The Guiding force of Narayanashrama Tapovanam &
Center for Inner Resources Development

Swami Bhoomananda Tirtha


Tuesday, February 4, 2014

Protection of Dharma unavoidable in code of Law

28 January 2014
[On the 4th day of the Aatma Tattva Sameeksha Discourse Series
based on Ashtavakra Samhita in Thrissur, Kerala
1.      The founders of Indian Constitution have not cared to mention India as our Motherland anywhere in it. Not only that, instead of displaying pride and honour for the greatness and glory of our ancient culture which is thousands of years old, they have upheld as examples the so called Western cultures which are barely a few hundred years old. This only shows the shallowness of their awareness and concern for our great culture and cultural heritage.
2.    The Law and its enforcement though unavoidable, have great sanctity, sublimity. The ultimate authority, the final word and assurance for independence and upkeep of individual, family, society and government rests with the Law and its principles. All people are subject to Law of the land, including the guardians of Law as well as the Government.
Though Law and its system of rules are supreme in their importance, it becomes meaningful only when purity and rationality is ensured in its observance and implementation; else it will be the unfortunate condition of the fence eating the crop.
Recently in case, the court found that the charge sheet filed by the prosecution, after prolonged investigations, was unfounded; the court then rejected it. In some other instances, the court ordered re-investigation finding that the investigations were not based on facts. Such instances only serve to agitate the mind and unsettle the confidence of those who are eager to abide in Dharma. The people will begin to feel orphaned coming to know of these instances. The confidence of common people is gradually declining in the nobility of Law and in the measures to implement it.
This demotes the status of the Ministers who advise the law administrators on policy.
The case charge-sheet and charges were rejected as false by the court, only after the poor innocent victims had already undergone physical and mental torture for nine long years in jail. This incident in which the upholders of Law had themselves become the accused is no credit to any civilized Nation.
Legal ideology, surely does not permit such blatant unruliness. It was right before the wide open eyes of the department secretary, the higher officials including the Minister, that such dirty actions were taken, like a cat stealthily drinking milk with its eyes shut.
In imposing untenable accusations and allegations, in the different stages of investigation, how did the senior officials choose to be indifferent, turning a blind eye? Does our system of Law permit this? Is not such a state of affairs the result of hanging on to inefficient traditionalism? This is a question that all thinkers on Dharma ask. Such lapses and mistakes are a great slur and challenge to the legal system which is supposed to protect and uphold civil rights and liberties in out Nation.
3.       It is an unquestionable fact that everyone, including the Legislative Assembly, the Government, and the courts of Law, are subject to Law. The Laws passed by the Legislative Assembly must conform to the principles of Law. The decisions of the Courts too must follow the same principles. This is an un-negotiable requirement as much as it is for the citizens.
It must be fully acknowledged that the State Legislature is the supreme authority to pass Laws and bring them into effect. Creating obstacles to this in the name of Religion and Faith is to sabotage the Rule of Law. We do not have a government based on Religion; nor do we want it. Just as we have a common criminal code, it is imperative that we have be a common civil code also to protect the rights of women and ensure their equality in society. This has been promised by the Constitution itself. Only if the commitments made by the Constitution are fulfilled by resolving all objections and reservations on this through honourable negotiations, discussions, and peaceful means, will the integrity of our Nation be secured. Any delay or indifference towards this will only be exhibition of impertinence and audacity towards the Constitution of India.
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