The Relationship Between a Nation’s Constitution, Laws, and Human Psychology
Relationship of Constitution & Psychology
- A country's constitution and laws are its foundation. They reflect the country's culture, civilization, traditions, beliefs, customs, geographical location, and current situation, and are directly or indirectly impacted by the people's ideology and psychology. Unfortunately, the constitution is not designed to address core human psychological myths, which is why it always faces challenges.
- One concept in human psychology suggests that when a child is born, their brain is like a blank slate. As the child grows, they learn and understand what they are taught. This information shapes their mind and determines how they react to the world around them. For example, if a young child is repeatedly shown white but told it is black, they will start to recognize it as black. If they are fed something sweet but told it is salty, they will consider sweet as salty.
- In the same way, many social ills such as apartheid, caste discrimination, high-low, and big-small are simply illusions of the human mind. These illusions are created because people are taught false information from a young age. In reality, God has made all human beings equal.
- The framing of a country's constitution and laws depends on several factors, including its culture, civilization, traditions, beliefs, customs, geographical location, and current situation. It is also essential to consider the country's ideology and mindsets.
- The constitution and laws of any country should be based on humanity, national interest, and public interest. It is also necessary to amend the constitution and laws periodically to reflect the changing thinking, mindset, and circumstances of the people.
- The principles of psychology should be incorporated into a country's constitution and laws. The framers of the Constitution and laws may not have considered this factor, which has led to many errors in them. These errors may be due to a lack of understanding of psychology.
- As a result, there are many shortcomings in the Indian constitution and laws that need to be addressed. Otherwise, these shortcomings will continue to hinder national and public interest.
Ground Reality of the Indian Constitution in Terms of Secularism & Impartiality vs Psychology
- Secularism
- According to the Indian constitution, India is officially recognized as a secular state. However, simultaneously, the same constitution also stipulates that special reservations should be provided to the Scheduled Castes/Tribes and Backward Classes to uplift them and ensure their equitable participation in society.
- This provision raises the question: If all religions and castes are considered equal, is it justifiable to label a particular caste as backward or disadvantaged?
- This dilemma underscores the significance of understanding psychological principles. When a constitution declares a country as secular while implementing caste-based reservation policies, it inadvertently reinforces the idea that such reservations apply to individuals of specific caste, religion, and region. Consequently, it ingrains in the minds of the populace the notion that not all individuals are treated equally, perpetuating casteism.
- Once the perception takes root that the Constitution itself discriminates, it becomes challenging to eliminate discrimination from the common man's perspective.
- Likewise, within the constitution, various religions and communities have been granted special status through the categorization of minorities. The consequences of this can be observed in the current nationwide scenario.
- Impartiality
- Similarly, the modifications made to the Indian Penal Code, 1860, post-Independence concerning women's rights, along with all the legislation designed to protect women, such as the Dowry Prohibition Act of 1961, the Protection of Women from Domestic Violence Act of 2005, laws addressing the exploitation of women, and upcoming proposals like laws about Marital Rape, all contribute to erecting a barrier of discrimination between men and women. This barrier appears insurmountable.
- Presently, the state of affairs in India is far from ideal because the constitution and laws of the nation have infused a toxic element of discrimination among its people. This has not only driven people apart but also fueled mutual degradation and humiliation.
- There is a need for a concerted effort to amend these laws and incorporate individual and social psychology into the framework of the Indian Constitution and legal system to foster improvement and equality.
Understanding Criminal Psychology vs Law and Crime
- Human psychology, including its branches such as individual psychology, community psychology, social psychology, mob psychology, and criminal psychology, is a crucial pillar in the formulation of any legal framework. However, the stark reality is that the lawmakers in this country seem to lack the proper inclusion and assessment of theories in human psychology, its branches, criminal psychology, and jurisprudence before enacting or amending laws.
- Crimes are typically categorized into two distinct mental states: intentional and unintentional. These two categories carry distinct punishment provisions, with intentional offenses warranting more severe penalties compared to unintentional ones. The rationale behind this distinction lies in the societal perception that deliberate acts of crime are unforgivable and more grievous. While this aspect acknowledges the role of psychology in law, there remains a noticeable absence of criminal psychology in the lawmaking and legislative amendment process beyond this point.
- The fundamental principle of Criminal Psychology underscores that criminals typically commit crimes with the assumption that they will not be apprehended, carefully planning their actions to avoid detection. Similarly, once a deliberate crime has been committed, the offender often employs strategies to evade capture. In both scenarios, the criminal's overarching goal is to remain undetected, driven by the belief that they can outwit the authorities.
- Given this context, lawmakers must recognize that merely imposing harsher punishments in legislation does not necessarily reduce crime rates. Rushing to enact laws like POCSO (Protection of Children from Sexual Offences Act) without due consideration may inadvertently provide individuals with criminal intentions with a dangerous tool.
- One significant flaw in such laws is the absence of provisions for conducting psychological assessments of the accused, even though psychological evaluation and treatment are essential for addressing heinous crimes.
- The amendments made to sections related to rape and molestation following the Nirbhaya incident appear to be contributing to an increase in false and fabricated cases across the country, similar to the misuse of Section 498A of the Indian Penal Code.
- In light of these circumstances, lawmakers should earnestly consider whether it is necessary to repeal outdated laws or introduce essential amendments, while taking into account principles of criminal psychology to adapt to the country's evolving landscape.
Conclusion
A country's constitution and laws are its foundation. They play a vital role in shaping the country's future. It is essential to ensure that the constitution and laws are based on sound principles and that they are amended periodically to reflect the changing needs of the people. India's law-and-order system is the backbone of its democracy. By transforming this system, India can create a more just and equitable society for its citizens. For legal assistance, contact us.
