Tuesday, June 21, 2016

837. Why do we feel our judicial system failed???

My motherland had a unique way of dealing with law and it was a doctrine and was termed “Maanava Kalyana Siddantha.” The subject in this doctrine dealt with benevolent of mankind. One of the limbs of this doctrine was “Nyaya Shastra” (Science of Logic). Animals have one Nyaya (Logic) where they relied more on their strength and that is how “Survival of the Fittest” was the dictum of their style of living. We humans have “Vignanamaya Kosha” (Intellectual Sheath) and this make us different from the other species. Therefore it was not by strength we need to live. While animals concentrate on SEED (Sleep, Eat, Enjoy and Defend) we humans have the capacity to think beyond that and experience the universal harmony based on mutual understanding, friendship & love. Hence there was this Nyaya Shastra to guide us achieve it.
The main aim of formulating Nyaya Shastra was to live without Vivaadas (Disputes). Every human has a natural desire for life and it is Kama (Wantons) and to fulfil it he takes refuge to Artha (Wealth). When he acquires wealth is accordance with Dharma (Righteousness) it does not disturb the harmony of the society. To know how to acquire anything for that matter the guide was in Dharma Shastra (Science of Righteousness). This Shastra was the collection of principles to direct an individual to achieve Artha to fulfil his Kama without any distractions or difference of opinions. As it was just a Shastra it only unfurled a set of Niyama (Rules). These rules were just a Diksuchi (Indicator), and initially everyone due to their individual interest followed it. Later on it got diluted and there were few who violated them stating their convenient way of understanding the Shastra.

Then the Rishis thought of a “Nyayadheesha” (Judge) who had to be proficient in “Vivaada Nirvahana Pranali” (Course to Exterminate Dispute). A judge had to learn what the problem was and how it manifested? What were the influential causes? Was there any natural disaster based cause? Or was it improper handling of Dharma Shastra? And most importantly the judge aimed at finding out the root cause of the Samasya (Problem) and trusted on Jnana Shakti (Power of Knowledge) to find the solution. Any offender who was into a vivaada would not use his Buddhi (Intellect) he would be operating from his Manas (Mental Realm) hence Jnana (Knowledge) would give him the clarity on what he was up to.

This knowledge part of Nyaya Shastra is called Vaidika Nyaya Shastra (Vedic Science of Logic). This science has many Sutras (Formulas) which assist the judge in helping the offender overcome the inferior state of mind and make him really human being. There was no physical retribution as the society then believed that “anyone can be modified with Love and Compassion.” They knew that Aparadha (crime) was committed due to a polluted mind. Hence it was more important to purify the mind. If observed those countries which implement horrified physical punishments and executions have failed to curb crime. 

It is high time we revive our old system of crime management with social psychology based awareness. This existing British system of tackling law is the root cause of all the problems in my motherland. Indian Penal Code is articulated by referring the British blueprint and if our ancient Vaidika Nyaya Shastra is implemented the cases pending before our High Courts and Supreme Court will be reduced. All such cases originate locally can be solved locally, then we can surely experience Rama Rajya…..What say???

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