duty. Murder is a very serious breach of dharma. Society must be protected. Karma means wrongdoers face the results of their actions.
Hindu Beliefs about Peace and Conflict » Hinduism and Capital Punishment
What you'll learn this session
Study time: 30 minutes
Edexcel spec: Paper 1, 3.6 (Hinduism)
- What capital punishment is and what it is meant to achieve
- Hindu teachings that can support it, and Hindu teachings that can argue against it
- Where India stands today and why Hindus disagree
- Atheist and Humanist attitudes to the death penalty
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Unlock This CourseRecap: what capital punishment is
In Capital Punishment: Arguments For and Against you met capital punishment (also called the death penalty): a sentence of death given by a court for the most serious crimes. Its purposes are the aims of punishment: protection, deterrence and retribution. It cannot aim to reform the offender, because the offender is put to death. This lesson looks at what Hindus make of it.
Teachings that can support it
In Danda, Prayaschitta and the Aims of Punishment you learned that danda (punishment, 'the rod') is the ruler's duty. Hindu law books describe a ruler who must protect the weak and punish serious wrongdoing fairly, or society falls into disorder. Some Hindus use this to argue that a ruler may use death as a last resort against the worst crimes, such as murder, when no other punishment can keep people safe.
Hindus also believe in karma, the results of actions. Some say a killer must face the results of their act, and that a fair court is one way this happens. Others add that when a killer is put to death, the court does not judge their soul. That is left to karma and rebirth.
Teachings that can argue against it
Ahimsa means not harming living beings. It is one of the most important Hindu teachings, and Mahatma Gandhi, who led India's campaign for independence, made it central to his life. Many Hindus say that taking a life, even by law, goes against ahimsa. You met the Hindu belief that every living being has an atman (soul) in Sanctity of Life and Abortion: Hindu Views. If every person has an atman, then every offender has a soul that can still change.
Another argument is rebirth. Hindus believe a person is born again. Some say that ending a life early does not end the person's karma. It may only leave them no chance in this life to put things right through prayaschitta (penance).
🕊 Against
Ahimsa teaches not to harm. Every offender has an atman. Death removes the chance of prayaschitta. Courts can make mistakes.
The Padma Purana
The spec names Padma Purana 1.31.27 in this topic. A Purana is a Hindu text of stories and teachings about the gods, the world and how to live. The Padma Purana is one of the eighteen major Puranas. Verse numbers can differ between editions and translations, so this lesson does not quote the verse or say what it states. In an exam, name the Padma Purana as a Hindu text the spec links to this topic, and build your argument on the teachings you have learned here: danda, ahimsa, the atman and karma. Never make up words for it.
Key terms:
- Purana: a Hindu text of stories and teachings about the gods, the world and how to live.
- Atheist (recap from How Did the Universe Begin? Religious and Scientific Views): a person who does not believe in a God.
- Humanist (recap from How Did the Universe Begin? Religious and Scientific Views): a person who bases their values on reason, human experience and care for others, not on religious teaching.
India today
India still has the death penalty in its law. The Supreme Court ruled in 1980 that it may only be used in the 'rarest of rare' cases, and this rule still guides the courts. Courts still pass death sentences, but executions are rare. Indian law and Hindu teaching are not the same thing, and Hindus, like other people in India, have a range of views.
Why do Hindus disagree?
- Some give most weight to danda and dharma, and so accept death for the worst crimes.
- Some give most weight to ahimsa and the atman, and so want it abolished.
- Hinduism has no single leader or church who decides. Teachers and communities read the texts in different ways.
- Many Hindus take their view from their own country's law and their own experience, as well as from their holy texts.
Atheist and Humanist attitudes
Neither atheists nor Humanists have a single rule on the death penalty, but many oppose it. They argue that it can never be undone if a court makes a mistake, that it has not been shown to put people off more than long prison sentences, and that every human life has value. Some atheists support it for the worst crimes, saying it protects society and gives justice to victims. Their reasons come from reason and human experience, not from religious teaching.
Common mistakes
- Saying all Hindus support or oppose the death penalty. Hindus disagree, so give both sides.
- Writing 'ahimsa' with no link. Say it means not harming living beings, and that it argues against taking life.
- Saying India has abolished the death penalty. It keeps it for the rarest cases.
- Inventing a quotation from the Padma Purana. Refer to the idea, not made-up words.
Exam-style question
(a) Identify three aims of punishment. [3 marks] (Paper 1, AO1)
(b) Choose one religion. Outline two teachings in this religion that affect attitudes to the death penalty. [4 marks] (Paper 1, AO1)
(c) Choose one religion. Explain why there are different attitudes to the death penalty in this religion. [6 marks] (Paper 1, AO1 and AO2)
(d) 'Capital punishment can never be right.' Evaluate this statement, showing you have considered different points of view. In your answer you should refer to at least one religion. [12 marks] (Paper 1, AO1 and AO2)
Model answer
(a) 1. Protection (1). 2. Deterrence (1). 3. Retribution (1).
(b) Hindus teach ahimsa, not harming living beings (1), so many say the state should not take a life (1). Hindus also teach danda, the ruler's duty to punish (1), so some accept death for the worst crimes to protect society (1).
(c) Hindus have different attitudes because they stress different teachings (1). Some stress danda, the ruler's duty to punish wrongdoing (1), so they accept death as a last resort for murder (1). Others stress ahimsa (1) and the atman in every person (1), so they say an offender can change and life should not be taken (1).
(d) Plan. For the statement: ahimsa; every offender has an atman; death removes the chance of prayaschitta; courts make mistakes and death cannot be undone; Humanists add that deterrence is unproven. Against: danda is the ruler's duty; murder breaks dharma; society and victims need protection; India keeps the penalty for the rarest cases; some atheists support it for the worst crimes. Possible conclusion: the ahimsa and atman arguments are strong because a mistake cannot be put right, but 'never' is a strong word and some Hindus accept it as a last resort, so it is hard to say it can never be right.
Exam tip
In the 12-mark answer, test the key word in the statement ('never') and give a Hindu teaching in each argument, with one non-religious view for contrast.