SPIRITUAL EMPOWERMENT FOR JURISTS

Justice Dr. AR Lakshmanan
Chairman Law Commission of India

Empowerment of the jurists, is the need of the day, to rejuvenant them to fulfil the expectations of the society and repose faith and confidence in the justice delivery system.

Law enforcement or sustenance of law and order is becoming a prime issue day-by-day. The quantum of piling of the cases in the Courts and the cumulative growth in its rate is giving us an indication that there is a need of deep concern in this matter, worldwide. Merely increasing the number of courts and the number of Judicial authorities may not be the solution for this. There is a need for an attitudinal change and overall structural change in the society, which should be brought about in all walks of life of the community. The increase in the number of people, approaching the Judiciary for proper justice shows their confidence of getting proper justice from the Judiciary but the matter of concern is that this increase is proving to us that there is a constant increase of injustice, outside, in the society.
The basic spirit of our Constitution is to provide each and every person of the nation irrespective of race, religion, caste, community and social status with equal opportunity and the structure of the Constitution is built with the bricks of moral and ethical values, which have really made the whole nation stand inspite of facing so many adverse situations.

Though the Judiciary is only one of the three organs of the State, it plays a very responsible role in building up the confidence and integrity of the nation. It is like the foundation of the nation. This is the reason, which make the jurists of the country to think about the future of the nation. Is it not the time to think about some permanent solutions for these problems? Is it not the time to bring about a change in the attitudes of the people? Is it not the time to make them realize more about their responsibilities along with their rights? It is said that “Prevention is Better than Cure”. Doctors deal with the problems of physical and mental health of the patients. It is said that the social health is also an important factor. However, the jurists are those doctors who take care of the overall social health of the society at large. Only when there is a problem in the social health, a person approaches a jurist – doctor of social health spending so much of our time and resources to find out some suggestions for preventive measures. Yes, Prevention is Better than Cure in many ways. The punishment and sentence, we give, is in principle to bring about a change in the behaviour of a person or criminal. The very spirit is to make him realize the mistake and change his behaviour. Any effort in bringing about this realization before breaking the law is highly appreciable and is in act, strengthening the law and order of the nation. The value system of the culture of our nation is in fact protecting the structure of justice. There is a need to strengthen this value system. Values like; truthfulness, non-violence, self-less services, honesty, tolerance, sincerity etc., when inculcated with dedication will solve so many present day problems. It will promote a natural law abiding culture. It is wonderful to note that the basic spirit of spiritual education of any religion is primarily based on inculcating such values as universal brotherhood. It means to see every human being as a child of God and as his own brother. Then he shares his resources with his brothers who are in need of it. Spirituality teaches selfless service and having a feeling of global family. When spirituality is inculcated in practical life, a person becomes a natural embodiment of moral and ethical values.

The nation should, now, give birth to a new generation with tremendous strength of moral values and with an uncompromising Will towards the spirit of truth, justice and non-violence. This is possible only when the older generation sets an example before them.

The spirit of our profession is not calculative by arguments for winning over the case, but is for the protection of justice.

Legal profession has a vital role to play in the administration of justice, not merely as representing one of the parties to the litigation but as officers of the courts. The profession is a commitment to the people to protect their legal and fundamental rights, but unfortunately over the years it appears to have put its true purpose on a back burner and allowed aggressive materialism to overtake it. Moral values and professional ethics have suffered in the bargain. The bar and the bench have to act collectively to retrieve the image of the profession by taking stringent steps against malpractices and their practitioners.

For discharging the judicial obligations, many challenges have to be met in order to provide inexpensive, speedy and unpolluted justice to the peoples. We should respond to the hopes and aspirations of the citizens.
Unless the justice delivery system functions smoothly, cordially and effectively and maintains balance between love and law, it will loose its vibrancy in delivering the justice. The function of judiciary is to administer justice, according to law and in doing so the system must respond to the hopes and aspirations of the people who have reposed confidence in the judiciary to secure justice. The progress of society depends upon proper application of law to the needy in achieving the constitutional goal i.e., justice, liberty, equality, peace, purity and happiness. We believe that once upon a time Satyuga – (Paradise – the age of Truth) existed on this earth. But presently we are living in a world of fear, insecurity, distrust, intolerance, hatred, violence and injustice. We are living in a world where human, moral and spiritual values stand at a distance. Consequently, happiness, which is the birth right of every human being, has become an elusive dream. The man is suffering from hopelessness, carelessness and depression. Material progress is like a squeezed sugarcane, devoid of its juice and sweetness. The root cause of the global injustice is because of sex, anger, greed, attachment, arrogance, alcoholism, obscene literature, peacelessness etc. The evils like eve-teasing, rape, abduction, prostitution, use of filthy and abusive language, obscenity in art and literature as well as on screen and stage, exhibition of some human nude pictures in commercial advertisements, instances of divorce and the suicide and various kinds are all attributable to sex and lust. Renunciation of this vice of sex will lead to establishment of a healthy society. Similarly, if the vice of anger, hate and malice are eschewed, for establishment of peace in the globe, we would establish peace within us. Self-transformation leads to the universal transformation.

The present day society requires only those quintessential, fundamental principles, whether within history, philosophy, ethics, culture, jurisprudence or other disciplines, which ennoble attitudes and behaviours and which improve human understanding and the quality of life. It is the need of the day to introduce value based education in legal system and in law colleges. Create men and women of character, based on the values and integrity.

The message to the jurists is that the jurists must be fair, righteous, upright in their work or profession and in all other walks of life. Jurists shall work together in achieving the goal of the jurisprudence and spiritual prudence in promoting the culture of peace, justice and harmony. One must devote some time, daily, on introspection, meditation, silence and study for our spiritual and moral development. One shall endeavour in affirming the brotherhood of all human beings for achieving the spiritual values and divine qualities. “Be good and do good’. Sarvey Jana Sukhino Bhawantu (Universal Love and Benediction) as is being imparted by this spiritual organization. We shall endeavour at all stages of life in rendering positive and substantial justice to all, more specially to the poorer and under privileged section of the society, with affordable cost and quicker pace for achieving a purified and holistic world.