The  basic instinct

Every living being including human is selfish by nature.  This forms basis of Law of Jungle where the fittest survives.  Satisfying one’s needs- hunger, thirst, sex through force is the basic instinct in all animals including man. 

Social animal

The early man learnt that he could not survive without living in groups. The need for collective action to grow food and face wild animals gave rise to social groups. Thus tribes were formed. Later the society reached advanced stage. Today we have well knit human society consisting of nations, regions, various social groups. The legal system has been evolved to regulate the social life by curbing some of the basic instincts. According to social and legal norms, it is not permissible to grab others’ property, woman and articles.

How man differs from other animals

We often witness animals fighting together for grabbing food. The animals also fight for female of their specie. Man is basically no different. We have so many stories of theft, arson, rape, adultery. This is because there are two sets of law at work. Instinct of  resort to violence for satisfying hunger and sex is the basic animal instinct. Man also has this instinct. But the law framed for regulating human activities forbids use of violence. The various trade law regulate how we should produce and distribute for consumption. The institution of marriage is there to regulate the lust for sex as well as to provide for upkeep of children. The animals do not have to worry about their children. The animals are self dependent very soon after birth unlike humans.

Crimes arise from conflict between nature and human law

The law of nature is instinctive. This is natural urge to garb any thing attractive- be a commodity or woman or man. The animals fight for sex. Both male and female do so. They will even go to extent of killing. But the human society regulates such activities. In fact, religion and law both  strive to restrain the animal instinct. Most of the sins listed in religions pertain to sex and theft. Manusmriti of Hindus,  Ten commandments of Christians and shariat of Moslems all aim at curbing the animal instinct.

Punishment for animal instinct

The religion prescribes penance and penalty for various crimes that originate from following basic instinct. There is provision for flogging, amputation of limbs and stoning for theft and sexual offences, which arise because of basic instincts. The difficulty in eradicating crimes arises because there are two sets of law in operation. One is the law of nature which is instinct driven. The religious and criminal law is man made. Thus a conflict arises between these diverse sets of law.  It is fallacious to say that any man made law or religion is divine. In fact, if there is any thing divine, this is instinct based actions, that the society strives to curb for its orderly functioning

Religion and law failed to curb crimes

Religion aims to curb crimes by instilling fear of divine punishment and/ or reward. The reward  promised is Heaven and punishment is Hell. These punishments and rewards are too remote and hypothetical and thus cannot curb crimes. Law strives to achieve its enforcement by imprisonment and fines. Some countries have resorted to flogging. These punishments are deterrent. But many  fear is not convincing enough. The brave break law. Many consider  breach of law as .an act of bravery and not shame.

Offenders are not guilty

As the offenders go by the Law of nature, they are not guilty. It is the job of society to convince everyone that law is for general good of all and ultimately every one will gain by adherence to law.  As long as individuals  do not identify themselves with whole society or nation, they will commit crimes. Only the timid will be law abiding.

Individualism versus collectivism

We must recognize that  the basic instinct of self  interest cannot be curbed. An individual cares for himself. This is obvious. This is natural. A man also cares for his family and also for friends and relatives. This is because he has identified himself with family, friends and relatives. It is necessary that collectivism be encouraged. We need a social revolution for identification of individuals with the whole society. Presently, an individual identifies himself with his own family or caste/ group. The moment he identifies himself with the whole society, the self interest will be elevated. Law and religion strive to curb the animal instinct. The instinct is to be elevated from individual to collective. Let us ponder  why Bhagat Singh became martyr. He was no exception to instinct of self interest. He had identified himself to the country. We need to be identified with the entire nation like Bhagat Singh, Subhash Chandra Bose and Mahatma Gandhi. These heroes identified themselves with the whole nation. We need such identification. Nationalism is nothing but identification of individual with entire nation.  Neither religion nor law can curb crimes.  Only identification of individual with nation can curb crime.   .