- By Justice Devi Prasad Singh
Judges discharge divine duty. Rich and Poor,
happy and sad; all are equal in dispensation of justice. On His
thrown are placed side by side the royal crown and
beggar’s mono chord His law is justice. The law is not created
by any human conqueror for a particular concerned people, but by
global humanity from its realization of truth. It belongs to
universal truth. Thus, Judges are instruments revealing of the
Truth. It is the law of Supreme God. Judges have to place the
instrument of truth to uphold not only the Constitution of
respective countries but also interpret and judicially legislate
law securing the interest of the coming generation. However,
ultimately, in democratic country, the ultimate power vests in
the hands of legislature and bureaucrats and in monarchy, in the
king. What Herbert Spencer said long back is still true that
greater portion of the people’s energy should be devoted to
political reform while keeping alive warm smooth for social
reform. The system to cheque and balance provided in the
constitution of a democratic country, needs to energise more, to
meet the challenges which the world is suffering and may suffer
more seriously in near future.
Starvation, water related disease, premature
death, death during birth, malnutrition, terrorism, global
warming and so many other politico, legal and environmental
problems, disturb the world’s peace, harmony and development.
UNESCO’s World Water Development Report (WWDR,
2003) from its World Water Assessment Programme indicates that,
in the next 20 years, the quantity of water available to
everyone is predicted to decrease by 30%, 40% of the world’s
inhabitants currently have insufficient fresh water for minimal
hygiene. More than 2.2 million people died in 2000 from diseases
related to the consumption of contaminated water or drought. In
2004, the UK charity Water Aid reported that a child dies every
15 seconds from easily preventable water-related diseases; often
this means lack of sewage disposal and bad sanitation system.
United Nations Development Programme sums up world water
distribution in the 2006 development report, to quote:
“While one part of
the world sustains a designer bottled-water market that
generates no tangible health benefits, another part suffers
acute public health risks because people have to drink water
from drains or from lakes and rivers”.
Francesco Sindico, a University research
fellow had presented a lecture at the International Conference
on Human Security and Climate Change. It was published in New
Zealand Journal of Environmental Law Vol. 9 pp. 209-238 in
the year 2005 and has also been published in ‘The Icfai
Journal of Environmental Law’, January, 2007 Vol. VI No. 1
wherein he has observed that world is gradually moving towards a
situation where the countries shall fight each other to get hold
of waterbodies, rivers and reservoirs to meet out their
requirements.
Every year, about 5,36,000 women die during
giving birth. (Time Dt. 29.9.2008). In some poor nations, dying
in childbirth is so common that almost everyone is a known
victim. In some poor countries the ratio of death during
childbirth is one in 8. On the other hand, in the U.S. the
lifetime chance that a woman will die in childbirth is about
ratio one in 4,800 and in Britain the ratio is one out of 8,200.
Death are heavily weighted to the poorest and most isolated in
each country, which means that many politicians of
underdeveloped or developing countries are ignorant of the scale
of the tragedy or they have a no sense of duty for their
constitutional and moral obligations to their people. Persons
residing in urban area, do not know what is happening in their
own country in rural. Though, many die in hospital during child
birth but researches reveal that riskiest birth are those who
are without any nurse, midwife or doctor or attendants and that
constitute 35% of all the world’s births. In addition to this, a
long problem like uncleaned instruments and poor quality of
water are the other reasons.
According to reports (In Sunday Express dt.
7.12.2008 Lko. Edn.), the matrimonial mortality rate in India is
301 deaths on every one lakh pregnant women and in Uttar Pradesh
it is 517. In the state of U.P., 28,000 women die every year.
Thus, 211 pregnant women die every day in India, and 75 of the
deaths are recorded in U.P. 15 of the 75 women die due to
anaemia, caused by excessive bleeding during childbirth.
According to reports, because of global
temperature increase, ice near the poles melts at an increasing
rate. As the ice melts, land or open water takes its place. Both
land and open water are on average less reflective than ice, and
thus absorb more solar radiation. This causes more warming,
which in turn causes more melting and this cycle continues. The
warming is also triggering variable for the release of methane
from sources both on land and on the deep ocean floor, making
both of these possible feedback effects. Methane discharge from
permafrost is presently under intensive study. Warmer deep ocean
temperatures, likewise, could release the greenhouse gas methane
from the ‘frozen’ state of the vast deep ocean deposits of
methane clathrate/methane hydrate etc. Ocean ecosystem ability
to sequester carbon are expected to decline as it warms and
after some decades, because of its effect some of the cities
existing on coastal area, may submerge to some extent like
“Dwarika” an ancient holy city was submerged into ocean.
Late Philip E. Clapp, former President of the
New York City-based National Environmental Trust, warned,
“Global warming is no longer just an environmental issue. It is
a rapidly advancing human crisis threatening millions of people,
which could undermine the shaky political stability of several
other countries. “Expert says that change in climate may be root
cause of several wars in coming days. Exploitation of natural
resources without any check or regulatory measures causes threat
to the survival of human race. Unsustainable development because
of political and bureaucratic interest without giving heed to
the reports of environmentalists, may be disastrous and majority
of developing or under developed countries may suffer great
human calamities in near future. Because of unchecked pollution
and deforestation, fresh air shall be more precious than the
gold, jewel or diamond.
Every person borne on this earth, has got certain legible
rights. They include right to clean and healthy environment and
right of pursuing life's basic necessities enjoying and
defending their lives and peace, acquiring, possessing and
protecting property subject to permissibility under the law and
seeking their safety, health and happiness in lawful manner.
However, enjoying these rights, every person recognised
corresponding responsibilities. It is not possible to protect
these rights only through State machineries. Every citizen
should be conscious to protect and perpetuate the healthful
environment and coming generation may also be taught
accordingly. Law with regard to public trust and sustainable
development should be enforced with all vigour. The community
participation in environmental interest resource management
should be secured from gross root level and people should be
made aware with regard to importance of environmental protection
and ecological balance.
From time to time, Supreme Court of India as
well as high courts and supreme courts of various countries have
given recognition to the concept of entire generational
understanding. Every person has responsibility to the next
generation to preserve the environment for the full enjoyment of
a balanced and healthy atmosphere. Right to life, right to
quality of life, right to live with dignity in a healthy
atmosphere should be secured for generations to come. Right to
development should be fulfilled so as to meet equitable
development and environmental needs of the persons and future
generation.
Human Rights Resolution 1995/14: "Human
rights and environment recognised, to quote:
“Environmental
damage has potential negative effect on human rights and the
enjoyment of the life, health and a satisfactory standard of
living.”
The concept of sustainable development provides a viable
framework within which to situate the environmental rights of
children, particularly in terms of applying existing human
rights. However, the concept of sustainable development should
not be confused with the idea of development per se, as
development may not always be sustainable and does not
necessarily relate to development in an environmental context.
Primacy should be given for the protection and preservation of
environment over the development activities in case we have got
little sense for the survival of coming generation.
According to report, in terms of
environmental contaminants and pathways, “children breathe more
air, drink more water and eat more food than adults do per unit
body weight and this higher rate of intake results in greater
exposure to pathogens and pollutants. Equally, on account of
their narrow airways children have a more rapid rate of
respiration. As a result, in polluted areas, children inhale
more pollutants per kilogram of body weight than adults. (UNISEF
Children in the New Millennium and Environmental Impact on
Health 2002).
According to UNEP-UNISEF-WHO, asthma is the
leading chronic disease among children in developing countries.
In the United States alone, asthma affects 4.8 million children
under the age of 18 and asthma related hospitalization and death
rates are increasing. Air pollution, both indoor and outdoor, is
one of the triggers for asthma episodes. High concentrations of
ozone in the air have been directly linked to the development of
asthma in children exercising outdoors. The children under 15
years of age bear 15.4% of the global burden of disease
associated with environmental factors. Such diseases include
Acute Respiratory Infections (ARIs). The biggest causes of
childhood morality are ARIs caused by bacteria that thrive in
unclean environments, diarrhoeal diseases and malaria. Nitrate
absorption has also been linked to blue baby syndrome. Children
are not only affected in terms of direct health impacts. There
are other issues that are either a symptom of, or contributor
to, environmental problems, issues or degradation that may also
impact on the life quality of children or render children
vulnerable. These include personal displacement, food security
and standard of living. 149 million children are currently
malnourished with two thirds of them located in
Asia. The
absolute number of malnourished children has also increased in
Africa.
The more we go deeply, the more we will find
the problems are acute. Needless to say that environmental
damages has direct effect on the enjoyment of human rights such
as right to life, right to health, right to a satisfactory
standard of living, right to sufficient food, right to housing,
right to education, right to work, right to culture, right to
non-discrimination right to dignity and harmonious development
of a man's personality including security and safety of family
with peace of life.
In the United Nations, Conference on Human
Environment in Stockholm, 1972, Smt. Indira Gandhi then Prime
Minister of India, on behalf of this country, had cautioned the
world with regard to environment hazards and stated, to quote:
“One cannot be
truly human and civilised unless one looks upon not only all
fellow men but all creation with the eyes of a friend.
Throughout India, edicts carved on rocks and iron pillars are
reminders that twenty-two centuries ago Emperor Ashoka defined a
king's duty as not merely to protect citizens and punish
wrongdoers but also to preserve animal life and forest trees.”
Again, the then Prime Minister proceeded to
observe as under:
“The environmental
problems of developing countries are not the side-effects of
excessive industrialisation but reflect the inadequacy of
development. The rich countries may look upon development as the
cause of environmental destruction, but to us it is one of the
primary means of improving the environment for living, or
providing food, water, sanitation and shelter; of making the
deserts green and the mountains habitable. The research and
perseverance of dedicated people have given us an insight which
is likely to play an important part in the shaping of our future
plans. We wee that however much man hankers after material
goods, they can never give him full satisfaction. Thus, the
higher standard of living must be achieved without alienating
people from their heritage and without despoiling nature of its
beauty, freshness and purity so essential to our lives.”
[1500-2000BC]
Long back our forefathers in the great treatise Atharvaveda said
that the natural bounties are as precious as our lives and think
to become immortal to enjoy earthly pleasures. I wish to read a
hymn from Atharvaveda to quote:
“Man's paradise is on earth;
This living world is the beloved place of
all;
It has the blessings of Nature's bounties;
Live in a lovely spirit;
Do not die before your assigned time.
Remember anything which is born must die,
But die not a thousand deaths
Before your destiny calls you.
(Atharva.5.30.6)
Terrorism has become a way of life. We do not
know whether we will return home safe after doing our job. There
appears to be inaction and ill-managed state of affairs dealing
with the terrorism. Thanks to media because of which we become
aware of what is happening worldwide.
In India since 2004, about 4000 persons
succumbed to injuries caused by the bullets of terrorists.
Report of Transparency International with regard to rampant
corruption in all three wings of governance is alarming.
Media is a powerful weapon to change the
society but journalism also today, seems to be in danger. To
some extent market forces and political interest are changing
the role of journalism. Because of speculator change in the
field of information, technology, media may play great role to
arouse the conscious of the people to fight against the odds in
the society but the media has also suffered great set backs from
the muscle men according to report of Reporters Without Borders.
According to the "Reporters without
Borders", in 2003, 42 journalists lost their lives while
pursuing their profession and that, in the same year, at least
130 journalists were in prison as a result of their occupational
activities. In 2005, 56 journalists were kidnapped, 63
journalists and 5 media assistants were killed, at least 807
media workers were arrested, 1,308 media personnels were
physically attacked or threatened and 1,006 media outlets were
censored. According to a report, on March 21, 2006, 137
journalists and 60 cyber dissidents were confined in various
prisons. In 2006, 82 journalists and 32 media assistant were
killed, at least 871 media workers were arrested, 1472 media
persons were physically attacked or threatened and 912 media
outlets were censored. Recently, in Mumbai (26th to 28th
November, 2008) media men at the risk of their life played great
role to inform the world with regard to the terrorists attack.
Some of the media men suffered injuries. These figures show that
the persons associated with media, press or electronic media are
under constant threat which is constantly on rise. In majority
of the countries where the press or media have been gagged and
media persons have been assassinated or persecuted, it has been
noticed that the judiciary in these countries are either not
independent or committed or loyal to ruling class.
The problem which the majority of the
population of the world is facing is enormous. Downfall of
morality and values may be of disastrous consequences. Political
figures have their own compulsions. In such scenario judicial
fraternity must be manned by learned, honest and upright judges
keeping reasonable distance with politicians. Meeting of mind or
nexus of the members of judiciary with the politicians and
bureaucracy is antithesis to rule of law and democratic norms.
In present state of affairs, an upright and honest person
suffers more adversities and opposition than those who are
moving with the flow of dirty water. But it does not mean to
give up the fairness and honesty in action. Pluto's protests
that there would be no government in the world unless
philosophers become kings, may be treated as human perfection
and should be a sort of fusion between high thought and just
action. In the great war of Mahabharata, Arjun was perturbed by
various duties realistic and ethical, that the war will result
in confusion of caste and indifference to the ancestors as well
as in the violation of sacred duties for reverence for teachers
etc. Lord Krishna told him not to worry about these laws and
damages but to trust Him and trust His will. Lord Krishna
advised Arjun that if he consecrates his life, actions, feelings
and thoughts and surrender himself to God, He will guide him and
consider fate of life and he need have no fears. If we are to
realise our destiny, we must stand in naked and guileless before
the Supreme. We now and then try to cover ourselves, up and
hide the truth from law. Truth is supreme and truth is God
and truth is nature and it is our duty to protect the nature and
fight with the wrong doers by judicially and justly discharging
our assigned duties. It is said that God help those who help
themselves. Judges must make an inroad in the complex problems
to secure the interest of coming generation.
Even Mahatma Gandhi the propounder of Ahinsa
or non-violent, once said, to quote:-
“A government
cannot succeed in becoming entirely non-violent, because, it
represents all the people. I do not today conceive of such
golden age.”
Not only the terrorism but corruption,
castism and communalism must be dealt with firm hand through an
independent body. Judiciary should be geared up to decide cases
involving related crime promptly giving maximum priority or
preference.
Civilisation is the mode of conduct which
points out to man the path of duties. We are civilised only on
surface underneath the cannibal lives on and perpetuate. It is
the animal instinct which in case permitted to remain unchecked
causes great human pain and sufferings to humanity in the form
of terrorism and exploitation in different manner.
I do feel that the steps taken by our
political leaders, are not sufficient and forceful to meet out
the challenges which the world or our country is facing and
likely to become more serious in coming days. It requires
consistent efforts with meeting of mind, unanimity and feeling
of mutual co-existence with commitment to move in right
direction.
The task of judges is to drop a pebble into
the pond of time, even if we may not see the ripple touching the
distant shore. We may plant the seed but may not see the harvest
which lies in the hands higher than our own. But sure the future
generation shall be benefited. According to “Gita” man is term
of transition. Man should be conscious of his own, to rise from
his animal ancestry to divine deal. The pressure of nature,
heredity and environment can be overcome by the will of man.
I wish to conclude reciting a couplet of Sri
Aurobindo:-
“I have been digging deep and long
Mid a horror of
filth and mire...
A voice cried, “Go where none have gone !
Dig deeper, deeper yet
Till though reach the grim foundation stone
And knock at the keyless gate.”
***
|