In L. N. Rangarajan's English translation of the complete Arthashastra, published by Penguin Books, there is a revolutionary sentence. In Chapter VIII, Section XVI, the opening sentence reads thus:
"IMPRISONMENT IS NOT PRESCRIBED AS A PUNISHMENT ANYWHERE IN THE ARTHASHASTRA."
People were locked up only because they were under investigation for a serious offence (Judicial Custody?) or unable to pay a fine imposed on them. Such "jails" were mentioned in only one verse (4.9.22).
Examining this extraordinary provision (which is not followed anywhere in the world now) in the current scenario is very enlightening. In the present day, prisons are populated by
1. Criminals
2. Political prisoners
3. Terrorists.
In the case of criminals, who have violated the laws of society, should society, funded by law-abiding citizens, look after those (feed, clothe & provide medical treatment) who have harmed it? Especially when large sections of the populace find it difficult to obtain those essentials even if they work?
In the case of political prisoners, who have ostensibilly gone into politics to serve the country, go against it? Ex. Imran Khan, ex PM, languishing in jail, while fellow all-rounders Padma Bhushan Kapil Dev, Lord Ian Botham & Sir Richard Hadlee are leading honourable lives.
The terrorists (many of whom richly deserve capital punishment), by being imprisoned, are an open invitation to their associates to take VIPs hostage to get them released. Ex. Khandahar hijacking.
In addition, especially in India, the prisons (& the Police) are the most corrupt arms of the government, & are the breeding ground of every vice. In this context, Kautilya's avoidance of prisons as places of correction, especially in India, seems highly relevant.
