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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.
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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." |
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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.
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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.”
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—
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 |
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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..... |
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