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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