Address by
Hon'ble Mr Justice Devi Prasad Singh
Judge, Allahabad High Court, Lucknow Bench, Lucknow, U.P., India

 

Modern civilization is facing major problem in the form of threat of nuclear war, exhaustion of earth's natural resources, moral de-generation, terrorism, environmental pollution and greed for material earning only for bodily comfort without any feeling for society coupled with accumulation of wealth in few hands. Science and technology have triggered resolution in so many spheres particularly communications and information technology which have transformed the world into global village. Unfortunately, there has been no commensurate transformation in consciousness, hence there is dangerous gap between the emergence of global society and its acceptance by vast majority of mankind. While claiming to honour of dignified life, modern civilization is often so strongly governed by desire and impulse that, in our highly organized society, the individual human life seems to have been reduced to the minor part of a great machine. In Upanished, human beings are referred to as the children of immortality, implying that each individual has right to develop his or her inner consciousness until it burst into the glory of spiritualization. According to ancient Indian scholars not only this solar system but also in million of other worlds an infinite number of divine manifestation exit.

Buddhist philosophy teaches that to the maximum of our abilities, we human being should make every effort to repay our things for the good. We enjoy from them and this means that we should love all things. The relevancy of this philosophy is more important in present era.

The great Hindu philosopher Shankracharya, born in 788 of the Christian era, said that when the divine knowledge is burn with the human psyche ignorance is automatically dispelled just as darkness disappears with the rising of sun. The awareness of our limitation and the determination to overcome them are essential feature of not only the spiritual quest but also for a decent and dignified quality of life.

The lotus sutra of Budha philosophy postulates for a divine nature as well as for the member of essential oneness of the life force of the unenlightened sentient being. It signified that everything is governed by one vast, all the inclusive truth. Budha is truly an entity demonstrating compassion equally to all sentient beings, his life force must be internal and immutable.

However, the philosophy of life and reality of world, its creation , existence and destruction by nature and God does not make out a case for human being to sit ideally without facing the odds in life.

Instead of being helplessly bound to fate, we are endowed with great power to challenge and alter our ‘Karma’. While limited by the same desire and instincts like other animals, human beings have and should cultivate the will power, reason and ethical sense to overcome the limitations and restrictions coming in the way of overall development of mankind. In September, 1986 a colloquium of religious leaders was held in Assisi, Italy. It was unanimously resolved by various declarations, the necessity to work unitedly, reverence to all living creature including animals and planets. It is unfortunate that because of inaction on the part of governmental bodies we are going to be destructor of our own planet. Whether it is scarcity of water or global warming or dis-balanced ecology or rise in terrorism, likely to cause eminent danger to humanity in near future and the burden to check them lies on our shoulder. It is because of non-fighting spirit on the part of majority of citizens against the state inaction of preserve the natural environment the coming generation is likely to face complex problem up to extent of its extinction. To fight these problems, joint and collusive effort by citizen of the world is necessary. When India attained independence in the year 1947 from colonial rule, speech of a great Indian spiritual leader Shri Aurobindo was broadcast on All India Radio on 15-8-1947. I wish to quote few lines from the speech of Shri Aurobindo :-

"For in any case the unification is a necessity in the course of Nature, an inevitable movement and its achievement can be safely foretold. Its necessity for the nations also is clear, for without it the freedom of the small peoples can never be safe hereafter and even large and powerful nations cannot really be secure ….. It is therefore to the interest of all that union should take place. Only human imbecility and stupid selfishness could prevent it. Against that, it has been said, even the gods strive in vain; but it cannot stand for ever against the necessity of Nature and the Divine Will. Nationalism will then have fulfilled itself; and international spirit and outlook must grow up and international forums and institutions; even it may be such developments as dual or multilateral citizenship and a voluntary fusion of cultures may appear in the process of the change and the spirit of nationalism losing its militancy may find these things perfectly compatible with the integrity of its own outlook. A new spirit of oneness will take hold of the human race." [Sri Aurobindo and His Ashram; page - 34]

Shri Aurobindo has expressed this view long back in series of Articles published between August 15, 1916 to July 15, 1918; to quote from one such Article :-

"That which unites men most securely now is the physical 23/12 unite of a common country to live in and defend, a common economic life dependent on that geographical oneness and the sentiment of the motherland which grows up around the physical and economic fact and either creates a political and economic fact and either creates a political and administrative unity or keeps it to a secure permanence once it has been created. Let us then extend this powerful sentiment by a fiction; let us demand of the heterogeneous constituents of the empire that each shall regard not his own physical motherland but the empire as the mother or at least, if he clings to the old sentiment, learn to regard the empire first and foremost as the greater mother." [The Human Cycle The Ideal of Human Unity War and Self-Determination; page 324]

The exposition of Shri Aurobindo is based on very old ancient Indian philosophy particularly of vedic era which according to scholars relate back around 1800 B.C. Virtually Veda stands for the philosophy of dynamic realism against that of static mysticism. Veda takes us a little beyond this creation. They raise us from creation to creator and from sun to sun that shines behind the sun and to the fire that glows behind the mundane fire which take us to light that enlightens all the lights familiar to us. Virtually majority of the Indian philosophy is based on research of nature. It is misnomer to bracket the Indian philosophy of life under "Hindu Philosophy". Upto 18th century the European scholars used to refer the philosophies of this country and its great treatise as "Indian treatise" or "Indian Philosophy". That is why India was called "Aryavrat" or "Bhartkhandey". However, at some point of time particularly after Maxmuller Indian philosophy was bracketed with "The Hindu religion" creating distance from the other part of the literary world. All learned ancient Indian authors or writers were not sages or saints but some of them were great scholars and political thinkers having no attachment with religion like Kautilya or Chanakya. They do not show only the mode and means to worship God but also the way to lead peaceful independent life. It requires research and proper discussion. However, It is not the venue to discuss this aspect of the matter. I wish to cite a hymn from Rigveda (recorded in United Nations heritage list in "Memory of World Register") which speaks the unification of mankind, to quote :-

"In mankind nobody is higher or lower nor is anybody of middle status. Everybody with concerted effort toils along the path of progress. All these men who are naturally diligent and possess outstanding characteristics progress by exploiting the natural resources from the mother earth and utilizing them for the welfare of all [Rig. 5.59.6]”
Rigveda further cautious the rich or wealthy persons of the world to transfer a part of their wealth and assets for the commoner or weaker section. Again to quote :-

'The rich man who does not utilize his wealth for noble deeds or does not offer it for the use of his fellow - beings, but looks after his own needs, is selfish and has earned the wages of sin. It is undeniably true that the wealth of a person becomes meaningless, if it is not distributed and utilized. That hoarded wealth eventually proves to be the cause of his ruin. [Rig. 10.117.6]"

However, rise of population and loss of natural resources coupled with increasing unemployment is destabilizing the social resource structure all over the world. Ordinarily in democratic countries the rural or political parties have got their own problems. Because of threat to vote loss, no action with strong will power to protect the natural resources is taken. The planned development providing source of employment got remote change in countries where monarchic system or autocracy prevails. Things are done at the cost of human rights and dignity. The accumulation of wealth in few hands may be noticed almost in every part of the world. Once a person enjoys power or entered into administration through executive or legislative wing of a Government baring some exception he or she becomes a specialized class.

Noam Chomsky in his book Necessary Illusions (Thought Control in Democratic Societies) observe as under-

"Their failure taught the painful lesson that "the old ways no longer worked," and "they found themselves forced to grovel; and beg forgiveness from rulers who claimed to be the people's servants," So it has remained. With the rarest of exceptions, the representatives of the people do not come from or return to the workplace; rather, law offices catering to business interests, executive suites, and other places of privilege. [page 23]

The learned author noticed in his book (supra) the involvement or intrusion of mighty powers in the internal affairs of several countries all over the world in one or other form. Need not to elaborate but the thing is true that on account of loss of character to some extent in the ruling class or constitutional functionaries across the world, things are likely to be worst in near future. The "role model" like Mahatma Gandhi to give inspiration to new generation are to some extent missing. Peoples are striving for peace and harmony and running from pillar to post to put the society in order to combat the menace of exploitation and terrorism. Fall of character coupled with loss of human sentiments is one of the main cause.

The brochures of present conference contain heart touching messages which may teach and inspire the coming generation. This can be done only by the teachers possessing knowledge, commitment and devotion to society and nation as whole with stronger character. Father of Nation Mahatma Gandhi said that a teacher cannot be without character. If he or she lacks it he or she will be like salt without its savor. A teacher must touch the hearts of the students. Boys imbibe more from teachers’ own life than they do from books. If teachers impart the knowledge to the students but do not induce truth and purity among them, they will have betrayed them. It is the teacher province to aloft a torch of necessity at all time and all places to spread love and devotion in the mankind through unskilled mind of young generation.

Education means a process which provides for intellectual, moral and physical development of a child for good character formation, mobility to social status, an opportunity to scale equality and a power instrument to bring about social change including necessary awakening among the people. It is the education which promotes intellectual, moral and social democracy and lays foundation of good citizenship which is a principal instrument to awaken the child to intellectual and cultural pursuits. It is the value based education which prepare the child for later professional training and adjust them to new environment. Education therefore should be co-related with the socio-political or economical needs of developing nation fostering secular values breaking the barriers of casteism, linguism, religious bigotry and should act as an instrument of social change. Education kindles its flames for pursuit of excellence, enables and ennobles the young mind to sharpen his or her intellect more with reasoning than blind faith to reach intellectual heights and inculcate in him or her to strive for social equality and dignity of person. Thus only by proper education we may save our future across the world. Whether it is terrorism or ethnic violence or loss of natural resources, only by educating the people we may combat these evils and save the coming generation from complex problem. A great philosopher and Former President of India Dr. Radhakrishnan said that the purpose of education is to enable individuals to tackle the myriad problems of society and to cope with the accelerated pace of change in several spheres. According to Upnishad, our aim should be the play of life, the satisfaction of mind and the fullness of tranquility. That is why Dr. Radhakrishnan said that to quote, ‘the men must also realize that in a society where there is social injustice, gross inequality and lack of fraternity, individual liberty cannot be preserved’.

The ancient Indian scholars had given much emphasis to inculcate love not only for human being but also other creatures of the world. The purpose of education is to suppress animal instinct in human being. Everyone possess the streak of violence, a streak which makes a person to revolt, which makes him rabid, which makes him slay and murderer. The purpose of education is to try to overcome such streak. Education means to overcome the beast and unless we overcome the beast in us, we cannot call ourselves truly educated man. That is why, Mahatma Gandhi said, to quote :-

"Man is neither mere intellect, nor the gross animal body, nor the heart or soul alone. A proper and harmonious combination of all the three is required for the making of the whole man and constitutes the true economics of education…" (Page 434, THE SELECTED WORKS OF MAHATMA GANDHI VOL.(V) THE BASIC WORKS)
The message given by Mahatma Gandhi has been the heartbeat of ancient Indian civilization since ages.

We should take notice of the ground reality that major terrorist groups all over the world teach or train the persons (boys and girls) at tender age by brain washing. They convert the young persons into "living human bomb" to follow the order of their masters for destruction and massacre for one or other reason. We have to train our young generation to cope up with such situation with cool mind and practical approach.

Let us strive to educate our children keeping in view these broader principals in mind. It is consolable that City Montessori School is striving to move in the same direction.
Undoubtedly, heavy burden lies on the members of judiciary particularly higher judiciary of the countries. As I have said persons who are administering a country under political power have got their own problems and reservations but judiciary does not have such problem. Judiciary have to uphold the Constitution and law upto optimum level. What Blackstone has said century back that "the judges aren't delegated to pronounce a new law, but to maintain and expound the old one" has now become absolete. Now courts in all democratic countries have necessarily been entrusted with certain powers of making rules or cases not provided for previously' and even of modifying existing laws from time to time in order to carry out the current ideas of what is equitable, or to adapt them to the changing needs of society. Supreme Court of India has now settled that the higher judiciary in this Country while exercising power under Article 226 of the Constitution of India (High Court) or Article 32 of the Constitution of India (Supreme Court) have got ample power to fill the blanks or issue appropriate direction where not statutory provision exists or legislature have failed to legislate law (Ref. 2006 (8) SCC 399, Confederation of Ex. Servicemen Association and other Vs. Union of India and others.

It was Chief Justice Marshall of U. S. Supreme Court while adjudicating a controversy in famous case of Marbury V. Madison, 5 U.S. (1 Cr.) 137, 176 (1803) (in short, Marbury's case), raised an issue as to whether an Act, repugnant to the Constitution, can become the law of land ? It was the starting point where the status of legislative omnipotence was questioned. Since then Marbury's law relating to judicial review had travelled a long way culminating into recent judgment of the Supreme Court of India, reported in (2007) 2 SCC 1 I.R. Coelho (Dead) by Lrs. Versus State of T.N. Where the iron curtain surrounding IXth Schedule of the Indian Constitution has been melted down subjecting to judicial review.

Needless to say that the vision of peaceful world order and civilized society where every citizen may get his/her own right according to his/her abillty and knowledge depends upon true education, independent and learned judiciary. The teachers and the members of judiciary should be "role model" not only for his or her country but for the world. Let us strive to create a world where persons having impeccable character having a broad vision and knowledge eager to serve not only own country but the entire world by joining the fraternity, or judiciary and profession of a teacher. Democracy may survive, peoples may get their due rights and enjoy quality of life only in case the country possesses persons occupying offices in higher judiciary with a vision of brotherhood with independent mind and commitment and dedication not only to their country but to the fraternity of mankind as a whole. The members of judiciary and educationists are separate class and their standard of life should be above the board in public eyes.
In one of my previous lectures, I have referred the passage from Manusmrity written by first law maker or legal draftman of the world Manu some time 3500 years back. At the sake of repetition, I wish again to quote,

"It is difficult to find a man who behaves according to law voluntarily. The people behave as they should, only on account of the fear of punishment."

A great Indian scholar Kautilay (Chanakya) who was the Chief Architect of Maurya dynasty (321 BC) in his famous treatise "Economics" dealt with secular administration of government, given much emphasis that while in the matter of foreign policy peace should be preferred over war, the behavior of the king or winner in victory or defeat should be just and fair. Kautilya further said that the maintenance of law and order by use of punishment is the science of government. A well considered and just punishment makes the people devoted to righteousness, of wealth and enjoyment to quote from kautilya's "The Economics":-

"When, (conversely) no punishment is awarded (through misplaced lenience and no law prevails), then there is only the law of fish (i.e., the law of the jungle). Unprotected, the small fish will be swallowed up by the big fish. In the presence of a king maintaining just law, the weak can resist the powerful."

International Courts of Justice is very well there constituted after second world war. But the judgments and orders of ICJ are waste papers unless it is made enforceable. Not only in India but all over the world various countries are facing cross border terrorism, organized criminal has got network covering several countries. With advancement of information technology terrorist and organized criminals have got very wide network. Their prosecution and arrest is not an easy task. Disputes between nations on one or other ground is not uncommon. United States of America retain its right of bounty hunting which relates back to a traditional right of 1860 AD. A bounty-hunter, traditionally employed by a bail bondsman, tracks down and captures outlaws for which he gets a reward. U.S. Government and its Courts still claim such right and privileges as is evident from the recent case involving Stanley Tollman, a former Director of Chelsea Football Club and his wife Beatrice, a British citizen. Such rights and privileges may also be claimed by other countries in near future. Undoubtedly, exercise of such right means interference with sovereign functioning of other governments.

In such scenario the ICJ must be given some teeth and it shall be appropriate that persons involved in cross border terrorism or organized crime having network spreaded in more than two or more countries or alike disputes may be tried by ICJ with the consent of member nations. Countries who are involved in cross-border terrorism or hiring or giving shelter to organized criminals should be dealt with in appropriate manner by adjudicating the dispute through ICJ.

I wish to conclude my exposition with a hymn of Rigveda to quote :-

"May our prayer be one and the same;
May we belong to one fraternity;
May our minds move in accord;
May our hearts work in unison
For one supreme goal;
Let us be inspired by a common ideal;
Let us sing Thy praises in congregation.
[Rig. 10.191.3]"

I express my gratitude to the organizer for providing me an opportunity to express my views in this august body.