Address of
Hon’ble Mr Justice R. C. Lahoti
Former Chief Justice, Supreme Court of India

 

We are living in a world of paradoxes. To illustrate:-

We have taller buildings but shorter tempers
Wider free-ways, but narrower view points
We spend more, but have less
We buy more, but enjoy less
We have more knowledge, but less judgement
More experts, yet more problems
More medicines, but less health
We have multiplied our possessions, but reduced our values
We talk too much, love too seldom, and hate too often
We have added years to life, not life to years
We have been all the way to the moon and back,
but have troubled crossing the street to meet a new neighbour
We have conquered outer space, but not inner space
We have done larger things, but not better things
We have conquered the atom, but not our prejudice
Every nation talks of peace, but stores weapons of mass destruction.
Alas! We are educated but not dedicated.

Result. It will not be an exaggeration to say that the humanity stands on the brink of destruction. We suffer from threats of terrorism, lung cancer, due to air-pollution, food-poisoning due to gases and adulteration. We have suffered tsunami and hurricanes. Now, it is firmly established that economic growth and human development are directly related with environment.

We all need peace, peace in mankind and peace in nature.

Peace is not only the absence of war. Peace is a relationship in a society leading to a world order, where there is dynamic and constructive utilization of energy and human resources for the betterment and welfare of mankind. Peace is living in harmony with all those with whom we share the Earth - the humans, the animals and the plants.
Violence and war are animal instincts in man. They are the crudest and most destructive aspects of our lower nature. Animals fight with each other for territory and for social hierarchy. Humans are not supposed to follow that instinct. To be at peace requires deeper thought, planning and placing the greater needs of our fellow - beings over our own individual desires.

To work for peace, it is necessary that we place the peace first and our desires second; we must be willing to sacrifice for the greater good. Despite innumerable differences of culture and creed, we must work to truly accept each other, rather than simply tolerate each other. We have to understand, accept and believe that in spite of there being differences between our cultures, nations and religions, all human beings on earth are brothers and sisters. This can be achieved by communication and dialogues. Communicate and keep communicating, dialogue and deliberate, until an agreement has been achieved.

There could not have been a better place than India to discuss these issues, culturally and constitutionally. We believe in Vasudhaiva Kutumbakam (the whole universe is a family). Our Constitution gives the same message.

The preamble to the Constitution declares that India has been constituted into a republic for the purpose of achieving the goals of justice, liberty, equality and fraternity to all. Article 51 reads (the relevant clause which is the theme of this World Judiciary Meet):

"51. Promotion of international peace and security - The State shall endeavour to -

(c) foster respect for international law and treaty obligations in the dealings of organized people with one another; and encourage settlement of international disputes by arbitrations

Our Constitution has a special feature. It contemplates not only fundamental rights of people and citizens but also contemplates 10 fundamental duties of its citizens. I may mention only three of them:-

"(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religions, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests lakes, rivers and wild life, and to have compassion for living creatures".

What do we do?

We must learn the law of sustainable development; listen to the children our own future - and understand the world from their point to view and create a powerful world judiciary.

Why?

It is recognized that if we want our children, grand children, children not yet born in a world better than today, we must learn to meet the present need of humans without endangering the welfare of future generations. We have no right to destroy the ability of future generations to meet their needs. Conceptually the field of sustainable development has three constituents:

(i) environment sustainability
(ii) economic sustainability
(iii) socio-political sustainability

All these three are interdependent and mutually reinforcing pillars. There is yet a fourth policy area of sustainable development and that is cultural diversity as a means to achieve a more satisfactory intellectual, emotional, moral and spiritual existence.

Education:

Time has come to realise that education is most powerful instrument of social transformation. There is a stanza from a poem written by Longfellow-

There was a little girl,
And she has a little curl,
Right in the middle of her forehead;
When she was good, she was very-very good,
When she was bad, she was horrid

Cicero has said -
What greater or better gift can we offer the world than to teach
And instruct our youth?

A simple lesson - simple as that is -
W hen I do good, I feel good, when I do bad, I feel bad - Abraham Lincoln

This is what we have to teach our children and then learn from them what we have taught them.

Why our hopes are rivetted on judiciary

Judges are independent, impartial, and enjoy wide powers by convention and by constitution. They are trained to be wonderfully quick, have a powerful mind which goes to the kernel of the matter while other are still hammering at the shell. They have character and intellect. And they are least concerned with politics.

International Court of Justice can exercise jurisdiction only if both parties agree of submit to its decision. A greater infirmity is that permanent members of the Security Council can veto enforcement of even cases to which they consented in advance to be bound.

It is only powerful peoples' opinion created through such like conferences as the present one which can compel world leaders for enforceable common world law enabling conferral of more extended and more binding jurisdiction on International Court of Justice.

If the judges of world unite, their voice cannot go unheard.

Ladies and Gentlemen:

Listen to the voice of 2 billion children, speaking through the 32,000 students of CMS, in the words set out in the appeal presented to us today.

While it is only a proverb to say: Through education train up a child in the way he should go, and when he has grown up he will not depart from it. But remember what Wordsworth said - The child is father of the man.

And Milton said in 'Paradise Regained',- "The childhood shows the man, As morning shows the day."

I have participated in hundreds of Conferences but this one is unique. When it began, this auditorium, this place and the delegates were vibrating with the message of Mr. Jagdish Gandhi. And as the Conference has proceeded ahead I can feel the place and the people rocking with determination to act. We must leave this venue only with three determinations, to act, to act and to act.