“The concept of law is built on the foundation of human values .. If human values are lost, the edifice of the judiciary will collapse,”
said Dipak Mishra, Former CJI in his inaugural address at the ‘Human Values and Legal World’ conference, 2018.
The foundation of jurisprudence in India, dates back to the times of ‘Dharma Sabhas’ where justice’s multi-layered connotation had one superimposed theme of ‘Sarve Bhabantu Sukhina’ – the quest for the larger good. In the current scenario of internet boom, the world becoming a global village and AI and Data making machines interacting with humans like never before, the inevitability of having a human touch and principled direction towards being good in the judiciary realm is the maximum. Justice is not merely right determination and adjudication of disputes and enforcement of Law, but is so comprehensive in its meaning and import that it takes with in its ambit the whole of political, social, juristic and moral idealism. It is so, because Justice has reference to the whole of human existence which we want to realize by our thought, will and action. The mystery of Justice cannot be unravelled by human reason, logic or language completely. It has greater appeal to human soul. Justice as reality is only fully reflected in our conscience and felt through our intuition. Jurists and philosophers have seen in the concept of justice their own ideal. To Plato Justice is realization of ‘Good’ which can be achieved in society by doing one’s own duty according to one’s station in life otherwise, Justice achieves ‘Good’ by retribution; .To Aristotle Justice in its general meaning is ‘righteousness’. In its particular meaning it means proper or equitable distribution of the goods of existence, correction of wrongs and exchange of goods. It has thus distributive, corrective and commutative functions.
Ram Rajya or the ideal society with ideal governance was the vision of leaders like M K Gandhi. While India has come a long way in material development since the days of Independence, still, there are many big challenges facing the country. Divine bliss and happiness can only be established through a righteous value system. Development or governance without spiritual insight cannot lead to lasting prosperity. In the Bhagwad Gita, God says He manifests in this world to uplift the righteous, destroy evil and re-establish righteousness in every age. This is depicted in the Mahabharata in the form of a war where God, as Krishna, is shown helping the five Pandava brothers defeat the mighty army of the Kauravas to claim their rightful kingdom.
The onus of creating Bharat’s future of a golden era characterised by not just material prosperity and social justice for all but also by a high moral and spiritual culture rests not with not only with social justice but also all the portals of the justice delivery system where lawyers and advocacy is a crucial driving force. Thus in order to understand the relevance of a balanced approach between pragmatism and spirituality for an holistic advocacy, we need to peek at the lawyer decision making journey process right from the instance he is handed over a brief to understanding the brief’s perspective to aligning it with the modern day judicial parlance and finally presenting it to the judges. Each touchpoint across the journey is laced with key decision making catch, developing a view-point and with time a potential stress cap. Thus an enriched spiritual framework offers a balanced prism to understand and undertake this journey holistically.
Materialistic western Jurisprudence that is that the by-product of exploration of matter, development of life and its values, promotion of prospects of fabric comforts, turning towards territorial step-up, germinating unpeaceful ideologies, nurturing or nurtured by disharmonies of social and individual existence cannot think about non secular thought like that of Dharma to unravel the issues of Law and life. With less religion in faith and inward inquiry to grasp the last word truth of life, the western mind saw conflict, strife and struggle because the essential nature of life . To reconcile conflicts and to balance opposing interests with none respect to faith or God whose authority began to be challenged, the West wanted the laic belief of Justice that had a fighting and overcoming potentiality with enough militance. the employment of equalisation and activity virtue of justice to choose the conflicting claims of society, State and individual interest, was resorted to however it verified vainly. therefore currently it appears that the western mind is wanting to another philosophic expedients within the name of justice to urge solutions and relief’s from the multifaceted up to date issues and prevailing maladies of contemporary life. To the traditional Indian mind. the thought of Dharma silent the thought of justice to address all the exigencies of life. Dharma wasn’t just the code of human conduct and regulation of life intimately, it had been the truth itself because the counterpart of Brahman that was its metaphysical expression. the last word reality mirrored by each Dharma and Brahman was represented as ‘Sachidanand’, that accepted of ‘Sat’ as universal existence ‘Chit’ as universal consciousness and eternal Annand as blissfulness. Existence ends up in information rightness, reason and truth, consciousness ends up in can, power, action etc. and ‘Annand’ ends up in satisfaction, happiness, peace, welfare etc.
From this time of read Dharma is justice as a result of it’s the expression of Right, Truth, Existence etc., that conjointly implies information and virtue. Dharma as consciousness implies can, desire, power and action for reformation and regulation of life. Dharma as blissfulness implies real satisfaction- material similarly as non secular. The latter is additional enduring and is said to soul because the former is said to body as sensual pleasure. Dharma as right or Justice prevails over wrong or adharma or injustice.
In ancient India the conception of Dharma was the synthesis of law, faith and morality. It delineated the truth it self and also the whole of ‘Right and Truth of human life. it absolutely was the spirit of Justice and also the success of fine over evil. currently we have a tendency to sleep in multi- spiritual, multi lingual plural society. The word ‘Dharma’ as Justice could appear not thus representative of all the individuals of Republic of India because of its fashionable which means as ‘religion’ solely.
However we want another conception like Dharma which may represent Justice as a full. In Ancient India Dharma was thought-about because the complete constitution of our ancient Indian Society. currently our Constitutionalism represents our Dharma and justice that balances and harmonizes democracy with presidential style of Government, preambular declaration of liberty, equality and fraternity with emergency powers, and basic rights of people with economic and social goals of Directive Principles of State Policy. therefore Indian Constitution makes India a state to enforce socio economic justice more and more. it’s articulated the aim to determine a socialistic pattern of society. Additionally to create Indian individuals as right aware yet as duty aware our Constitution has given place currently to the elemental Duties of voters. Our Constitutional religion in peaceful co-existence; internationalism etc. shows our resolve to get the sturdy foundation of a ‘Just Society’. Our constitutionalism is that the new incarnation of our recent conception of Dharma that expresses our can and determination to uphold justice in each walk of lifetime of the Indian individuals.
In the recent times where the justice delivery system is being gauged by media trails and the extent to which justice appeared to be served to the mass than the finer delicacies of the legal prudence. Be the huge uproar in society during the encounter of the Hyderabad Rape Accused vertically splitting the society is its praise or Admonishment or be in case Sheena Bhora’s was brutal and intertwined murder, the modern Indian society and GenY Indian wish the justice delivery system to be vivid, agile, interactive and justice must appear to be done which makes Spirituality more
relevant than before to strike the perfect balance between the three vertices of the triangle of Legal facets of the case, The quest for achieving the Greater Good for the society and the Modern day for the legal fraternity to produce instantaneous and exemplifying justice.
“Modern Day’s Jurisprudence & Spiritual Prism- An Indian Context”