Friday, May 16, 2025

Shrimat Bhagwad Geeta Conclave - Art of Advocacy - O.P.Jindal University, Sonipat -May 7, 2025

From the time I gained consciousness, certain sutr of the Shrimat Bhagavad Gita—specifically sutr 36 to 46 of Chapter 11—have echoed in my ears and seeped deep into my soul. These verses were spoken by bewildered Arjun in praise of Shri Krishan in a state of shock, awe and reverence having witnessed the vishwaroop. They were recited every morning during family prayers in my maternal grandfather’s home. That sound, that wisdom, became a part of me before I even fully understood it.

I first had the occasion to recite the Hari Gita by Dina Nath Dinesh at the age of 13, alongside elders, during the mourning period following my maternal grandfather’s passing. That experience left an imprint far deeper than I realized at the time. When I was in my final year of law college, at the age of 21, I attended 365th Geeta Gyaan Yagye at Jodhpur by Swami Chinamayananda, 12th Chapter of Shrimat Bhagwad Geeta and Naarad Bhakti sutr. Thereafter my paternal grandfather—himself a deeply realized soul—gifted me my first personal copy of the Shrimat Bhagavad Gita, translated by Swami Chidbhavananda of Kerala, which I hold even today as my prized possession. I read it and re-read it several times. And I can say with certainty—it opened my mind forever.

Over the years, I immersed myself in the works of the world’s great thinkers—Aristotle, Plato, Spinoza, Machiavelli, Epicurus, Kant, Hegel, Marx, Bertrand Russell, Emerson, Ernest Hemingway, Ayn Rand, Paulo Coelho. Each of them offers a unique insight into human nature, power, ethics, society, and spirit. And yet, I say this with deep conviction: there is no text—neither in the East nor in the West—that offers a more profound and complete exposition of universal philosophy than the Shrimat Bhagavad Gita.

It is timeless. It is transformative. It is unmatched in depth. Every great philosopher—whether consciously or not—has been touched by its essence. But beyond its spiritual and philosophical richness, I tell you this: no other book better reveals the art of advocacy. And I say that not as a philosopher, but as someone who has spent nearly five decades inside the courtrooms, almost 49 years in the Supreme Court of India.

I know that many of you here have read, studied and must have felt the essence and power of Shrimat Bhagavad Gita in some form or another. Today, I invite you to revisit it—not just as a sacred spiritual text, not just as a guide to personal enlightenment, but as a masterclass in advocacy—As practiced by none other than Shri Krishan himself. For the next 20 minutes, let us walk this timeless path together, with our mobile phones in our bags.  Let us examine, layer by layer: The key players, the battlefield setting, the looming trauma of what is to come, the profound and generative dialogue, the direction offered at every turning point, and finally, the goal it ultimately seeks to achieve.

This journey, believe you me, is not ancient history. It is our own legal ecosystem, mirrored in epic form. Shri Krishan is 89 yrs old, a senior advocate. Arjun, around 64 yrs old an experienced judge, gripped by ethical conflict and futuristic trauma, kurukshetr is the courtroom and what expounds is Gita, our spiritual jurisprudence, our directive principle, various paths that can be followed, sustainable development goals as defined by United Nations which should be undertaken, and finally the goal— the transformation from a karta to a drishta.

Let us begin with the Players, the key characters. One embodying absolute truth and various dimensions of life and other who needs to understand the irrelevance and transitionary nature of conflict, evolve, understand the larger cosmic design and perform or undertake the action in hand with perfection as drishta, not as karta.

1. Shri Krishan is a Poorn Avataar, a complete manifestation of the cosmos in physical form. He embodies three essential forms - prakriti—the physical world and human faculties: ego, mind, and intellect, Jeev or Ishwar—the individual soul, the cosmic energy within each of us, parameshwar or brahm—the infinite, total cosmic energy. What makes the Gita truly profound—and at times, difficult to grasp, especially for Western philosophers is Shri Krishan’s seamless movement between these three forms. He speaks sometimes as human being, sometimes as the aatma, and sometimes as the pramaatama. Unless one is fully aware of these distinct dimensions of his cosmic presence, Gita will remain only partially understood. Krishan’s role is akin to that of a senior advocate—he is learned, a philosopher, a strategist, and a wise counsellor. His advocacy is not limited to arguments, it is complete understanding of spiritual jurisprudence rooted in compassion, cosmic order, and timeless truth.

2. Arjun is a kshatriye, not just a warrior but a master archer, a man of high intelligence, disciplined, full of valor, have fought many battles and wars. But just before the great war of Mahaabhaarat, standing on the battlefield, something changed in him. Suddenly, he is overwhelmed by a vision—not of victory, but of destruction. He sees not triumph, but the death of nearly 4.5 million gallant warriors. He sees 4.5 million widows, fatherless children, broken families, collapsed societies, and a future scarred by grief. The war, in his eyes, now threatens to destroy the very social fabric, which as a king he must protect. This moment is akin to a distinguished judge, someone who has spent a lifetime interpreting law with precision and objectivity, suddenly confronted with a case so critical, so consequential, that he foresees its impact of the society as a whole and impact on generations to come, the outcome could be catastrophic. He hesitates. He seeks to run away from the war and adjourn the war, weighing the implications, consequences and after affects. 

At such a turning point, the art of advocacy becomes not just relevant—it becomes essential. And Shri Krishan, the advocate par excellence, steps forward. With clarity, insight, and compassion, he begins to build his case—not through imposition, but through a generative dialogue. He listens, he explains, he dismantles doubt, and step by step, he guides Arjun out of his paralysis and into purpose. That is true advocacy.

3. The Goal and the Path - The Gita also helps us to understand, the most fundamental question: What are we all striving for? Whether you are a student, a parent, a lawyer, a judge, a professional, an entrepreneur—or even a policy maker in government—the question is universal: What is the end goal? Is it wealth? Fame? Peace? Health? Power? Wisdom? Happiness? Or spiritual liberation? Shri Krishan’s divine mission had two objectives - First, to rid the earth of evil at the close of the Dwaapar Yug and second, to expound and firmly establish a philosophy so profound that it could transform Arjun—not just from Karta, the doer, into Drishta, the observer—but also serve as an eternal compass for humanity through the period of Kaliyug.

From killing Pootna at just three days old, to vanquishing the many Asuras sent by Kans, to slaying Kans himself, and later eliminating Shishupal, Jaraasangh, and ultimately the mighty warriors of Kaurav—Bhishm, Dronaachaarye, Karn, and many more. Shri Krishan did not just fight evil. He uprooted it. And in doing so, he laid the foundation of a universal spiritual philosophy that continues to guide us, even today. Shri Krishan did not just tell Arjun to fight a war, he simply empowered him with wisdom to face our inner battles—with courage, with clarity, and above all, with consciousness.

Let us all here learn not just from the Gita, but from the advocate within it. At the heart of the Shrimat Bhagavad Gita lies a philosophy that urges each one of us—just like Arjun, paralyzed by futuristic trauma on the battlefield—to evolve. To move from Karta, the doer consumed by action, to Drishta, the seer anchored in awareness and perform all our action to its perfection. To shift from the subjective, clouded by emotion, to the objective, guided by clarity. And my dear friends, that is the highest transformation we, as lawmen—whether advocates or judges—must undergo. Never lose your sense of justice, objectivity and the larger cosmic design. 

Shrimat Bhagavad Gita is composed of 701 sutras, divided into 18 chapters. The contributors are - Dhritraashtr– 1 sutr, Sanjay – 40 sutr, Arjun – 86 sutr, Shri Krishan – 574 sutr. Gita is not a monologue—it is a dialogue in the form of Geet. A transformational exchange between doubt and wisdom, between the confused mind and the enlightened soul. As the conversation unfolds, Arjun raises 15 questions. At one point—even challenges Shri Krishan's authenticity itself (sutr 4.4): “How can I accept that You taught this wisdom to the Sun God in ancient times when You were born just recently?” That’s not just a question. That is scepticism born of inner conflict. And yet, Krishan does not get offended. He does not assert authority. He answers—smilingly, gently, patiently, with calm wisdom.

This is the art of true advocacy—not domination, but persuasion rooted in clarity. Arjun, gripped by fear of the unknown and burdened by foresight, uses every conceivable argument to stall the war. He knows that if he, the central warrior of the Pandav, refuses to fight, the war halts. In the first eight questions, up to Chapter 6, Arjun challenges Shri Krishan continuously—often without fully understanding the implications of either his doubts or Krishan’s answers. Yet Krishan responds to each question with a smile. He knows that the blowing mind, when heard with patience, will eventually settle. He knows that the real transformation will eventually come.

It is much like what happens in court. A judge asks sharp, even sceptical, questions. The seasoned advocate listens calmly, answers precisely laying the groundwork for the final submission. The early exchanges are not distractions. They are necessary, they build the foundation of faith, trust and conviction. Then comes Chapter 8—a turning point. Here, Arjun raises deep, fundamental questions:

"What is Brahman? What is Adhi-aatma? What is Karm? Who is Adhi-bhut? Who is Adhi-daiv? And who is Adhi-yagye in this body, O Krishan? And how are You to be known at the time of death by the self-controlled? (sutr 8.1–8.2). These are not mere academic queries. These are existential inquiries, and Shri Krishan answers them all—defining the divine attributes, the eternal essence, the soul’s journey, and the cosmic laws. In Chapter 10, Krishan expands further. He reveals 76 divine manifestations of the cosmic order—each one symbolic, universal, and deeply philosophical.

Among them, as described in Sutra 10.34, he lists seven attributes that are distinctly feminine: Fame (Kīrti), Fortune (Śrī), Speech (Vāk), Memory (Smti), Intelligence (Medhā), Firmness (Dhti), Forgiveness (Kṣhamā). And then he says something truly extraordinary: Of all forms of fame, the greatest is the fame of motherhood. There is no higher glory. It is a distinction and a divinity unique to women.

These qualities are not just virtues. They are manifestations of the cosmos itself. Understanding them is akin to understanding the jurisprudence of the universe. So, as we study this sacred dialogue, let us not just admire its poetry or memorize its verses. Let us learn its advocacy. Let us absorb its jurisprudence. Let us awaken the Krishan within us—calm, wise, unwavering. And refine the Arjun within us—seeking, struggling, and ultimately, surrendering to truth.

The Shrimat Bhagavad Gita is not just a scripture—it is a transformational guide to life. It offers the deepest, most profound insights into the nature of beings, the Atma—our soul, the Devtas—divine forces, the relationship between humans and these divine energies, and finally, Brahm—the total cosmic energy that permeates all existence.

One of the greatest challenges in understanding the Gita lies in the way Shri Krishan seamlessly moves between his various forms—as a human being, as the Atma, and as the Paramaatma. These transitions are so subtle, yet so significant, that even serious seekers often find themselves overwhelmed.

But more than that, the second chapter—Saankhye Yog—is itself a complete and complex philosophical frame work.It is profound because of its simplicity, and therein lies the paradox. Unable to grasp its depth, many enthusiastic readers give up right at the beginning. And that is why, friends, my suggestion to beginners is this: Start with Chapter 16. In Chapter 16, sutras 16.01 to 16.05, Shri Krishan clearly lists 28 attributes of divine nature—qualities that support spiritual evolution and contribute to harmony and growth. In contrast, from sutras 16.04 to 16.20, he describes 64 traits of those consumed by asuric tendencies—those who are toxic, narcissistic, and destructive. These qualities, though ancient, are timeless. They manifest in various combinations within us and around us, even today. Being aware of them is essential—so we can deal with such energies effectively and consciously.

In Chapters 14, 17, and 18, Shri Krishan then elaborates on the three gunas—Sattva, Rajas, and Tamas—and how they manifest in every dimension of our lives. He discusses shraddha, worship, austerity, food, yagya, speech, charity, knowledge, action, the doer, intellect, firmness, and happiness. It is a comprehensive jurisprudence of consciousness—a blueprint for understanding human nature, intention, and behavior in all its complexity.

Across the Gita, Krishan lays out all possible paths that a human being might take in their journey toward truth and fulfilment. Chapter 2 – Saankhye Yog – the path of self-knowledge, Chapter 3 – Karma Yog – the path of action, Chapter 4 – Gyaan Karma Sanyaas Yog – the path of knowledge, action, and renunciation, Chapter 5 – Karma Sanyaas Yog – the path of active renunciation, Chapter 6 – Atma Sanyam Yog – the path of self-restraint, Chapter 7 – Gyaan Vigyaan Yog – the path of knowledge and experiential science, Chapter 8 – Akshar Brahm Yog – the path of the imperishable, Chapter 9 – Raaj Vidya Raaj Guhya Yog – the path of royal wisdom and mystery, Chapter 12 – Bhakti Yog – the path of devotion and surrender, Chapter 18 – Moksha Sanyaas Yog – the path of liberation and renunciation

Each chapter is a torchlight. Each is designed to help us find what is true for us—not imposed, not theoretical—but experiential and real. In Chapter 11, Krishan grants Arjun the Vishwaroop Darshan—a vision of the entire cosmos in one divine form. This is not just knowledge. This is cosmic experience. And that, dear friends, is the true essence of Sanaatan wisdom. It is not about winning debates. It is not about proving intellectual superiority. It is not about dialectics or rhetoric, It is about generative dialogue. It is about the direct transmission of truth—truth that must be experienced, not just argued. Truth that is felt, not merely understood.

It’s like the clear-eyed vision of a judge—who sees the facts, understands the law, weighs the social impact, and perceives the full spectrum of consequence, all at once. In the end, Shri Krishan does not ask Arjun to fight as a Karta—a doer. He lifts him to the level of a Drishta—an observer. One who is unattached, objective, and deeply aligned with dharma. And to me, that is the highest role of an advocate. To guide the judge with clarity, foresight, and wisdom. To speak not just to the law, but to the truth of justice itself. To help shape judgments that endure—not just legally, but morally. Let us learn from the Gita. Not just its philosophy, but its method. Not just its words, but its wisdom. We are each placed into this world by a principle of cosmic design. Born in a particular place, at a particular time. To a specific family, with a distinct colour, caste, gender, belief, aptitude, and attitude. Given unique friends, mentors, and professions.

We are not meant to imitate. Remember this—imitation is suicide. Each of us has our own land to till. And we must till it alone, no matter the outcome— Good, bad, or ugly. Gita teaches us this eternal truth: Work to your own perfection, every moment. Live with awareness and joy, every moment and experience the bliss of your own existence. That is the message of the Gita for us all.

Friday, April 25, 2025

Sanaatan Dharm and Modern Law: A Collaborative Jurisprudence at 4th World Congress of Vedic Sciences – Sastra Deemed University, Thanjavur 24.12.2024

    Today, I stand before you to explore the intersection of sanaatan dharm and modern law. As we navigate the complexities of our contemporary world and peep into the future, it is essential that we revisit the basis, objectives, principles, and path of sanaatan dharm and modern law and work out a collaborative sanaatan jurisprudence.

    I seek the indulgence of this august gathering to excuse me for two conscious misdemeanors. One is changing the subject of the session. I have substituted Modern Law and Sanaatan Dharma with Sanaatan Dharm and Modern Law, as Sanaatan Dharm came much before the modern laws, so it should have precedence over the later. Secondly spelling of certain Sanskrit words that have no corresponding English word have been changed to the way they should be actually read by common man like me and not scholars in this gathering. A departure from some pronunciation standards, established by some group of people, has being made as an incorrect pronunciation of any word produces a different thought and leads to complete misunderstanding of the word content.

Every word has content, color, vibration, numerology, and meaning which is totally lost if it is not pronounced and felt currently, Brahm and Brahma, dharm and dharma, karm and karma, yog and yoga, vaishye and vaishya have totally different contents, impacts and meanings.

There are three marked distinctions or fundamental differences between sanaatan dharm and modern laws. This distinction has led to religions based on personal experience through traditional knowledge system on one side and religions based on books or Abraham religions on other side. These distinctions are at the base of eastern and western philosophies, culture and heritage, thinking process and the sanaatan dharm and modern laws. These three issues are:

1.  Concept of time: Sanaatan dharm believes in cyclic spiral time and quantum existence. Modern law believes in lateral time and lateral living.

2.  Purpose or objective of life: Sanaatan dharm believes that realization of Self or the divine cosmic energy within us is the purpose or objective life. At the base of modern laws, the roots of which goes to conflicts is divisiveness, clash of civilizations and classes, achieving power for dominance and control over others and exploitation of nature for luxurious existence.

3.  Path or the process of achieving the purpose or objective: At the base of sanaatan dharm is the great principle of karm. Everyone has to perform their own karm to one’s own perfection and enjoy the bliss in performing whatever work one gets in hand and that itself leads to de-toxification, purification, spiritual growth, experiencing and realization of the cosmic self within us. Mutual respect, conflict free individual and a conflict free society. The modern law is external, based on conflicts. Man vs. nature, dominant vs. subservient, superior vs. inferior, ruler vs. ruled, kings vs. churches, male vs. female, white vs. rest, employer v. employees, rich vs. poor.

Concept of Time: At the heart of sanaatan dharm lies the concept of kaal chakr, or cyclic spiral time, without a beginning and without an end. At the heart of Abraham religions is the lateral time, which has a beginning and will end on the day of judgment or kayaamat ka din.

In sanaatan narrative of cosmic interplay which the western call as mythology the smallest measurement is the time taken by a sun ray in moving through three atoms and is called truti, which is 10 raised to power of minus 17 x 3.375 sec. What can be more scientific that this. Truti leads to pal, pal to vegh, laav, nimesh, kshan, kshta, laghu naadi, muharat, prahar, paksh, maas, ritu, aayaandakshinayaan and uttarayan and a year, divine year, life of devta which is 432,000 years or a kali yug or single unit.  A maha yug is composed of one Satt, Treta, Dwapar and Kali and is 4,320,000 years. Each manvaantar has 71 maha yug and 1 sat yug. Each kalp has 14 manvaantar and 1 sat yug is a Brahm day has 1000 yug. One Brahm year has 360 Brahm days the lifespan of a Brahm is 100. Brahm year equivalent to 311.040 trillion years. This kaal chakr signifies and establishes beyond any doubt, that the Brahm is also bound by cosmic laws or laws of cosmos. Brahm is bound by a structured cycle, with no escape. With awakening of the Brahm’s manifestation undergoes the ardh-naareshwar split, dividing into two fundamental aspects:

1.  Purush: The immutable, imperishable, absolute truth, blissful which is the true nature of the self within every individual jeev.

2.  Prakriti: The mutable, ever-changing aspect, comprising the physical world, including the human body, mind, intellect, ego, and their countless attributes, attitudes, aptitudes.

The primary objective of sanaatan dharm is to guide every being in realizing and experiencing the Self or Purush within. This ancient philosophy provides a comprehensive framework for understanding the ultimate truth, enabling seekers to attain self-realization through surrender. Sanaatan dharm focuses on resolving internal conflicts, helping individuals become conflict-free by acknowledging and respecting the differences inherent in prakriti. By embracing this way of life, individuals can realize their true nature and attain liberation. Sanaatan dharm or Hinduism, is therefore a way of life designed to facilitate self-realization and help other achieve their objective. Sanaatan dharm, therefore, provided for various aspects of self-evolution, including:

1.     1. Responsibilities and obligations for rulers, spiritual leaders, traders, and workers

2.     2. Yogic practices and spiritual disciplines - Scriptural guidance from the:

a.    Ved

b.    Brahm Sutr

c.    Nyaaye Sutr

d.    Manu-smriti

e.    Yaagyvalk-smriti

f.    Naarad- smriti

g.   Brihaspati-smriti

h.   Katyaayan Smriti

i.    Smriti Chandrika

j.    Mimansa

k.   Raamaayam

l.   Mahaabhaarat - My learned panelist Shridhar has done an outstanding work on maxims from Mahaabhaarat

m.  Shrimat Bhagwad Geeta

n.   Mitakshara

o.   Dayaabhaag

p.   Hindu Law

 Judicial excellence is achieved by understanding the evidence, issues, yearning to do justice, motive, illustrations, doctrines, sections (of law), logic, capacity of decision-making, entering generative dialogue, understanding futile arguments, irrelevant issues, confusions, tricks, domain knowledge, in the court1.1.1. Pain, birth-attributes, conflicts, litigation, erroneous understanding, ignorance, gradually leads to yearning for truth and justice1.1.2Direct perception, assumptions, simile, and experts account constitute evidence1.1.3. Statement of a non-prejudiced person with right conduct and active senses who has received knowledge by association of senses of knowledge with objects of senses is direct proof1.1.4. Presumption is natural inference drawn from past and future events1.1.5. Simile is understanding of association of object with already known1.1.6. Experts account to be admitted as correct statement 1.1.7. They are of two kinds, perceived and beyond perception inferences.1.1.8

The modern law is external, based on relationship. Every relationship is based on trust. Every breach of trust leads to injury. For every injury that must be a forum for recovery of damages and damages must be recovered. Ubi jus ibi remedium and damnum sine injuria in civil disputes and penal action in criminal breach.

The history of Modern Law can be expounded in five time zones or revolution

a.  Pre 1215 – No legal structure - Rules made and litigation adjudicated by family head, Tribal head or the King – Royal Charter – Justice was raw, centralized and embodied in social hierarchies - Legal Revolution 1.0

b.  1215 – 1775 - Magna Carta arises out of conflict between Royalty and church. Rise of Rule of law, cubing monarchical power, Codification of Laws – Rise of Corporations – Britain, Dutch, France, Spain – Legal Revolution 2.0

c.  1776 – 1985 – This period witnessed judicial independence, the rise of individual rights and constitutional democracies after the American and French revolutions. Legal system emphasized personal freedoms, equality, and justice, reshaping the relationship between the sate and the citizens – Legal Revolution 3.0

d.  1985 – 2020 – Globalization expanded the legal landscape beyond national borders introducing ADR. This era saw cross border mechanism for resolving disputes, reflecting an interconnected world and need for flexible collaborative justice approaches - Legal Revolution 4.0

Legal Revolution.5.0 – 2020 Onwards - A collaborative Jurisprudence - Cosmic Covid kick has shifted the human consciousness from 3rd dimension existence of the humanity to 4D and 5 D, particularly the mordenites and post – mordenites to human centered dispensation of justice, which is at the core of sanaatan dharm. Shift from adversarial litigation to conflict solving with empathy for intended beneficiaries and stake holder. The need to have an integrated view of the whole, cross border collaboration to manage global healthcare had led to the development of collaborative jurisprudence. For the west they have no option but to change and we see their accepting the yog day and getting deeper into and accepting aayurved and meditation and necessity for meaningful existence.

Saturday, February 22, 2025

The Future of Mediation: A Pathway for Law Students at Jamia Hamdard University - 22.02.2025

 It is perhaps one of the greatest anomalies of human civilization that as societies began to settle and evolve, conflicts and disputes also became an inherent part of human interaction. In the earliest days, such disputes were resolved through physical fights and duels, often dictated by sheer strength rather than justice. However, with the signing of the Magna Carta in 1215, the foundations of parliamentary governance and an independent judiciary were laid, gradually replacing brute force with legal institutions. This transformation was further solidified after American independence in 1776, where the principles of governance, justice, and rule of law were strongly propounded by The Federalist Papers, authored by John Jay, James Madison, and Alexander Hamilton. These seminal works championed the establishment of an impartial judiciary and the importance of structured dispute resolution, paving the way for modern legal systems.
As legal institutions developed, the Seven Lamps of Advocacy, the cross-examination of witnesses, judgment based on legal principles and contractual obligations, and the doctrines of statutory interpretation emerged as the beacons of litigation. The legal profession evolved into a structured industry, where the primary objective became winning cases for clients through all available legal means and strategies. This adversarial system, built on the premise of advocacy and courtroom battles, defined the litigator's role as a fierce representative of their client’s interests, often prioritizing legal victories over collaborative resolution.
However, as societies progressed and conflicts grew more complex, litigation escalated at an unprecedented rate, clogging the courts due to its structured, technical approach and rigid formalities. The legal process became increasingly intricate and procedural, often alienating the very individuals it was meant to serve. Clients frequently found themselves caught in a labyrinth of legal technicalities, procedural delays, and exorbitant costs, unable to comprehend how their case spiralled out of control. Many litigants, having invested their entire lives, energy, and earnings into seeking justice, were left devastated when an unfavourable verdict—often dictated by legal nuances rather than substantive justice—brought their pursuit to an abrupt and incomprehensible end.
As the inefficiencies and limitations of traditional litigation became more evident, the need for a more harmonious, accessible, and human-centric approach to dispute resolution became increasingly apparent. This led to the emergence of Alternative Dispute Resolution (ADR)—a more flexible, cost-effective, and relationship-preserving means of settling disputes. Mediation, arbitration, and conciliation began to gain prominence as effective alternatives, offering timely, efficient, and less confrontational pathways to justice.
As humanity has evolved through different stages of consciousness and social development, the legal landscape has undergone significant transformations. Arbitration, once considered a faster and more efficient alternative to court litigation, gradually became adversarial, expensive, and time-consuming—mirroring the very judicial system it sought to complement. As a result, there was a natural shift toward mediation, a process rooted in collaboration, mutual understanding, and constructive dialogue.
The COVID-19 pandemic acted as a catalyst, triggering a profound shift—not just in legal practices but in human awareness itself. It awakened a global realization of the value of emotional and mental well-being, family bonds, environmental concerns, empathy, and meaningful communication. As people grappled with uncertainty, loss, and isolation, there was a collective recognition that human relationships and well-being must take precedence over prolonged adversarial disputes.
This transformation has significantly reshaped how individuals, businesses, and communities perceive and approach conflicts, disputes, litigation, and their resolution or adjudication. The emphasis has shifted from winning cases to preserving relationships, from rigid legal battles to flexible, solution-oriented discourse. Mediation, as a non-confrontational process that empowers disputing parties to co-create solutions, has emerged as the cornerstone of this new legal consciousness, reflecting a broader societal evolution toward peace, harmony, and sustainable conflict resolution.
No longer is the legal field just about winning or losing battles in court. The traditional financial rat race, marked by exploitation, control, and rigid dialectics, is giving way to a more collaborative, empathetic, and solution-oriented legal landscape. Across society—from corporate boardrooms to local communities—there is growing discourse on the high costs of litigation, the breakdown of relationships due to prolonged legal battles, and the inefficiencies of traditional legal mechanisms, particularly delays caused by backlogged cases.
This collective awakening has ignited an urgent need for a more effective, accessible, and human-centric approach to dispute resolution—and mediation has emerged as the most promising answer. At its core, every individual aspires to live a conflict-free life. Societies thrive when peace and harmony prevail, and businesses function best when trade and industry operate seamlessly without unnecessary disputes. This is the foundation of a meaningful and civilized society—a society where people engage not in battles of dominance but in dialogues of understanding. That also marks the distinction between developed, developing and underdeveloped countries.
It is imperative to recognize the fundamental distinctions between adjudication and resolution, litigation and mediation, litigators and mediators, and, more profoundly, between those who operate through control and competition versus those who seek peace and harmony. Litigation and mediation are not merely alternatives, but complementary forces that serve different purposes. 
Litigation operates within a rigid black-and-white framework, where one party wins and the other loses. It is built on statutes, principles of legal precedents, argumentation, and competition, where the goal is to prove one's case rather than seek mutual understanding. It often delivers definitive legal outcomes, but these may not always address the emotional, financial, or relational complexities of a dispute.
Mediation, on the other hand, embraces a spectrum of possibilities. It recognizes that conflicts are rarely binary and contain a million shades of nuance. It is rooted in dialogue, empathy, and collaboration, allowing parties to co-create solutions rather than imposing rigid legal outcomes. Mediation preserves relationships, ensures confidentiality, and provides creative solutions beyond the conventional legal framework. The result is not just resolution, but transformation, where both parties leave the process empowered rather than defeated.
The world is shifting from an adversarial mindset, where control and exploitation have historically shaped legal and economic systems, toward a collaborative mindset, where fairness, sustainability, and emotional intelligence guide decision-making. Litigators and mediators embody two distinct attitudes, aptitudes, approaches, visions, and missions—one seeks legal finality, while the other seeks practical reconciliation; one thrives on conflict, while the other thrives on opportunity; one delivers judgment, while the other facilitates understanding. Neither is superior; both serve different needs. Litigation remains necessary for strict enforcement of laws, but mediation offers a more flexible, humane, and sustainable path to dispute resolution.
As law students and future legal professionals, you stand at the frontier of this transformation. The choice before you is not just between litigation and mediation, but between two fundamental philosophies of life, law and justice. Do you wish to be warriors of rigid enforcement or architects of lasting peace? Do you see justice as a battle or a bridge? Will you argue for victory or mediate for harmony?
The future of law is evolving. Those who recognize the power of mediation, the importance of dialogue, and the value of human-centric conflict resolution will not only shape the future of legal practice but redefine the very essence of justice itself. The world needs lawyers who understand that justice is not merely about punishment and judgments, but about restoring balance. Those who embrace this vision will lead the world into a new era—one where the law empowers, heals, and unites.
Mediation is not just an alternative to litigation; it represents a fundamental shift in how conflicts are resolved, prioritizing communication, relationship preservation, and long-term harmony over mere legal victories. The Indian legal system has recognized this transformation. The Mediation Act, 2023, coupled with Supreme Court initiatives, has given mediation statutory recognition. Courts now encourage pre-litigation mediation, making it an integral part of dispute resolution, especially in commercial and family matters.
Internationally, countries like Australia, Singapore, United States, and United Kingdom have fully embraced mediation as a preferred dispute resolution method. India is now aligning itself with this global trend, creating immense opportunities for law students and young legal professionals. As law students, this is your chance to be at the forefront of change. The demand for skilled mediators and mediation advocates is growing, and there are multiple pathways to enter this field.
To excel as a mediator, you must evolve as a different kind of legal professional and human being—one with an inclusive perspective and an unshakable confidence in the power of resolution. Some essential skills include:
Active Listening and Communication – Understanding what is said and what remains unspoken.
Objective Analysis and Problem-Solving – Seeking win-win solutions beyond rigid legal structures.
Emotional Intelligence (EQ) – Navigating disputes with empathy and the ability to diffuse tension, hostilities and opposition.
Legal Knowledge and Ethics – Ensuring structured, fair, and just outcomes within the mediation process.
Dear students, the legal profession is not just about laws; it is about serving justice, resolving conflicts, and contributing to societal harmony. As the world moves toward a more collaborative and conscious way of resolving disputes, you have the chance to lead this transformation. Embrace mediation, sharpen your skills, and position yourself as a pioneer in this new era of dispute resolution.
The future is not just about fighting cases and living in a society infested with conflicts, disputes, arguments, litigation, battles, and wars—it is about creating solutions. The constitutional goal is not to establish a casteless or classless society but to foster a conflict-free society. The future belongs to those who embrace change and drive innovation in the legal system. I wish you all success in your journey as the future peace mediators and mediation advocates.

Saturday, March 9, 2024

Shri Krishan and the Art of Advocacy

As the great war of Mahaabhaarat approached, Arjuna, a distinguished archer and seasoned warrior, renowned for his profound intelligence, emotional maturity and deep knowledge in various arts, was suddenly overtaken by a vision of the war's grim aftermath. This vision, which forecasted the demise of nearly 4.5 million valiant, heroic beings, plunging their families into despair and societal chaos, deeply troubled Arjuna. He saw the war not as a path to victory but as a catalyst for irreversible social disruption, leading him into a state of deep moral and emotional conflict.
This internal struggle can be likened to a judge, well-versed in law and social intricacies, who faces a dilemma in rendering a judgment. Here, the art of advocacy becomes pivotal. An advocate, through his understanding and foresight, must guide the judge to see the broader implications of their decisions and deliver a verdict that serves justice.
As Arjun shared his doubts with Shri Krishan, a generative dialogue ensued. Arjuna, intent on avoiding war, posed questions and raised concerns which has resulted in futuristic trauma. In response, Shri Krishan expounded on the nature of existence, the eternal truth, the cosmos, and the diverse paths towards self-realization. This dialogue mirrored an advocate presenting a case with comprehensive insight.
In Chapter 16 (shaloks 16.01–16.05), Shri Krishan describes the twenty-eight divine attributes, contrasting them with sixty-four characteristics of asuric, toxic and narcissistic nature (shaloks 16.04–16.20). These qualities, eternal in their existence, manifest in various combinations within every human, underscoring the importance of awareness of such beings around us and deal with them appropriately.
In Chapter 10 (shaloks 10.20–39) Shri Krishan details seventy-six attributes of the supreme being, illustrating the grandeur of the cosmos. This exposition is akin to understanding the jurisprudence of the universe. In Chapters 14, 17, and 18, Shri Krishan elaborates on the three gunnsattva, rajas, and tamas – and their manifestation in various life aspects. He discusses shradha, worship, austerity, food, yagye, speech, charity, knowledge, action, the doer, intellect, firmness, and happiness. This comprehensive overview offers deep insights into these fundamental concepts and basic structure.
Shri Krishan expounds all possible paths chapter after chapters. Chapter 2 - Saankhye Yog, the path of Self Knowledge; Chapter 3 – Karm Yog, the path of action; Chapter 4 – Gyaan Karm Sanyaas Yog, the path of knowledge, action and renunciation; Chapter 5 – Karm Sanyaas Yog - the path of action and renunciation; Chapter 6 – Aatm Sanyam Yog, the path of Self-Restrain; Chapter 7 – Gyaan Vigyaan Yog , the path of Knowledge and Science; Chapter 8 – Akshar Brahm Yog - The path of Imperishable; Chapter 9 – Raaj-Vidya Raaj - Guhye Yog - the path of wisdom and mysticism; Chapter 12 – Bhakti Yog - the path of devotion and surrender; Chapter 18 – Moksh Sanyaas Yog - the path of renunciation and emancipation. All these words of wisdom are to help us to find what is true for us.
In Chapter 11, Vishwarup Darshan helps Arjun experiencing the universal form of the cosmos. Sanaatan knowledge and wisdom is not merely rhetoric, logicalizing or dialectics where the entire effort is to win and establish intellectual superiority but is all about transmission of and having cosmic experience, it’s like having a clear vision of the facts, jurisprudence, law and the social impact in the larger sense. This experience transcends mere intellectual debate, emphasizing a holistic understanding and experience of cosmic truths.
Ultimately, Shri Krishan's guidance empowers Arjun to fulfil his duty as a warrior with the active renunciation of a Drishta (observer) rather than a Karta (doer). This reflects the role of an advocate in legal proceedings, guiding a judge towards a well-considered judgment.

Wednesday, February 7, 2024

The Complex Dynamics of Religious Conversion or Why Conversion?

         India's modern history begins from the end of Mahabharat and nirvaan of Shri Krishan, more than 5000 years back. India successfully resisted Alexender march into its heartland and attained golden age, during the Gupta Period, spanning from 400 to 660 AD, marking a time of cultural and scientific prosperity. However, the following 1300 years, from 660 to 1947, were marred by foreign invasions and exploitation. This era witnessed the destruction of temples and concerted efforts to erode India's cultural and heritage properties. Despite these challenges, India's deep-rooted spiritual strength, which transcends physicality, ensured its survival. This resilience is reflected in the Indian Constitution, which embodies democratic principles, as evident in the preamble and key articles (14, 19, and 21), along with the Directive Principles of State Policy and Fundamental Duties.

        Globally, the religious population is divided among various beliefs, with Christianity and Islam being the two largest.

Sl.

Religion

Percent

Population

1

Christianity

31%

2,511,000,000

2

Islam

24.90%

2,016,900,000

3

Unaffiliated

15.60%

1,263,600,000

4

Hinduism + Sikhism

15.50%

1,255,500,000

5

Buddhism

6.60%

534,600,000

6

Folk Religions

5.60%

453,600,000

7

Others

0.80%

64,800,000

 

 

 

 

 

Total

100%

8,100,000,000

 Forceful conversion has been a significant and controversial issue associated with Christianity and Islam since their inception. Christianity, rooted in the teachings of Jesus from the mid-first century, and Islam, established in 622 after Muhammad's migration to Medina, both encompass historical narratives that intertwine with the concept of conversion. Notably, certain factions within these religions, particularly some missionary Christians and followers of Sunni Islam, have historically pursued conversion efforts based on interpretations or misunderstandings of their respective philosophies. These interpretations, often espoused by a minority within these religious groups, tend to inflame passions among their followers. This fervor has sometimes led to conflicts, both within these religious communities and with those outside them.

Such actions often stem from a few individuals or groups within these religions who interpret religious texts and teachings in ways that justify or encourage forceful conversion. This (mis)interpretation of religious doctrine has contributed to a history of inter-religious strife and tension, impacting social and cultural dynamics globally. The fundamental goal for both Christianity and Islam appears to be achieving a majority population status. However, this is a complex and potentially unattainable goal, considering the diverse global religious landscape, where approximately 45% of the population adheres to other faiths or beliefs. The philosophical differences in the concepts of salvation or spiritual liberation among various religions are notable. For instance, in Hinduism, the concept of 'moksha' (liberation) and 'nirvana' in Buddhism emphasizes individual karma and spiritual growth, contrasting with the Christian belief in salvation during the Day of Judgment and Islamic views on 'Qayamat' (Day of Resurrection), both of which will arrive when they are in majority.

Efforts to convert populations have profound impacts:

❤ Alteration of the subcontinent's civilizational character.

❤ Exploitation of ethnic diversity and undermining of the notion of a unified cultural identity.

❤ Promotion of the belief that local cultures are products of invasions or migrations.

❤ Creation of societal conflicts and divisiveness on religious, caste, and economic grounds

❤ Denigration of intellectuals and nationalists.

❤ Economic and cultural impoverishment through various means, including armed conflicts and                terrorism.

❤ Deployment of inducements like free medical services and education for conversions.

❤ Encouragement of drug use and other forms of entertainment as tools for conversion.

❤ Humiliation and degradation of ancient ethnic cultures and spiritual values.

The practice of converting individuals through allurements, threats, or intimidation contradicts the principles of democracy, which is a fundamental aspect of the Indian Constitution. Such practices also violate the spirit and letter of Articles 14, 19, and 21 of the Constitution.