Inspire Positivity

In 1977, as a young officer in the Central Water Commission, I attended a foundation course in Administration at the Lal Bahadur Shastri National Academy of Administration in Mussoorie. During this time, I was introduced to a poignant song by a well-known Bengali poet, Kazi Nazrul Islam, “Hao Dharmate Bir…,” which was adopted as the academy’s anthem. The song extols the virtue of adhering to one’s Dharma and duty without fear—a beautiful and inspiring thought! As a young man, one feels inspired by these thoughts and gradually learns about the twists and turns that are in store.

In the real world, we frequently witness instances where scoundrels exploit political and legal systems to evade justice, or if justice is served, it is often delayed, effectively denying it to society. I would illustrate this with another anecdote. There was a time when the State Bank of India contemplated negotiating a deal with Vijay Mallya to settle for less than what was due. During a visit to the bank, I discussed this with my group relationship manager, a well-educated individual. I posed a simple question: “Would the bank forego even a single month’s interest for a home loan borrower?” He replied in the negative. I then asked, “How is negotiating with Mallya justified?” He did not respond, merely smiled.

Upon reflection, I realized that while it was the bank’s Dharma to recover their money with full interest, they used their intellect to fulfil their immediate objective of trying to recover as much as they could, considering the lengthy and uncertain legal battle ahead. Though the deal didn’t materialize, it highlights the complex interplay between Dharma, intellect, and Vivek. While my professional duties did not require me to be involved in public administration, my interest in the subject stems from being a citizen of a vibrant democracy—India.

In legal and administrative contexts, we often encounter the phrase “application of mind.” What does this mean in terms of our rich ancient wisdom? Interpreted through the lens of our epics, it suggests “Following Dharma with Vivek.” In today’s blog, we will delve into this aspect, analysing both ancient and contemporary events. But before we proceed, it is essential to understand the terms Dharma, Intellect, and Vivek.

Understanding Dharma, Religion, Intellect, and Vivek

Dharma in Hindu Philosophy: Dharma is a multifaceted concept encompassing moral and ethical principles that uphold the universe. It includes:

• Moral Order: Righteousness, duty, justice, and virtue.
• Duty and Righteousness: Responsibilities based on social class and life stage.
• Law and Justice: Reflects cosmic order and societal harmony.
• Personal Ethics: Guides moral choices and virtuous living.
• Spiritual Path: Essential for spiritual growth and liberation.
• Universal Harmony: Emphasizes interconnectedness and balance.

Overall, Dharma guides individuals and societies toward righteous living and spiritual fulfilment. While often used synonymously with religion, Dharma is broader, encompassing moral, ethical, social, and cosmic principles. Religion, on the other hand, refers to organized systems of beliefs and practices cantered around worship.

Intellect (Buddhi): This is the cognitive faculty for reasoning, analysing, and making decisions based on logic and evidence. It implies analytical and rational abilities, often used for meeting objectives or planning strategically. For example, the management of a bank might use their intellect to recover assets, but their decision may not be righteous.

Vivek (Discriminative Wisdom): Often misunderstood as synonymous with intellect, Vivek represents the discerning wisdom that allows individuals to evaluate the righteousness of an action. Vivek foresees the consequences and distinguishes between reality and illusion, guiding one on the spiritual path.

Interpreting and acting upon Dharma with Vivek can lead to a better universal order. This blog considers two important characters, King Yayati and his son Yadu, and Bhishma, whose actions shaped the destiny of Aryavart in ancient times.

Brief Story of Yayati

Yayati, a prominent king, was known for his wisdom and valour but struggled with lust. He married Devayani, the daughter of sage Shukracharya, with a promise never to forsake her. However, Yayati fell in love with Sharmishtha, Devayani’s maid, and took her as his second wife, breaking his promise.

Enraged, Shukracharya cursed Yayati with premature old age. Yayati begged for mercy, and Shukracharya allowed him to exchange his old age with the youth of one of his sons. Yayati’s eldest son, Yadu, and his other sons refused, but his youngest son, Puru, agreed. Yayati regained his youth, and Puru was made his successor.

Examining Actions through Dharma and Vivek

Yadu’s Perspective: As the eldest son, Yadu faced a moral dilemma. Traditional Dharma dictated obedience to elders, but Yadu’s refusal to comply was based on personal selfishness, not a broader consideration of the kingdom’s welfare. According to the Bhagavad Gita, adherence to Dharma transcends personal relationships. Yadu’s decision was driven by intellect, not Vivek, as he failed to take a stronger stand against his father’s unjust demand.

Puru’s Perspective: Puru honoured his father’s request, gaining favor and the throne. While demonstrating filial piety, Puru lacked Vivek in challenging an unjust demand. The Bhagavad Gita emphasizes a purified intellect and determination, aligning with Vivek. Puru’s compliance, lacking discriminative wisdom, led to his ascension but also perpetuated Yayati’s unjust actions.

Bhishma’s Parallel: Bhishma followed his Dharma of reverence to his father, Shantanu, without exercising Vivek. His vow of celibacy, taken to fulfil his father’s desire, had profound implications for the kingdom. Had Bhishma applied Vivek, the history of the Kuru dynasty and the Mahabharata war might have been different.

Conclusion

Examining Yadu, Puru, and Bhishma through the lens of Dharma with Vivek reveals that a balanced application of duty and discriminative wisdom could have prevented many tragic consequences in the Mahabharata. These stories teach the importance of questioning and applying wisdom in adherence to Dharma, ensuring actions are just and in the larger interest.

Learning for Contemporary Context

The major learning is that those responsible for governance and justice should ensure their actions meet the requirements of Dharma (laws and procedures) and Vivek (discernment for righteousness) in the larger interest of society.

Example: Uttar Pradesh Government’s Actions to Bring Down the Properties Constructed by Mafia Dons

Examining the actions of the current government in Uttar Pradesh, such as bringing down properties constructed by Mafia dons, through the lens of Dharma with Vivek (discriminative wisdom), involves a careful balance of moral principles, justice, and societal welfare.

As brought out above, Dharma encompasses duties, rights, laws, conduct, virtues, and the “right way of living.” It aims at the welfare of society, the upholding of righteousness, and the maintenance of cosmic order. Vivek is the discernment or wisdom that enables individuals to distinguish between right and wrong, real and unreal, just and unjust. It involves thoughtful analysis and decision-making that goes beyond mere adherence to rules or traditions.

Analysis of Actions

Dharma:

In the context of Mafia activities, it is the Dharma of the government to uphold law and order, ensuring the safety and security of its citizens. By targeting properties built through illegal means by Mafia dons, the government is acting to dismantle networks of organized crime, which aligns with its Dharma of protecting society from unlawful activities.

In doing so, the government must apply Vivek, using discriminative wisdom to assess whether these actions are justified, necessary, and executed fairly. The government needs to ensure that these actions are not only legally sound but also morally justified, avoiding any form of misuse of power.

Impact of Actions:

1. Restoration of Justice: By targeting Mafia dons, the government seeks to restore justice to those who were unlawfully targeted by organized crime.
2. Deterrence and Prevention: These actions serve as a deterrent to other criminals, reinforcing the idea that unlawful activities will not be tolerated. This helps maintain societal order and prevent future crimes.
3. Transparency and Accountability: The government has seemingly conducted these operations with full transparency and accountability. Public awareness and clear communication about the reasons and processes behind these actions can help garner public support and ensure fairness.

Applying Vivek involves looking at the long-term implications of these actions. Sustainable solutions to crime and corruption should include rehabilitation programs, strengthening of legal frameworks, and socio-economic development initiatives.

Conclusion

On the scale of Dharma with Vivek, the actions of the Uttar Pradesh government in bringing down properties constructed by Mafia dons can be justified as they appear to be carried out with a clear commitment to justice, fairness, and societal welfare. These actions seem justifiable from the perspective of both Dharma and Vivek.

India’s Judicial System and Application of Dharma and Vivek

Judicial activism in India has played a crucial role in safeguarding democracy, ensuring justice, and protecting fundamental rights. When examined from the lens of Dharma (duty, righteousness, and moral law) and Vivek (discriminative wisdom), several landmark cases stand out. Here are a few examples:

1. Vishaka v. State of Rajasthan (1997)

Context: This case was pivotal in addressing sexual harassment at the workplace.

Judicial Action: The Supreme Court laid down guidelines, known as the Vishaka Guidelines, to prevent sexual harassment at the workplace in the absence of specific legislation.

Dharma: The court acted in accordance with its duty to protect the rights and dignity of women, ensuring a safe and respectful working environment.

Vivek: The decision showcased discriminative wisdom by filling a legislative void, thereby providing immediate relief and guidance to address a pressing social issue.

2. Keshavananda Bharati v. State of Kerala (1973)

Context: This landmark case established the Basic Structure Doctrine, limiting the Parliament’s power to amend the Constitution.

Judicial Action: The Supreme Court ruled that while the Parliament has wide powers to amend the Constitution, it cannot alter its basic structure.

Dharma: The ruling protected the fundamental principles and values enshrined in the Constitution, upholding justice and constitutional integrity.

Vivek: The decision demonstrated profound wisdom by balancing the need for constitutional flexibility with the protection of core democratic principles.

3. Shah Bano Case (1985)

Context: This case dealt with the maintenance rights of a divorced Muslim woman.

Judicial Action: The Supreme Court upheld Shah Bano’s right to maintenance under Section 125 of the Code of Criminal Procedure, overriding personal laws that denied her this right.

Dharma: The judgment aimed to ensure justice and equality for women, promoting social welfare and protecting vulnerable individuals.

Vivek: The court used discriminative wisdom to interpret the law in a manner that upheld fundamental rights and gender equality while also acknowledging the need for legal reforms.

Parliament’s Response:

The judgment in the Shah Bano case sparked a significant political and social backlash, particularly from conservative sections of the Muslim community who viewed the decision as an interference in their personal laws.

Muslim Women (Protection of Rights on Divorce) Act, 1986: In response to the backlash, the Parliament passed the Muslim Women (Protection of Rights on Divorce) Act, 1986. The key provisions of this Act included:

1. Limiting Maintenance Responsibility: The Act stipulated that the responsibility of providing maintenance to a divorced Muslim woman would rest with her relatives or the Waqf Board, rather than the ex-husband, beyond the period of iddat (usually three months after divorce).
2. Section 125 Exemption: The Act effectively exempted Muslim women from the purview of Section 125 of the CrPC, limiting their right to maintenance from the husband only to the iddat period, unless specified otherwise in the marriage contract or other agreements.

Implications of the Act:

• Undermining the Supreme Court Judgement: The enactment of this law was seen as a direct response to the Shah Bano judgment. By restricting the application of Section 125 of the CrPC to Muslim women, the Act effectively overturned the Supreme Court’s decision, emphasizing religious personal laws over secular legal provisions.
• Political and Social Impact: The move was widely perceived as an attempt by the ruling government to appease conservative Muslim groups and maintain their electoral support.
• Criticism and Controversy: The Act faced significant criticism from women’s rights activists, legal experts, and secular groups who argued that it compromised the principles of gender justice and equality enshrined in the Constitution. It was seen as a step back for women’s rights, especially in the context of the larger struggle for a Uniform Civil Code that treats all citizens equally regardless of religion.

Long-term Consequences:

• Continued Legal Debates: The Shah Bano case and the subsequent legislation reignited debates about the Uniform Civil Code and the need for reforms in personal laws to ensure gender justice and equality.
• Recent Developments: After the change of Government, triple talaq act was passed by the Parliament on 28^th December 2017. It stipulates that triple talaq whether spoken, or through electronic means like SMS, WhatsApp message and email is null and void. This restored justice to Muslim women against this regressive practice.

Conclusion:

The Shah Bano case is a landmark in the history of judicial activism in India, illustrating how the judiciary’s efforts to ensure justice and equality can sometimes be counteracted by legislative actions influenced by social and political considerations. The case and its aftermath underscore the ongoing tensions between personal laws and the secular legal framework, highlighting the challenges in achieving a balance between respecting religious traditions and ensuring fundamental rights and gender justice.

4. Right to Privacy (2017)

Context: In a landmark judgment, the Supreme Court declared the right to privacy as a fundamental right under the Constitution.

Judicial Action: The court ruled that privacy is intrinsic to life and personal liberty and thus protected under Article 21.

Dharma: The judgment reinforced the protection of individual freedoms and dignity, ensuring justice and respect for personal autonomy.

Vivek: The decision reflected deep wisdom by recognizing the evolving nature of fundamental rights in the digital age, balancing state interests with individual privacy.

In conclusion, the application of Dharma and Vivek in the Indian judicial system reflects a commitment to justice, righteousness, and moral law while also demonstrating the importance of discriminative wisdom in addressing complex social issues and evolving legal contexts.

The Ram Mandir case serves as a prime example of the conflict between manipulative legal practices and the application of Dharma and Vivek by the courts. The prolonged duration of the case can be attributed to various factors:

Legal Manoeuvring and Procedural Delays

1. Multiple Petitions and Interventions:
   • Suits filed by parties like the Nirmohi Akhara and the Sunni Waqf Board complicated the proceedings, necessitating extensive hearings and evidence review.
   • Additional interventions by new petitioners further prolonged the resolution process.
2. Frequent Adjournments:
   • Both sides frequently requested adjournments to gather evidence or prepare arguments, strategically prolonging the case.
3. Transfer of Jurisdiction:
   • The case’s movement from local courts to the Allahabad High Court and eventually to the Supreme Court required new reviews with each transfer.
   • The Allahabad High Court’s order for an archaeological survey contributed to delays due to the time needed for excavation and analysis.

Complex Legal Questions and Evidence

4. Assessment of Historical Evidence:
   • Evaluating historical records, religious texts, and archaeological findings involved extensive expert testimonies and reports, consuming significant time.
5. Legal Arguments on Possession and Title:
   • Intricate arguments regarding possession and title, rooted in historical claims and records, demanded detailed examination and rebuttal.

Political and Social Factors

6. Political Influence and Public Sentiment:
   • Political parties and public sentiment influenced the case, requiring the judiciary to proceed cautiously to prevent communal unrest.
7. Mediation Attempts:
   • Multiple attempts at out-of-court settlements through mediation often failed, resulting in further delays.

This legal quagmire diverted the judiciary’s focus from the core issues, exacerbating communal tensions and societal discord. Delaying tactics, such as repeated adjournments and interim applications, prolonged the proceedings, hindering the judiciary’s ability to deliver timely justice. These factors underscore how procedural formalities overshadowed the pursuit of substantive resolution, preventing the judiciary from exercising discernment (Vivek) to ensure timely justice delivery aligned with righteous duty (Dharma).

Learning

This situation underscores the critical need for judicial processes to incorporate Vivek—intellectual discernment and ethical judgment—alongside strict adherence to Dharma. It is not sufficient to merely follow procedural requirements; decisions must also consider the broader social, moral, and ethical implications of the actions taken. The integration of Vivek ensures that justice is not only legally sound but also equitable and timely.

In this case, the legal practitioners who employed delaying tactics may have fulfilled their contractual duty towards their clients by using their intellect or buddhi, but they failed in their Dharma towards society and in the use of their Vivek. This cannot and should not be confused with the concept of Dharma with Vivek. In fact, their actions can be considered as engaging in Papa Dharma (sinful acts).

By delaying justice, these practitioners neglected the ethical and moral responsibilities that come with their profession. This underscores the need for a balanced approach in the legal system, where the pursuit of justice is guided by both legal acumen and moral wisdom.

Conclusion:

The conclusion of the blog summarizes the key insights gained from exploring the concepts of Dharma and Vivek, both through epic stories and contemporary administrative and judicial cases in India:

1. Understanding Dharma and Religion:
   • Dharma encompasses moral order, duty, righteousness, law, justice, personal ethics, and spiritual growth. It is a broad concept that guides individuals towards righteous living and spiritual fulfilment. Religion, however, refers to organized systems of beliefs and practices centered around worship. The philosophy of ‘Vasudhaiva Kutumbakam’, considering the whole world as a family, aligns with the idea that one can follow their Dharma irrespective of their religious affiliation.
2. Differentiating between Intellect and Vivek:
   • The use of intellect (buddhi) to achieve objectives or formulate strategies does not guarantee righteousness. Vivek, on the other hand, represents wisdom that enables individuals to evaluate the righteousness of their actions. It involves foreseeing consequences and distinguishing between reality and illusion, guiding individuals on the spiritual path.
3. Lesson from Epics:
   • Epic stories such as those of Yayati and his sons, and the actions of Bhishma, illustrate that even actions pursued with noble intentions can lead to harmful consequences if not aligned with Dharma and guided by Vivek. This underscores the importance of always adhering to one’s Dharma with the application of Vivek.
4. Contemporary Examples:
   • Contemporary examples, including the Uttar Pradesh Government’s actions against the Mafia, judicial activism, and the delay in the Ram Mandir case, highlight instances where individuals, including legal practitioners, deviated from the path of Dharma with Vivek. In the Ram Mandir case, some legal practitioners wrongfully applied their intellect, leading to prolonged legal battles.

In conclusion, the importance of following Dharma with Vivek is emphasized as essential for safeguarding the values cherished by democracy. It is underscored that adherence to these principles must be maintained by all concerned parties. The conclusion ends with the sentiment “Long live Dharma and Vivek!”, emphasizing their enduring significance in guiding righteous actions and decisions.