Any idea before it is developed is in the shape of a seed. That seed ultimately sprouts into a tree and one tree develops into a beautiful, green jungle. Like that, this Dronacharya among us saw a small tree, considered one child as the focal point and it spread and went on spreading, that is how that huge school, CMS, came into being and is still there with all its glory. The original Dronacharya taught only 105 princes but our Dronacharya — Jagdish Gandhi — teaches more than 32,000 princes and princesses in his school.

In 2002 my good old friend, late Justice Ashok Desai, who was then the Chief Justice of Uttaranchal, told me that there is going to be a Conference of the Chief Justices of the world in Lucknow. He said, “Brother, why don’t you come.” I was then the Chief Justice of the Madras High Court. I said, “Conference of the Chief Justices?” I thought it would be some judicial conference. He said, it is a judicial conference, but it is not in that sense a judicial conference. The Chief Justices of the World are coming and thinking on human problems. I said, “It’s very rare that two lawyers agree, and it is still rarer that two judges agree and it is still rarer if chief justices are going to agree. When so many chief justices are going to come from all the nooks and corners of the world, what is going to be the result? Who could think that such a conference is possible, or that such conference if held is going to help the humankind, the mankind.”

Therefore, I said that every idea when it is conceived it’s a small idea. But there are very few people who have that telescopic vision and the time of seeing an idea, that this idea can become the world thought tomorrow. We had one person called Mahatma Gandhi, who thought that even without raising a ‘danda’ (wooden staff) — the ‘danda’ he used only for his own support — or even without firing a bullet, the mighty British Empire can be driven out of the country. He just saw this idea. Ultimately, what we have done of Mahatma Gandhi is another matter. We have been successful in creating his statues, we have been successful going there only on 2nd October, garlanding him and then forgetting Gandhi, Gandhism and Gandhi thought for the rest of the year — but that is a different matter.

What I am trying to point out is that an idea when it is conceived, there has to be a visionary to develop that idea. I congratulate Mr Gandhi for developing this idea. Now see how beautifully he has picked up. We have England, we have America, Bosnia, Serbia and what not. But one thing is very common in all the countries and that is children. There is yet to be a father or there is yet to be a mother born who doesn’t love his child. What Mr Gandhi probably has thought in developing a beautiful school is that feeling of love, the parental love that every person has. I, him, you, everybody — we all have that parental love, and any idea if it is to be developed has to be based not on hatred, but on love. Unless an idea, a concept is based on love, it can never develop. Because, the moment the idea is, say, based on competition, based on hatred, ‘I want your head, you want mine’, ‘I want this state of yours, you want mine’ — if this is the idea, then that idea can never become a global idea. Parental love, love of the mother, whether she is a Serbian mother, whether she is an Afghan mother, whether she is a Bangladeshi mother, she remains a mother.

And therefore, the focal point of the brotherhood had to, and very rightly had to, begin with children. Therefore, he created a beautiful school.

Now if the idea had to be international, there had to be some other factor which is common in all the countries. Apart from other aspects, which is the most common aspect governing all countries? That common aspect was law. And, that is how probably Mr Gandhi turned to law. The development of law, the adherence of law — no country says that we are a jungle country. Every country will say, we are governed as per our own laws. Law is a common aspect for all the countries of the world. There are 192 countries including veto countries and non-veto countries are also included.

Once you catch one common aspect, then only you can continue. So here are now two common points. One point was the children — everybody would care for the child, his or her own child. The second common point was law. And then how to bring that law together was the idea of calling of the conference of the chief justices. This was probably what was in his mind and while Mr Gandhi was speaking, I was thinking as to why should this man who is living in Lucknow, running a school, is a teacher, should call for an International Conference of Chief Justices and the judges of the World. This was probably the idea: the children linked with law, the law linked with judges, the judges linked with society, the society linked to the whole world. This is how he has created this chain. And truly who could have thought of all this? I had laughed at Justice Desai when Justice Desai called me. I said, ‘What is going to happen? People will come, eat, drink and be merry’. Justice Desai told me: ‘No brother, it will not be just eat, drink and be merry.’ No. There will be deliberations. Each judge who represents a country, be it African country, European country or Asian country is concerned about his child and therefore, he will be concerned for the world, because today’s children are going to be tomorrow’s world.

When I became the Chief Justice of Uttaranchal and I had an invitation to attend this Conference. I have an invitation now and I want to see how these persons from different cultures, different civilizations, different political thoughts, different backgrounds, different economic and financial positions — how do they come together and yet do not fight, yet live for good long 5-6 days, deliberate with each other and bring out something.

See, unless you churn the butter milk, the butter does not come. There has to be a churning process started. What happened when the atomic power was invented. They went on, they went on and on. It was a churning of thoughts and ultimately they found a tremendous atomic power. This is the power that we are in search of, through the children. We want an atomic power, our atom is the child. And we want that power. Mahatma Gandhi was also once a child, Nelson Mandela was also once a child, Lincoln was also once a child. Yet these children when they developed they effected, they impressed and they were relevant to the whole world.

We will, therefore, have to take this idea further. And then came the idea of empowering the International Court of Justice. You all are lawyers. You know something was spoken about enforceability. You all know, day in and day out that section 9 decree under Hindu Marriage Act can never be executed’. Section 9, the restoration of conjugal rights decree can never be executed. I am yet to see a lawyer who has not filed a suit under Section 9. All lawyers do go after that. You forget about the legal nuances and legal complications, enforceability is not everything and all. The whole idea of bringing these judges together is to start a thought in the world, which thought will translate via the International Court of Justice. The International Court of Justice will act as the vehicle, as the conduit and the International Court of Justice would be impressed by these thoughts and ideas which are noble ideas.

Mr Gandhi spoke about the vetoing countries, non-vetoing countries. Well, as George Orwell said: All animals are equal, some are more equal than others. Similarly, all the 192 countries are equal, but the veto countries are probably more equal. We have to bring that equality together. We have to distribute that equality in a most equitable manner. But how are we going to do it. The only way you can do it is through the law. And again, let me tell you, merely because there is no enforceability to the judgments, that doesn’t become less relevant.

We are in a country and we are in an era when, brothers and sisters, don’t forget today every sixth person living in the world is an Indian. If we start thinking, then one-sixth of the world thinks in this way. Let’s not be afraid of our numbers. Our number is our strength. Let’s use our numbers as the strength, as this is how we will be able to use our tremendous numbers as our strength.

Much has been spoken about pending litigation and this and that. I am a very positive man. I look at only the good side, the bright side and I see the number of Indians in the world as the strength of India. Again, the idea to catch the children — very recently we have won the 20-20 World Cup, a matter of great pride. But what was the idea? The idea was ‘catch them young’. Catch the young persons, catch your Sreesanth who is 17 years, catch that Pathan who is 20 years and so on and so forth. So, when we catch them young, we will be able to make a strong team. Whether it is hockey, whether it is cricket, humanity also, catch them young.

If 32,000 children understand what the humanity is, understand what the human rights are, understand the importance of peace and see their thoughts reverberate in not one, not two, not three, but 100-200 chief justices and judges of the world. See, we have created them as lifetime ambassador for peace. The idea is also, ‘What am I going to do alone’. It’s such a tremendous task. If I am not able to do, what this one man Jagdish Gandhi, or one man Gupta or one man Justice Qureshi or one man can do? What are they going to do in this world?

Rabindranath Tagore has written a beautiful poem. I don’t know how many of you are Bengalis. I’ll translate the poem. He said: Ke loibe amaar kaaj, bollo sandha roobi (Who will take my job, asked the setting sun), Suniya saara jagat niruttar (When this question was thrown to the world, the whole world remained silent). Who can answer, who will do the job of the sun. Mateer tore deep chhilo (There was an earthen lamp). The lamp said: “Whatever I can do, I will be able to do”. See, that earthen lamp answered the mighty sun, that well, ‘I may not be the sun, I may not be able to light the whole world, but whatever I can do, I will do. My dear brothers and sisters, all of you have to be the lamps, that earthen lamp. Don’t think that you alone cannot light the whole world. Think what you can do. By coming here, you have proved that you are those potential lamps. And if those lamps, if those students who have come from Afghanistan, who have come from Dhaka, who have come from Mauritius and Fiji and other far off countries, if they go back with a lighted heart, then we have been able — these wise persons sitting here, or those wise persons who are going to come for that conference — have lighted so many lamps, who are prepared to think for the world.

This takes me to the issues. Much has been said about the issues. When would the question of enforceability come? When the issues are such, in which there is a conflict amongst two nations. Then you know the present International Court of Justice has, for example: it’s not Justice Sirpurkar Vs so and so, or Justice Venkatanarayanan Vs Justice Qureshi. It has to be India Vs so and so – some country. Now if the issues are such which create a conflict or have the potential to create a conflict, then of course, the question of enforceability will come because then there will be I Vs You, He Vs She. It will not be I and You. It will not be You and Him. I was thinking that somebody will touch the issue of the environment. Each of us, each country is suffering from loss of ecology. Supreme Court came out with the doctrine of trust in that hotel matter. The Kyoto Protocol has also been signed for the purchase of carbon credits. Some countries are left to grow the jungles, while others say that we will industrialize ourselves and leave carbon in this world, causing global warming. We are told everyday that because of global warming, the Arctic area is melting and soon a day will come when the sea level at Chennai or at Bombay will go up by about two metres. I have seen the devastating results that happen when the sea level goes up. This was when I was the Chief Justice of Calcutta High Court and Andaman Islands came within the jurisdiction of Calcutta High Court. So in order to give morale to my officers who were serving in, say, Campbell Bay or Carr Nicobar, I went up to Campbell Bay. I am telling you the story of Campbell Bay.

What has happened is, because of this tsunami, one plate in the Indonesian-Sumatra has come up. With the result, the water level in Campbell Bay, Carr Nicobar and Port Blair has also gone up. We had a court in Campbell Bay. My junior division clerk who has to go in the day of high tide, has to wade through this deep water. Brothers, till we are sitting in Delhi, in this beautiful air-conditioned hall, we are not going to realize what the people have gone through. It’s all right to see the TV, it’s further all right to see next day the papers along with a very tasty cup of tea and then think about as to what had happened. You have to go there personally. You have to see what has actually happened.
Therefore, I thought that this environment issue if it can be brought before the International Court of Justice. What the developed countries have been telling us, ‘you grow the jungles so that the carbon created by us can be assimilated and for that purpose we will pay you. Kyoto Protocol is only about the carbon and how much do we pay you. You will require lot of space, you will require lot of time, you will have to also go without the industries, your children will be in the jungles, for absorbing other carbon. We will pay you, but how much that pay will be, it will be chicken feed for an elephant.

Time has come when we have to think of these issues. Why can’t somebody start an action on the Kyoto Protocol itself, on the question of environment itself, on the question of industrialisation itself. These are too deep subjects.

These can’t be discussed like this. But we will have to find out the issues in which there will be no conflicts. A Kashmiri child is no different from a Pakistani child and a Pakistani child is no different from an Indian child, and a Sri Lankan child — if he is living in Jaffna or if he is living in Colombo — a child is a child. We will have to create the issues. We will have to create the popular vote for the welfare of the child. That will be the real empowerment of the International Court. Create the proper issues. You can’t empower the court by creating or bringing in the enforceability. You have to create the issues which would by themselves be important to all and would actually effect all, but would not be against anybody. That would be the real empowerment in my very humble opinion.

All this is extremely difficult. It’s not easy. One person has started it, he is already facing it. I’ll end by a famous couplet in Hindi. Probably here everybody would understand Hindi or Urdu. “Kaun Kahta Hai Ki Aasmaan Mein Chhed Nahi Ho Sakta; Ek Patthar to Tabiyat Se Ucchhalo Yaaron”

(Who says a hole can’t be made in the sky; Throw up a stone with all your strength, friend).