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Why Article 51

An appeal by the students of CMS on behalf of the children of the world
Why does CMS organise International Conference of Chief Justices of the World ?
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The Last Hope for Humanity's Survival
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Why does CMS organise Internatinal Conference of Chief Justices of the World ?
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...OVER THE YEARS THOUSANDS OF CHILDREN HAVE VISITED CMS AND EXPRESSED APPREHENSIONS ABOUT THEIR FUTURE
Over the years, thousands of children have been coming to CMS from different parts of India and abroad to participate in the various international educational events along with the children of CMS. During the course of these interactions, many children have presented their views and expressed apprehensions about their future.

CHILDREN’S VOICE INSPIRED CMS TO TAKE UP THE CAUSE OF THEIR FUTURE

These apprehensions of children and their aspirations to do something about them inspired and motivated the CMS family to strive for international peace and security in order to safeguard the future of the world's two billion children.

MR & MRS GANDHI BECAME CONCERNED WITH THE WELFARE OF THE CHILDREN

Having worked with children for over four decades, the founders of CMS, Mr Jagdish and Dr (Mrs) Bharti Gandhi, take a long-term view of education. In their meaningful education model, only preparing children for the three ‘Rs is not an adequate provision for a child’s future in a global village and in a world fraught with dangers. Material education alone is not adequate. Children must be given human and divine education as well. Such a balanced education is the best preparation of children in the 21st century. They must be inspired to become proactive leaders of thought and prepared to bring about profound social transformation. Children’s consciousness must be widened to envelop the whole world.

No one feels the pain of these young students, their anxious concern for the future and their enormous potential to make a difference more than the Gandhis who believe that a school must inspire human greatness and bring out human nobility.
It must produce fruits. School must be the lighthouse of society and lead the way. CMS believes that children are the single most powerful common denominator for all the nations of the world and their safety and security are the issues which no one can ignore.

A LETTER FROM GRENADA AND A JUDGEMENT OF THE SUPREME COURT OF THE PHILIPPINES

In this connection, it is also pertinent to mention (1) a letter received from Grenada written by two children and (2) the judgement of the Supreme Court of the Philippines which strengthened their resolve to work for the children of the world.

LETTER OF A CHILD FROM GRENADA (WEST INDIES)
Children’s worry is expressed in a letter (printed on the right) received from two brothers — Nathanael Daniel and Randy Daniel from Grenada (West Indies) — dated 7th December 2001, who wrote,“It is advisable further to protect our right to play, our right to rest, our right to be educated, our right to be loved, our right to eat, our right to live peacefully... Because of our numberless needs at our young age and because of our numberless demands when we get old, let us join hands and plan the future. May your country (India) be the exemplary leader to open the paths to a wonderful and flourishing world."
JUDGEMENT OF THE SUPREME COURT OF THE PHILIPPINES
Rights of children, minors and those yet unborn, to file a petition concerning their rights to a balanced and healthy ecology to sustain the health and life of minors has been upheld by the Chief Justice of the Supreme Court of the Philippines, Hon’ble Mr. Justice Hilario G. Davide, Jr., as underlined in the box at the right.

WORLD PEACE IS THE FRUIT THAT WILL GROW ON THE TREE OF WORLD UNITY
People want fruits but if they don't plant trees, how will the fruits grow? 'World Peace' is the fruit that will grow upon the tree of 'World Unity'. We must, therefore, try to unite the hearts of men and women in the interests of the common denominator of the entire humanity that is, the children of the world.

As the world’s largest school recognised by the Guinness Book of World Records and as the recipient of the UNESCO Prize for Peace Education 2002, the CMS family feels duty-bound to promote the spirit of Article 51 of the Constitution of India and to educate the world about its legal and constitutional persuasive authority. CMS has, therefore, established a separate Department of World Unity and Peace Education.
Judgement of the Supreme Court of the Philippines
“Rights of Children born and yet unborn”
In the case of Oposa V. Factoran, Chief Justice, the Honorable Hilario G. Davide, Jr., eloquently upheld the right of minors and those yet unborn to file a petition concerned with the right to a balanced and healthful ecology. Sustaining the position of the minors, he ratiocinated thus —
“This case, however, has a special and novel element. Petitioner minors assert that they represent their generation as well as generations yet unborn. We find no difficulty in ruling that they can, for themselves, for others of their generation and for the succeeding generation, file a class suit. Their personality to sue on behalf of the succeeding generations can only be based on the concept of intergenerational responsibility in so far as the right to a balanced and healthful ecology is concerned. Such a right, as hereinafter expounded, considers the ‘rhythm and harmony of nature’. Nature means the created world in its entirety. Such rhythm and harmony indispensably include, inter alia, the judicious disposition, utilization, management, renewal and conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources to the end that their exploration, development and utilization be equitable accessible to the present as well as future generations. Needless to say, every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. Put a little differently, the minors’ assertion of their right to a sound environment constitutes, at the same time, the performance of their obligation to ensure the protection of that right for the generations to come.”
— Quoted by Hon’ble Madam Justice Consuelo Ynares-Santiago
Associate Judge, Supreme Court of the Philippines
at the 1st International Conference on Article 51 of the Constitution of India
held on 6th May 2001 at CMS, Lucknow
IMPLICATIONS OF ARTICLE 51 OF THE CONSTITUTION OF INDIA
Here it would be pertinent to recall Article 51 of the Constitution of India which, inter alia, provides, “The State shall endeavour to ... foster respect for International Law.” It should be noted that Article 51 of the Constitution of India says “the State ‘shall’ endeavour,”. It does not state that the state ‘may’ or ‘should,’ implying that the State has to endeavour and therefore, we have no choice in this regard. Moreover, the word ‘State’ denotes the government, and each and every citizen of India who owes allegiance to the Constitution of India.

THERE IS NO ENFORCEABLE INTERNATIONAL LAW TODAY
The fact is that there is no enforceable international law existing in the world today that is equally applicable to all the countries and peoples of the world. What is generally referred to as ‘International Law’ refers to conventions and treaties between two or more countries and not duly enacted ‘International Law’. Moreover, a law that does not carry a penalty for its violation cannot be called a law at all. In this sense, there is indeed no international law in the world, in the absence of which there is total lawlessness as reflected in the increased instances of international terrorism and stockpiling of weapons of mass destruction by various countries of the world. (There are nearly 36,000 nuclear bombs in the world: Russia 22,500, USA 12,070, France 500, China 450, UK 380, India 65 and Pakistan 25. Apart from the above, 80 countries in the world have stockpiled chemical and biological weapons of mass destruction).

CHILDREN’S SITUATION IN THE WORLD TODAY
A recent report of the Washington-based Population Research Bureau states that over THREE MILLION children die every year due to pollution, while another study by the National Geographic says that over 19,000 children die EVERY DAY due to starvation. Clearly, there is an urgent need for immediate action to safeguard the rights of the world’s children.....