welcome Speech of

Hon’ble Mr. Justice M. R. Calla

Judge, High Court of Gujarat, India

 

Hon’ble chair person Justice T. S. Mishra, my brother Justice Venkatanarayan and all the legal fraternity from the country and abroad, teachers of this institution and students.

It was way back in 1870 that Jeremy Bentham conceived the laws of nations. The concept conceived by Jeremy Bentham took the form of international law. With the development of laws and experience it was revealed that International law by itself becomes a weak law and the controversy arose weather international law is a law at all. Therefore jurists made a reformatory suggestion that international laws should be codified. The International Court of Justice must have jurisdiction in settling international disputes. It is desirable to have an International Criminal Court to deal with international crimes. The enforcement of machinery should be strengthened, International police system be given responsibility to prepare the preventive charge of the international crime. In other words, there should be an international bureau of Investigation and Prosecution. The activity of international law must be further widened. UN charter must be amended since its inception in the year 1945.

It is desirable that the doctrine of precedence should be applied in the principle of international law. I support the idea of a World body because of what has been demonstrated in a most disciplined and decent way by the children of this institution. They have demonstrated the World Parliament. A world body may be formed by declaring the General body of the UN as a Parliament of Nations with the Security Council as the Executive, and a true International Court of Justice to deliver binding judgments.

The demand being made by the students is in conformity with one of the suggestions made by the scientists and jurists. Let us pray that this demand gains momentum. The effort lacking made by this institution among the public, among the people of the nations, through judiciary and otherwise must gain momentum. We know that this task is very difficult. This task is difficult because it would require the consent of nations and various countries. Whenever the interest of any particular nation would come before such a body they will try to avoid it because international law depends on whatever law will be framed at that stage. That can’t have a legal sanctity unless we actually respect it and obey by our own will. We are willing to obey it therefore very aptly the founding fathers of our Constitution have used the word respect for International Law because they knew that it otherwise has no binding effect.

All those who are students of physics or mathematics of this institution or elsewhere must be knowing that whenever there is a difficult task comes we require a particular lever. For example there is a big stone which can’t be manually lifted or shifted then we require a lever. That lever is applied and thereby the stone is given a turn. Whenever a heavy problem comes for resolving we require a lever and I must congratulate and I am happy to say that Jagdish Bhai and Bharti Ben they have provided this lever through the efforts of this institution in tackling this problem. It will depend on future application of forces for this lever to become successful. The conditions which have been noticed and which the whole world is facing they are so difficult situations whether it is with regard to the rights of women who constitute 50% of the population of the whole world, whether it is with regard to the rights of the children, the quest is everywhere for bringing reforms. But how to bring about those reforms? The rights of women are being jeopardised even in these civilized times, My brother Justice Shah, who is present here, would bear me out that a famous Urdu poetess of Pakistan Pervez Shakir who expired only a few years back had depicted the plight of Muslim women in beautiful a couplet when she said "Mein Such Bollongee Fir Bhi Har Jaoongee Aur Who Jhoot Boolega Aur Laajawab Kar Dega (Even if I tell truth to the court I will lose the case and he that is the husband he will tell a lie and win the case) this is the plight of Muslim women. Similar is the condition of children. It is not only malnutrition or forced child labor, lack of education, lack of healthy, conditions etc. are everywhere. These are children who form the future of our nation, who build the nation. Nida Fazli has said about children he says "Ghar Se Bahut Door Hai Masjid Chalo Yun Kiya Jai Kisi Rotay Hue Bacche Ko Hasaya Jai".

I respectfully invite the attention of all of you to what has been exhibited by teachers and the performance given by students of this institution. It is actually the result of hard-work and labour put in by the teachers. What is the status of the teacher? For that I will tell you that Aurangzeb had imprisoned his father in jail. After a few days Aurangzeb went to his father and asked how he was passing his time in the jail. Aurangzeb’s father said there is no other problem only problem is I can’t pass time in the jail. If you can arrange ten fifteen small kids so that I can teach them here and pass my time. Aurangzeb said that it seems that emperorship has still not gone out of your head. Shah Jahan said why so. Aurangzeb said that teacher is like an emperor because he is the person who creates the students who become senior citizens later on and rule the country therefore teacher has the status of an emperor.

Mr. Gandhi has organised this conference here to appeal to the judicial conscience. Indian people have a mounting faith in judiciary. Article 51(c) is an ignored field, no one has bothered about it. If we look into the judgments also we will find very few number of judgments whether it is Verghese or Gramophone company or Ali Akbar’s case about which reference has been made but the fact is that International law as well as Article 51(c) which comes under directive principles, both are not enforceable. This in one thing common between them. Neither International law is enforceable nor Article 51(c). But I may tell you that very recently Justice Majumdar has rendered a judgment from the Supreme Court. Now with the change of times the dividing line between directive principles and enforceability is virtually getting erased. The measure in which Article 21 with regard to right of life has been interpreted by the Indian judiciary it has not been so interpreted anywhere and therefore with the interpretation of Article 21 many things which are conceived by Article 51(c) can be enforced through interpretation of Article 21. Therefore as the dimensions of interpretation of Article 21 are increasing I am sure that a time has to come when these principles will also become enforceable through Article 21.

I had an occasion to go to a World peace conference in Copenhagen way back in 1986 and looking to organization of this conference I was reminded of that conference which I attended at world level. There also similar matters were discussed. I incidentally come from the state of Mahatma Gandhi. I also represent Rajasthan wherefrom Dr. Nagendra Singh, the Chief Justice of International Court of Justice also came.

 

Back