welcome Speech of

Hon’ble Mr Justice H N Tilahari

Judge, High Court of Karnataka at Bangalore, India

 

I congratulate Mr. & Mrs. Gandhi and the children as well as the staff of City Montessori School for having organised this grand conference on 'International Harmony and Social Order' in the context of Article 51 of the Constitution of India.

The Constitution of India as well Article 51 thereof are the product and result of aspiration of our culture and cultural heritage of India i.e., Hindustan. This nation and its cultural ethos since antiquity and thousands and thousands of years has been :

Sarve Bhavantu Sukhina
Sarve Santu Niramaya
Sarve Bhadrani Pashyantu
Maa Kaschit Dukha Bhagh Bhavet

The culture and cultural message from individuals and individual who constituted this great Hindustan i.e., Bharat has been the message of common brotherhood. That message appeal a lot to the framers of the Constitution and leaders of the Nation and in the words of Pt.Jawahar Lal Nehru, as we find to be mentioned in the Book 'Mind of Nehru' or 'Pandit Nehru ki Manobhumi' and interview given by him to a great journalist Mr. R.K.Karanjia in 1960. In course of his reply to a question imposed by Mr. R.K.Karanjia, Pandit Nehru said that, in Hindu Dharam or Hindu way of thought and life, there is an important thought or idea 'that in every being on this earth/world there exists a common spirit or part/Ansha of that spirit or energy by whatever name you call it atma, God or any other and this vichar or principle is beneficial from the point of well being of all. He further says this idea, vichar or principle or Dharma you may call it 'it appeals me'. If everyone understands, realizes it and bases all his actions and plans of actions, keeping in view, mind and heart this basic principle of life, many of the problems, we face, may get their solution.

The message this nation and its culture heritage of which Panditji made reference is expressed in our ancient literature Bhagwad Gita in following words :-

Eeshwara Sarva Bhootanama
Hrdyeshajune Thisthati
Bharamyan Sarva Bhootani
Yantra Rooshani Maayyaa
Tameva Sarnama Gachha
Sarva Bhavena Bharata
Thata Prasadath Paraaam Shantim
Sthaananm Prapsyasi Shasvatam'

Oh Arjun,

Eeshwar/God, by whatever name we call, He exists and resides in the heart of all i.e., each and every being on this earth be it animate or inanimate, human being or cattle, mountain or trees, rivers or seas as well as in all others, whatever form it be, surrender to the will and service of that who lives and exist in every being on earth i.e., service and well being of all creatures in whose heart he lives and if you do so you will have complete peace of mind and soul.

This very message in Tulsi Das's Ramcharitmanas Lord Shree Ram gives to Lord Anjaneya Shree Hanumanji when he explains Ananya Bhakti'.

'So Ananya Jake Asi Mati na Tarai Hanumant Mai (I) Sewaka Sacharachar Roopa Swami Bhagwant'

Oh Hanuman, one has the complete faith and belief by heart and soul and one who believes that he himself is the humble servant of all that exists on this earth, be it animate or inanimate, movable or immovable i.e., in any form, i.e., in the form of human beings, cattles, birds or other living beings or in any other form be it in the form of earth, rivers, mountains or the like, and thinks and views all that exists as above is nothing but God/Bhagwant i.e., the Lord of his worship manifested in that form and so he has to serve His Lord of worship in that form or manifested in that form.

In the background of this cultural heritage of this great nation and in the background our miserable experiences of our life under yoke of foreign slavery and struggle for freedom and independence as well in context of two world wars i.e., of 1919 and 1939 and the murderous disasters that had taken place due to the use of Hydrogen Bombs and Atom Bombs over Hiroshima and Nagasaki, our forefathers, the framers of Constitution considered it is necessary to lay down the norms for our normal behaviour in relation to our dealings with other nations and countries.After a detailed discussion Article 51 of the Constitution had been enacted.

Article 51 of the Constitution provides and reads,
"The State shall endeavour to-
(a) Promote international peace and security ;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law, and
(d) encourage settlement of international disputes by arbitration;.

Article 37 of the Constitution provides that provisions contained in the Chapter 'Directive Principles of State of Policy' shall not be enforceable through the instrumentality of Courts, but shall be fundamental in the governance by State and shall be kept in view while enacting the law.

I need not go nor do I wish to enter into debate as to whether provision of Article 51 is mandatory or directory or as to what the expression 'shall' as used in the article means. It is for the reason that our leaders from the beginning have been making endeavours in this regard as Article 51 provides, and our Courts and our Apex Court have while interpreting the law always given due weight to principle of International law.

Since after independence our foreign policy has been guided by above norms of Article 51.

Pandit Nehru had been very cautious and had always made endeavour to caution the people and nations of the world against the disastrous effect of war. At times he used to say,

'Duniya ke samne do rastey hain. Eka ladai aur tabahi aur barbaadi ka, aur doosra ahimsa ka aur pancha sheela ka, amanka shantika aur sahyoga ka tarakki ka.'

That there are two ways of life open to the world. One is of war and of disaster while the other is of Panchasheel, Ahimsa, peace, cooperation amongst people and nations and of development.

In this context and in the context of our thousands of years of cultural heritage, past experiences, Panditji developed and innovated the doctrines and principles which may regulate and determine and govern the relations amongst the nations i.e., between the countries of world which were known as Doctrines of "Panchsheela". These principles have always been noble principles to regulate the relations amongst the nations and if would have been adhered in true spirit our world would have been different. But the year of 1962 witnessed betrayal thereof on account of expansionist role assumed by a neighbouring state which was at initial stage of innovation of Panch Sheel partner, and that state gave damaging blow to it.

International law in the form of legislatives enactments law may not be there but international law in form of international treaties or the like is there but there is lack of legal enforceability thereof. There is no legal sanction or no legal authority in world forum for enforcing the same against erring nations.

Even today, world is sitting on the " Dhera of Barood" i.e, on Bombs, Nuclear Bombs etc., not one or two but thirty six thousand and any day disaster and catastrophy may take place. Till there is time as appealed by children, the world has to awaken do something to save the humanity from catastrophy and disasters likely to be caused.

This universe consists of Good and bad, virtues and vices and the same way consists as men of divinity as well as of demonic and devil character. Men and nations with divinity may appreciate and follow high principles of virtue and life there may not be problem from them. But we cannot shut our eyes from realities of life, and from devil or demonic spirits in the form of human being and nations as well who perpetuate, instigate and support violence, hatred and militancy who make efforts and do export and encourage militancy in their neighbourhood and other parts of the world in the name of religion, race, etc., which causes and results in loss of human life and disaster and which may even lead to war when their acts become intolerable.

To avoid such catastrophy and disaster it is necessary with reference to family of nations, that there be effective laws and instrumentality to control and regulate the conduct of nations and their relation. It may be an effective, duly, representative united nations with legal section to make laws and to enforce it we may call it World Parliament, International court of Justice and an International Authority to enforce laws regulating the relations between countries and to decide international disputes amongst nations if we wish and desire to build a world free from war, disaster, hunger, poverty as well future generations from disaster and calamities which may be caused by war which may be most devastating and disastrous in context of nuclear bombs, missiles etc., developed and made.

I may, in this context Mr. Chairperson, be permitted to quote Mrs. Indira Gandhi in this regard. Mrs. Indira Gandhi as in 1984 on Provisional World Parliament expressed,

"The World is becoming more and more interdependent. Developments in communications, problems of equitable distribution of world's natural resources and common dangers posed by the increase in conventional and nuclear armaments demand the mankind must act as one. A just international order is inescapable necessity for men's survival. Such an order must rest on equal respect for all nations as well as equal opportunity for each people to develop to its fullest potential. Enlightened representatives of nations must develop international conventions which will make it possible for all sovereign nations to cede some of their powers out of their free will to international institutions in its confidence that their dignity and just interests will never be compromised".

In the community of nations each and every nation has to work whole heartedly without reservations it is only then the ideal of world Parliament and instrumentality to control and guide the relations of nation and to provide remedies to settle the disputes by means other than weapons and use thereof may be transformed into reality.

The steps taken by Mr. Jagdish Gandhi and Mrs. Bharati Gandhi and their students is laudable and may it awaken the nations of world towards their responsibility towards the children, the world at large and generations to come.

 

JAI HIND,

JAI JAGAT-JAGDISH,
JAI BHARAT-BHARTI,
JAI GANDHI.

 

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