Friday, December 11, 2020

Spirituality and Human Rights - Human Rights Day - 10.12.2020

        This is a momentous occasion for a twin sangam as we celebrate the Human Rights Day today. First sangam is of two great seekers, scholar and objective thinkers Justice Dipak Misra, former Chief Justice of India and Prof. Bharat Gupt, Classicist, Theatre theorist, Musicologist and member of Executive Committee of IGNCA.

        Second sangam is of the subject of the day, Spirituality and Human Rights. We will all take a dip in it today and come out wholesome. We look forward to knowledge and enlightenment to unfold itself, before it merges into the ocean of aakash record and YouTube to be available to us, as and when recalled by us, at our will.

        Every being is created equal in as much as, it has a living spark or Purush, the spiritual constituent and a physical structure, made of Prakriti. Every human being has in addition desires, attachment, ego, emotions and intellect and that makes every human being different. Prakriti coupled with karm of some, has given rise to the issues of human rights as Homo sapiens has continued to mark towards peace and harmony.

        Before the great split and the great destruction which came on the last day of Mahaabhaarat, the direction for the mankind established by Sanaatan dharm was express, clear and unambiguous. Carry on whatever activity comes to your hand, to your perfection, according to your attitude and attribute, with the clear goal, to realise the true nature of Self. The purpose of life was conscious realisation of the fact, that the true nature of Self is of bliss and ecstasy and that is the real and the only truth – satt-chitt-aanand.

        The great split took place when Balraam realized that every prevailing and accepted human right and every rule of law of war was broken, courtesy Shri Krishan and as the most agitated person he walked over to Central Asia. Balram established communities who would be ruled by the books as rule of law, either follow, merge or disappear. While the open reasoned, logical system continued to prevail in Bhaarat, according to Sanaatan Dharm.

        The great destruction was by the release of the Brahmaastr of Aswathaama, which he was unable to withdraw like Arjun and that destroyed the entire existing science and technology and its knowledge and understanding. The same is being retrieved and revived for last over 2,500 years from manuscripts carried away from Bhaarat to all over the world. The entire science and technology development that has taken all over the world today and has been in conflict with Spirituality and Human Rights is not even 2% of what is on the platter of the human beings.

        The resultant effect of all this coupled with the arrogance, greed and ambition, to conquer and control the world, led to forgetfulness of the real purpose of life. With the losing of spirituality, the history of 2,500 years is full of wars and conquests, plunder, rape, loot and destruction of every known human right and painfully, their glorification.

        For 2,500 years the world has seen the rise and fall of Alexander, Catholic missionaries, Radical Islam, Napoleon, Hitler and the like. The world saw slavery, colonization, the World War I and World War II and finally, 70 years before today, when the General Assembly of United Nations declared resolution 423(V) inviting all member states and any other interested organizations to celebrate December 10, as the Human Rights day. 

        We at World Organization of Law and Finance (WOLF) and its vertical National Human Rights Security Council (NHRSC), an interested organization is celebrating this today, by bringing a confluence of Spirituality and Human Rights. All this is possible now, for since 2015 we ride the fourth wave, with 4 G, fourth industrial revolution, Globalization 4.0, Fourth Education Revolution, Legal Revolution 4.0 in place. The next shift will be to ride the fifth wave as 5 G is already in. We will in due course move to the fifth industrial revolution, Globalization 5.0, fifth Education Revolution, Legal Revolution 5.0 in next 20 years when most of the graduates will be in power as Politicians, Bureaucrats, Judges, Senior Advocates, Educationalists, Industrialists, Media personnel, Bankers and Consultants and Spiritual leaders.

        This movements is choiceless, so let us all today become aware of this great convergence of Spirituality and Human Rights which have no existence in isolation like Purush and Prakriti. Prepare Generation Z to realize the true path and pass it over to Generation Alpha

Monday, December 7, 2020

Conflict free woman, moving into fifth dimension

         ‘We the Women of India’ crafted by Shobhaa Ji is a platform that has the potentiality to make women aware of the issues that are normally and consciously pushed under the carpet or is made to push under the carpet. These issues have deep discomfort, distress and pain and finally they erupt as volcano and burn the entire carpet, the furniture around and the house in which it was so exquisitely placed by the cosmos. We the women constitute half the world, in terms of living beings. The entire world as what we see, hear, smell and feel is manifestation of Prakriti, the feminine energy, as contradistinguished from Purush, which is a ghost without it. We have the Purush male dormant unmoving energy and the Prakriti feminine dynamic constantly moving energy and the two together constitute the cosmos as whole. 
        When Meera Bai went to meet Jiva Goswami in Brindavan, Jiva Goswami informed her that he did not meet women, to which Meera Bai replied that she thought there was only one male and all others were females. Jiva Goswami realized his error and came running to Meera Bai to touch her feet. We the women will have to work to bring knowledge to the ignorant, like Meera, but for that our perceptions should be free of insecurity, fear and guilt and direction should be clear.
        The constant change and movement in Prakriti brings into existence multi-fold human beings with different gender, colour, age, attitude and aptitude who are born to a certain set of parents at a certain location, develop multi-fold relationships, get married to a certain spouse and have children and events continue to take place every moment, based on a karmic theory. Every person is like a bead on a string and continues to vibrate within the span of its potentiality. I get support to this by the string theory of Stephen Hawking
        I speak today on the basis of my background and perception that evolved, as I developed close association and interacted with fifty one women in my Life. Women being my family, extended family, friends and colleagues. I have constantly observed and analysed their needs, requirements, wishes, longings, attitude, approach, desires, passions, sufferings, pain, traumas, ordeals, changing moods and tempers. Apart from my mother, sister, wife, mother in law and two daughter in laws with whom I had very close relationship, there have been my paternal and maternal grandmothers, Taais, Chachi, Buaas, Mausi, Maami, cousin sisters, bhaabhis, sisters in law, friends, colleagues at the bar, co-travellers in trains and flights, some of whom I met only once and never met again, but exchanged just everything and many chat friends, whom I have never met.
        What I speak today also comes from my understanding arrived at by reading several female authors like Amrita Pritam, Shivani – all her heroins were the most beautiful woman in the world, Mahadevi Verma, Shanti Singhal – whose collection of 50 poems Alka is a amzing piece of art, Subhadra Kumari Chauhan - of khoob ladi mardaani fame, Gaayatri Devi, Kamala Bajaj, Jane Austin, Emily Bronte, Ayn Rand – whose Fountainhead and Atlas Shrugged has given me deeper understanding into power of creators and economic regulations.
        I have heard stories as a child and bow with awe, mythological figures like Maa Saraswati her avtaar as Maa Gaayatri of whom I am  upaasak. Maa Laxmi whose vaahan is a Ullu, waking in night and sleeping in day. Maa Durga her avatar as Maa Sati, Maa Paarvati, Maa Kaali and Saavitri. When Saavitri came back home after meeting Satyawaan, she was told by Naarad, that if she married her love, he will die exactly one year after she gets married. Saavitri took up the challenge and when the time came, entered into dialogue with Yam, and established beyond any doubt that her existence on earth will not make any sense, without Satyawaan and the two together can only help in the enlightenment of the world. She propounded the highest form of advocacy and sensitization to win over Yam and succeeded.
        I have also made sincere efforts to understand with deeper analysis characters in epics like Manthara, Kekayi, Sita, Urmila – wife of Laxman, Ahiliya, Shabari, Radha, Kunti, Draupadi, Uttara – wife of Abhimanyu, Meera, Jhansi ki Raani, ending with Mata Hari portrayed in his magnanimous style by Paulo Coelho, in ‘The Spy’ whose last words were: The crimes I commit, I escaped, the greatest of which was being an emancipated and independent woman in a world ruled by man”.
        All of them have undergone conflicts and have resolved them from time to time, over and over again and some of them were emerged as greatest leaders and examples of powerful womanhood. The feminine energy is more powerful as it is dynamic and it has emotions in it and that has to be clearly understood by the predators.
        As human beings we are all created equal, but no two human beings are identical. Differences exist to help every human achieve real purpose of life and that is to attain perpetual happiness and consciously realise our true nature of eternal bliss, by realizing the complete whole. Our goal is thwarted not only because of own doings or attributes but because of created competition, ego, greed and arrogance of that leads to internal conflicts and external conflicts. The real objective of talk with Shobhaa Ji is to help bringing about awareness of resolution of these conflicts for women for that alone can help the world move into fifth dimension. A glimpse of fifth dimension we find in the movie Interstellar, it is about emotional bonding in spirituality. Set in dystopian future, Ex NASA pilot Cooper move out to find a new planet for humans, he enters into a black hole and is out of time zone. When he comes back to meet his daughter, she is 85 years old and he is still 50. There is a emotionality even in his metaphysical existence and that is termed as fifth dimension
        The world is already riding on the fourth wave with 4 G, fourth industrial revolution, Globalization 4.0, Fourth Education Revolution, Legal Revolution 4.0. The next movement will be to ride the fifth wave as 5 G is already in. We will in due course move to  the fifth industrial revolution, Globalization 5.0, fifth Education Revolution, Legal Revolution 5.0 in next 20 years when most of the law graduates who are now passing out of law colleges will be yearning to become High Court judges, Senior Advocates or Senior Partners in Law Firm. This movements is choiceless, so let us prepare the Generation Z to deal with the conflicts as they will continue to arise and resolve them. The solutions are passed over to Generation Alpha to take it forward.
        Women is the first guru for every child born and she is the center of each family. If she becomes conflict free, nothing can stop the world to become conflict free. Awareness is the beginning of understanding and knowledge is a choiceless happening. Once we know the truth, we cannot act otherwise, unless we intend to do otherwise, which is hypocrisy. Interestingly we are all hypocrites.
        On the issue of creation of awareness for the new generation, let me tell you a small episode, written by an Ahriana Platten, a pagan and Minister of Inter Faith in Colorado, whom I met in a conference in Chicago in 2007 and again in Nagpur 2008, which is as follows:
        “On my way to the office this morning, my sweet little three year old said "Why do you have to work     Mommy?" And somehow, by the grace of all that is good, I didn’t say what popped into my mind ("because Mommy has to make money so we can have food and a house and clothes).
        In a single flash, I realized that whatever I said to him in response could, in one little moment, affect how he looked at work for the rest of his life! What did I want him to grow up believing? What had I been taught as a child?
        I distinctly remembered my mother saying, "Your father works hard every day so we can have nice things," and she was right. My father worked very hard. I came to understand, at an early age, that if you wanted to have nice things, you would have to work and work hard.
      I learned that life is about work and work is about survival- and survival is the most important consideration. And it wasn’t just my parents who taught me, it was teachers, friends, and the media who shaped my belief system.
        In a split second, I reflected on my own twenty plus years of employment. I could clearly see how I had played out these beliefs, working long hours, making my career the priority, and judging my own successes by the numbers on the balance sheet at the end of each month. I could see the connecting lines I had drawn between work, money, and the fear of "not having".
        And, as I glanced at the innocent blue eyes in my rear view mirror patiently waiting for an answer, I considered what I want my Wee-One to grow up believing - because at three, whatever mommy says is "fact." "Mommy goes to work to make the world a better place, Sweetheart. Each of us has a special gift to give each other -something we can do - and doing that special thing is how we take care of each other and the world we share." "When you go to school," I went on to explain, " and you share your smile ,and you play with your friends, and you learn new things, you are giving your special gift to make the world a better place too, and that is your job!."
        My heart leaped inside my chest and I would swear some celestial choir sang out in perfect harmony "YES! Good Answer!" THIS is what I wanted my child to believe that we work to make the world a better place! I wanted him to feel good about growing up and going to work. I wanted him to see work as something special, not as something that we "have to do" to survive.
        I pulled up in front of the playground gate, unbuckled my Angel-Boy and hugged him, feeling like the best Mommy in the world! How would it change our world, I considered as we walked hand-in-hand toward the pre-school door, if we each woke up with the intention of sharing our individual gifts with one another each day. What if we believed that how we treat each other, the smiles we share with one another, and the things we learn together actually contributed to making the world a better place? Even better, what if we were taught to look for a job that would make the world a better place, rather than learning to value the job according to its compensation level?!
        As I pulled away from the day care, having given the prerequisite snuggle, I found myself thinking about how blessed I am to have the job I have and to have a gift to share. I thought about what I would do "today" to make the world a better place, and I felt something brighten in my soul. And now, as I sit here in my office writing about my morning, I realize that what I thought was about my child, was really about me - that the one being the teacher was actually the student. Today I discovered a reason to work, a holy and whole reason - to make the world a better place. In that simple learning I have reshaped the past, changed the present and through the innocence of a child, maybe even affected the future, all in one little moment in time."
        I have listed some issues which needs to be taken out from below the carpet and discussed in open so that there is awareness. These issues are not isolated for some women, but they affect every women. As Mother Nature she needs to feel proud, honoured and delighted and not feel guilty, insecure and develop fear of any kind what so ever, with regards to some of them. As equal owner of the globe, she needs to make the predators aware of their laxman rekha, lest they face the consequences for any and every cross over. WWI must undertake this awareness and sensitization, stand by them and provide legal support as and when necessary.
        Some of the enlisted issues are girl child discrimination, violence in all forms including domestic violence and Me Too, period shame, virginity taboo, dealing with traumas particularly the childhood scars, emotional blockage or lack of emotional maturity – this needs open and confidential communication, not to be put to social ridicule. One of the classic example of being put to social ridicule is the serial ‘13 Reasons Why’ on Netflix. A college student commits suicide because she has been socially and finally physically ridiculed, by 13 of her close friends both females and males, including college professor for not getting her justice. She feels the breach of trust all around her.
        Inability to speak openly and understand clearly, limited opportunity to express fully, breast feeding at public place, economic insecurity, equality in education and at work place for which Vishakha Guidelines are in place, Mathematics farce – the incorrect understanding that women are not good in mathematics, Skill development - mastering 64 kala, which every women should learn, but there is a need for right teachers to teach these kalas.  Social security for aged women – one can see a large number of widows from Bengal in Banaras waiting for their time to come. Fear and threat of divorce and being isolated both by parents and family, redefining Istridhan - expenses made before marriage +  gifts, jewellery and clothing from both sides, maintenance and property rights and finally adult relationship stigma - search of soulmate. Forty steps of Love by Elif Shafak, Kramer vs. Kramer and Zahir by Paulo Coelho deals beautifully with these searches of the self.
        Every conflict has its root in aversion, distaste or dislike, the feel of violation of privacy or equal rights and status. It is a kind of disagreement with the person, situation or event. Brooding on dislike leads to differences. It is at that moment that the dislike has to be addressed to bring end to conflict. If it does not end there, it will escalate to first violence to self, which must be stalled at any cost, than irretrievable breakdown of relationship and finally litigation.
        There can be n number of differences on any issue. There can be as many as 21 differences on the way tea can be enjoyed. The need is to understand the difference and not lose the respect for the other, by clearly speaking out. Tell it to the person and not to your family or friend alone about what makes you uncomfortable and whenever you feel you are at receiving end or is being used in any manner what so ever. The sensitization has to be about being aware of the feeling of violation of privacy or equal rights and status and speak out your true feeling without any discomfort as another equally existing human being dehors age, colour, caste, status and gender.
          I am pursuing my project of ‘Private Courts’ with online Arbitration and mediation. Two verticals of online Private courts, Family Dispute Resolution Centre and Matrimonial Disputes Resolution Centres directly relate to resolution of conflicts and disputes in which women are directly affected. My suggestion for WWI would be to start by sensitizing and preparing women advocates in India and be equal holder in the online mediation and arbitration, in which they can excel and which is one of the way forward to help woman becoming conflict free.

Sunday, August 2, 2020

The legend and significance of Raksha Bandhan in Hindu Culture

Whenever a sacred thread is tied on the right hand of a brother by his sister, she recites the following mantr:

"Yen baddho bali raajaa,  daanavendro mahaabalah;

Tain twaam anubadhnaami, rakshey maa chala maa chala."

It means ‘As Raaja Bali, who was as powerful in giving charity as Indr, got protection because of adherence to promise, similarly this thread will always provide you protection’.

Fifth incarnation of Bhagwaan Vishnu was as Vaaman (a dwarf – baawan means 52” i.e. 4’4”). Raaja Bali was very powerful Asur, who had conquered the bhoo lok, paataal lok and swarg lok and led the asur force during samudr manthan.  Raaja Bali was also known for his adherence to promises and giving charities, but was arrogant had developed a big ego because of unlimited power, that he possessed.

Vaman approached Raaja Bali and asked for three steps of land from Raaja Bali, which Raaja Bali laughingly agreed. Bhagwaan Vishnu in his Vaaman avataar covered the entire bhoo lok  and paataal lok in first step and the swarg lok in the second. He than asked Raaja Bali where he should put his third step. Raaja Bali said that Vaman could put his third step on his head as per his promise. When Vaman put his third step on Raaja Bali’s head, Raaja Bali was pushed down into paataal lok.

As the purpose of Bhagwaan Vishnu avtaar was completed, He manifested Raaja Bali in His actual form and asked Raaja Bali to ask for a wish. Raaja Bali told Him that he was all alone in paataal lok and had no protection and as such Bhagwaan Vishnu must become his guard and provide him protection.

Maa Laxmi realized that Bhagwaan Vishnu had got stuck and were not able to come back to His abode, though the purpose of His avataar had already been accomplished. Soon She found that Bhagwaan Vishnu was in paataal lok guarding Raaja Bali. Maa Laxmi got herself incarnated as a small girl and went to paataal lok where Raaja Bali was stationed.

On the shraavan poornima a day of giving charity, Raaja Bali asked the young girl, what she wished. Maa Laxmi told him that she wished his guard who was Bhagwaan Vishnu in his Vaaman avtaar. Raaja Bali realized who she was and told her that she could take him, if he could be provided with necessary protection as promised by Bhagwaan Vishnu. Maa Laxmi took out a thread and tied it on the right hand of Raaja Bali reciting the above mantr. (read the mantr again).

Every sister (feminine divine energy of emotion and prosperity) ties a thread or a moli on the hand of her brother (male physical energy of protection from fear and exploitation) on shraavan poornima the day of Raksha Bandhan. Raksha Bandhan is festival where every sisters prays the divine forces to provide emotional security and prosperity to her brother and his family. The brother takes a vow to protect his sister from any form of fear and exploitation - physical, economic, moral or spiritual

So says the legend…

Raksha Bandan is a unique festival known only in Hindu culture, establishing a powerful bond between sister and brother. Sister prays for divine protection and manifests emotional love in the form of the thread to save her brother from all forms of evils beyond mere physicality. Brother vows to provide protection from fear or exploitation of any kind, whatsoever. Recognition of this unique love energy establishes a powerful family bond. In this relationship the male and feminine energy remains intertwined in the most powerful way of pure love.


Saturday, August 1, 2020

Challenges and Prospects of Hindu Diaspora

Pranam... 
     The last three days will remain to be the most memorable days for me for times to come. It was indeed a treat to meet you all, it was indeed a treat to hear you all, it was indeed a treat to learn the manner in which each one of you is making serious efforts to realize one’s own Self and helping others to realize their own selves in the present country of your residence. The three days mark the three phases of life birth, youth and old age. As the conference ends today we will disperse and again meet again in the next conference, a rebirth. This is Hinduism existing in its most dynamic form. 
    Hinduism is just not a way of life, it is a thought, which is manifestation of Satt (truth), Chitt (consciousness) and Anand (bliss) and, therefore, indestructible. What the Hindu Diaspora is doing for India will certainly become a part of Indian history, to be read with great respect, regard and reverence hundred years from today, like Vivekanand's Chicago address on September 11,1893. 
      I hope someone amongst you is writing the history of the role of Hindu Diaspora in renaissance of Hinduism in its mother land, else after a thousand years, a group of historians working on Indology may find it difficult to understand how USA became a yoga country, which continued to be dominated by powerful feminine energy, where original US inhabitants, Pagans, Mayas, Jews, and several other similar groups, who were at one time considered to have become extinct, were brought together by Hindus from other side of the globe and the concerted action undertaken by them resulted in coming into existence of a new global civilization based on trust, peace, harmony and bliss, for centuries. I am a diehard optimist. 
     A small story will make clear the situation we are in and a way to move forward, the name of the story is 'The ant and the grasshopper'- 
 “The Ant works hard in the withering heat all summer, building its house and laying up supplies for the winter. The Grasshopper thinks the Ant is a fool and laughs & dances & plays the summer away. Come winter, the shivering Grasshopper calls a press conference and demands to know why the Ant should be allowed to be warm and well fed while others are cold and starving. NDTV, BBC, CNN show up to provide pictures of the shivering Grasshopper next to a video of the Ant in his comfortable home with a table filled with food. 
    The World is stunned by the sharp contrast. How can this be that this poor Grasshopper is allowed to suffer so? Arundhati Roy stages a demonstration in front of the Ant's house. Medha Patkar goes on a fast along with other Grasshoppers demanding that Grasshoppers be relocated to warmer climates during winter. Amnesty International and Koffi Annan criticizes the Indian Government for not upholding the fundamental rights of the Grasshopper. The Internet is flooded with online petitions seeking support to the Grasshopper (many promising Heaven and Everlasting Peace for prompt support as against the wrath of God for non-compliance). 
    Opposition MPs stage a walkout. Left parties call for 'Bharat Bandh' in West Bengal and Kerala demanding a Judicial Enquiry. CPM in Kerala immediately passes a law preventing Ants from working hard in the heat so as to bring about equality of poverty among Ants and Grasshoppers. Lalu Prasad Yadav allocates one free coach to Grasshoppers on all Indian Railway Trains, aptly named as the 'Grasshopper Rath '. Finally, a Judicial Committee drafts and the Parliament enacts the ' Prevention of Terrorism Against Grasshoppers Act' (POTAGA), with effect from the beginning of the winter. Arjun Singh makes ' Special Reservation ' for Grasshoppers in Educational Institutions & in Government Services. 
     The Ant is fined for failing to comply with POTAGA and having nothing left to pay his retroactive taxes, it's home is confiscated by the Government and handed over to the Grasshopper in a ceremony covered by NDTV. Arundhati Roy calls it ' A Triumph of Justice'. Lalu Prased calls it 'Socialistic Justice '. CPM calls it the ' Revolutionary Resurgence of the Downtrodden ' Koffi Annan invites the Grasshopper to address the UN General Assembly . 
    Many years later - The Ant, his family, friends and other similarly situated ants migrated to the US and set up a multi-billion dollar company in Silicon Valley, Chicago and Huston. Thousands of Grasshoppers still die of starvation despite reservation, somewhere in India. As a result of loosing lot of hard working Ants and subsidizing the feed of the Grasshoppers, India continued to be a developing country!!! 
   Many years later - The Ants in the Silicon Valley, Chicago and Huston and around the globe were unable to forget their motherland. They contacted the hard working nationalist Ants in India... A Global Ants Forum for Peace and Equality was formed... seminars and conferences were held… web sites were launched, mill Emails and SMS sent... The Will and the Means were pooled together... Breaking News... Last night all the Grasshoppers in India were eaten away by the Ants... Alive... Incidentally Grasshoppers don't eat ants... ants do eat grasshopper when they get together and the time is ripe. In spite of best efforts Arundhati Roy, Medha Patkar, Lallu Prasad, Barkha Dutt and several other supporters of grasshoppers could not be contacted on their mobile"
    Several issues have been considered and discussed at length by experts and people who have spent and look forward to spend their life for the dream that I have seen in their eyes, and a lot of fire and passion that I have heard in their voice. They are ready and willing to face the challenges with all their, where with all at their command. We will achieve our dreams for the nature will help us in achieving our dreams. We are at war against poverty which came into existence as result of loot, plunder and rape of Bharat for almost 1000 yrs. by both people of Islamic and Christian origin after independence we are war with fundamental terrorism by Islam, premeditated and deliberate conversion and intellectual terrorism by Christian, ignorance and insecurity because of our own inability to understand the Truth, reservation and usurpation of temples because of vote bank politics, corruption in bureaucracy and vested interests and personal political agendas of even those in whom Hindu Diaspora had deposed their total faith and trust and many more similar issues. 
    Devis and Devtas, angles and archangels present in this rooms, in the e-age on this planet earth, which was earlier considered to be flat, till Galileo discovered it to be round and after Friedman has again discovered it to be flat. We are at war against poverty which came into existence as result of loot, plunder and rape of Bharat for almost 1000 yrs. by both people of Islamic and Christian origin after independence we are war with fundamental terrorism by Islam, premeditated and deliberate conversion and intellectual terrorism by Christian, ignorance and insecurity because of our own inability to understand the Truth, reservation and usurpation of temples because of vote bank politics, corruption in bureaucracy and vested interests and personal political agendas of even those in whom GOPIOs had deposed their total faith and trust and many more similar issues. Let's have look at the globe to appreciate the existing conflicts. 
    World consists of 192 member states of United nations with national flags with about 6.5 billion population. These countries are also the countries that participated in the Olympics at Beijing, China in 2008. One state has general international recognition but not UN membership and is governed by the Holy See (a permanent observer) Vatican City. The Holy See is a unique sovereign entity under international law vis a vis Vatican City with the Pope as the head of both, maintaining diplomatic/ official relations with over 170 state/ entities and participating in various international organizations either in its own capacity or on behalf of the Vatican city. Out of these 123 are democratic and the balance are monarchy. Out of these 192 countries, majority in 100 countries and about 2.25 billion of earth population constitute the Christian group, English speaking, church going and they write from left to right, from top to bottom and their Bible talks of love. Love is bringing emotional light to dry, placid and brute life, but they have controlled every country in the world, except Japan. 
     Majority in about 57 countries and about 1.65 billion of the world population speaks Hebrew, Farsi or Urdu and write from right to left, from bottom to top. They constitute the Islamic group which based itself on jihad, which in its true sense would mean bringing light to the dark places, but they would eliminate every other human being who would not accept their dominance and control. 
   The majority in the remaining countries and the minorities in these 157 countries, which constitute about 2.35 billion people are constituted of Pan Chinese, Hindus, Jews, Shintos, Pagans, Taos, Mayas, Maoris, Zartoshtas and other similar known and unknown groups who do not constitute a cohesive group and have their own scripts and languages. They all have a common philosophy which originated on its own through deep meditation and practical life experience from nature, of their ancestors, seekers and spiritual leaders and that is harmonious co-existence and a deep rooted unshakable belief in a powerfully webbed and networked structure supported by a single immutable, omnipresent and all pervasive cosmic energy. This is the group which the Hindus should bring together like beads in a necklace. 
   There is a fourth group which consists of Communists, an economic philosophy. Three of the four groups are in a serious conflict with each other for establishing their control, supremacy on the fourth group, to enable them to exploit it, usurp its produce, as has been done for centuries. They are devising and have devised new methods in the e-age. 
   Five things are important when we go for war and we are at war as most of us feel it here and these are: Will, Team or man power, Strategy, Means or finances and Execution or action. Presence of all of us here shows our strong will. We are wonderful individual players, but poor team players, some of press the gas paddle while other press the break and the result is that the car continues to make noise but does not move. It is time to create a team, which can work in sync for each issue and create a common strategy for each issue.
    All the projects that have to be undertaken will need finances, me thinks finance is a serious issue, not because it is not available, but we have to have a group of people of highest integrity, trust and vision who can manage these funds. Lot of trust has been shaken by the downfall or fall down or BJP government. Finally all the will, team, strategy, and means are about execution, Hinduism and its basic document Gita is all about action. Action with perfection in pure professional manner, without fear and attachment for anyone. Now finally, the steps of action: 
  1. Develop a database of friends and those who are not friend
 2. Reach PIOs and all those who believe in networking and harmonious existence in all the 192 countries in the world  
 3. Create a Hindu Fund. To be managed by people of highest integrity-disassociate politics from corrupt fun
 4. Empower temples so that they become seat of spiritual power, that is where Hinduism lives, associate youth with them to create checks
 5. Bring the entire third group under one umbrella which believes in love, trust, peace and synchronization
 6. Create and execute a practical strategy to bring correct interpretation of the three groups - neo Christians (based on eternal love), neo Islam (based on true enlightenment) and neo communism (based on Votership), don't get into the conflict, continue to empower the self. 
  7. Select 551 CEOs every 5 yrs. on the lead India model, these persons can contest election from 551 constituencies for Parliament in India on the banner of a new Global Political Party for India. Similar Political Parties must be put in place in all the 123 democratic countries to support those who believe in earned rewards and rewarded duties as contradistinguished from control and exploitation and equality in true sense
  Thanks a lot to Swami Vigyanand Ji, to give me this opportunity, Raj, Rajiv and all others who have organized this wonderful convention… 
Thanks a lot... Jai Hind… 
Aruneshwar Gupta 
President, 
Hindu Heritage Pratishthan
Human Empowerment Convention 2008 Oct.31st – Nov.2nd, 2008, Chicago, IL

Wednesday, July 29, 2020

Law Profession as a Career - 1

Law profession evolves slowly and you not only grow with it, but it grows into you.

Ten Mantras to make the most of your initial years
1.   Be in the chamber, office, or court from 9 am to 9 pm, keeping Friday evenings off. Never leave the office without preparing the cases listed for the next day.
2.  Observe how seniors hold conferences with client and advocates prepare the brief, drafts or settle pleadings and make their oral submissions.
3. Observe how the judges accept or disagree with the arguments and make their observation in court. Learn to think like a judge.
4.  Carefully analyse the judgment, when delivered and understand how the judge had appreciated the arguments of both the sides and made findings on each issue.
5.   Continue to absorb as much as possible from the seniors and the court, talk to them. Hear and learn from their experiences.
6.   Never enter the court without being thoroughly prepared with the matter listed in the court.
7.   Never leave the court till your matter is over.
8.   Always be updated with the judgments of the Supreme Court daily. Maintain your notes register and remember the citation. It gives you a cutting edge and makes your contribution to a senior meaningful.
9.   While waiting for your case to come up, don’t stand in the corridors gossiping, that you can do after you have put in twenty years. Sit in the court and carefully follow the proceedings in the case being heard. Learn about judges’ perception, the way the propositions are being considered, and the nature of existing and new litigation.
10. Read biographies of judges, advocates and other books

 

Build rapport with the judges
If you tell the judges the true and correct facts and the existing judgments on the issue and how justice can be done between the parties, judges are always ready to accept your submissions and in the process, they also develop confidence in your integrity, which to my mind is the greatest treasure that one can earn in life.

Eleven steps for a promising future as a lawyer
The career starts where college ends and with the existing legal education system, a young graduate will have to develop meaningful skills to make an effective foothold in the profession. Apart from what has been stated above, all students must remember and understand:
1.    Nobody likes to visit an advocate unless it becomes imperative. Every client that comes to you knows the facts of his case and the injury that he is suffering. He needs the help of an advocate to get respite and relief.
2.  Listen carefully to the clients’ problems and issues. Never presume facts, always keep your mind and options open.
3. Always prepare your drafts after reading each document and carrying out complete research on statutes and judgments on the subject. Be ready with judgments on both sides – for and against.
4.  Learn to use your intellect and skills to the work in hand as it comes to you.
5. Every advocate around you has her/his career, aptitude, attitude, attributes, and approach. Don’t copy anybody, imitation is suicide.
6.  Never place incorrect facts or mislead the court because in the end the true and correct facts will always come before the court. Never lose the trust of the judge, don’t allow him to black you out. Once a judge stops believing in you, he will not grant you discretionary reliefs and that is very painful.
7.  Never be discourteous or show your tantrums in court. There is always an appeal to a higher court.
8.    Always dress properly, presentation is very important.
9.  There are no short cuts in the profession. Don’t try to rush through the profession, move forward step by step.
10. You must love reading, writing, thinking, and open analysis. If you don’t have those potentials don’t spend your time in this profession.
11.  Enjoy your vacation time. Get out of town and be with your family. Enjoy every bit of your personal and professional life.
Feel proud to be an advocate. From the time a child is conceived till the succession certificate of her/his properties is issued, legal issues are affecting every person. There will always be abrasions in society, advocates will always be needed, there is no shortage of work, but there is certainly a dearth of good professional advocates. The most difficult, but the most important thing is to think and that is what you are paid for. Read, think, analyse, and express clearly and correctly.
People will continue to come to you for opinion, advice, and engage you as a professional. Perform your best in every case by understanding the facts, the issue, and the social evil underlying it, understand the applicable statute, know, and find the right precedents supporting your case. 
Law is the most dignified profession and is dynamic. It evolves slowly and you not only grow with it, but it grows into you. It helps you to grow into a better human being as you continue to search for truth and help judges to do justice between the parties.
In the profession we deal with abrasions of the society, so you will always be dealing with violence, exploitation, illegalities, breaches, manipulation, and mechanization. All that should not be a deterrence, but a motivation to perform better and work to your perfection and enjoy the bliss of your existence. Only a happy advocate can perform best.
Always be a happy advocate.

Sunday, June 21, 2020

Artificial Intelligence (AI) and Legal Institutions

       In 1972 Bobby Fisher took over title from  Boris Spassky to become the World Champion and in the same year he played three games against the Greenblatt Program and massacred the computer. In his comments on the games, Bobby said that the computer was very weak and that he could give it great odds and still beat it. In 1989 IBM took up the challenge and build up a computer chip ‘Deep Thought’, which evolved to ‘Deep Blue’, ‘Deep Blue Jr.’, ‘Big Blue’ and finally ‘Deep Thought II’ as it continued to play against grand masters over and over again.
      In 1997 Garry Kasparov was hunched over a chessboard, visibly frustrated. He was fidgeting in between turns and shaking his head in disbelief as he waited for his opponent to put the final touches on an inevitable victory. Finally, Kasparov made his move, stood up and raced away from the board.      He raised his arms, astounded that he was beaten by a machine. His opponent was the IBM supercomputer, a machine that was capable of imagining an average of 200 million positions per second. Going into the match Kasparov was confident, he was the Michael Jordan of chess. He had been beating chess-playing computers and was considered nearly unbeatable.
       When Kasparov, one of the greatest chess players of all times, lost to a computer in front of a global audience, Artificial Intelligence was out and open and the time had begun when machines were ready to surpass humans in processing data and accurately displaying results, based thereon. The computer continued to use the logic of the grand-masters in arriving at the result and using the final result as new information. By that process the computer reached at a more refined inference and was able to infer at much quicker pace, though it lacked originality or a new idea with which it could experiment, which faculty is unique to human beings.
    The real purpose of AI was and will always be to help homo sapiens to evolve further as better human beings. The direction of human evolution and all institutions evolved by him including law, is to create a harmonized, conflict free civil society without exploitation and corruption and to provide compensation where ever there is misuse of power, will has been suppressed, injury has been caused and damage has been done.
    A chess board has 64 squares, 32 black and 32 white and has 32 players on the board, 16 black and 16 white. Move of every player on the board is defined by rules of the games. The entire game is about placing of each player strategically to checkmate the opponents’ king. With every move the position of the board changes and that leads to making a new move by the opponent. Over the years, 1972 to 1997, the computer continued to absorb the moves of the grand-masters with whom it played and processed the next best move based on the logic of the location of the players on the chess board, by the grand-masters. The next best placement evolved by looking at the moved played by the opponent, the position of the entire board i.e. the placement of all the players on the board on black and white squares and the possible and likely moves that may be made in future. The next move was the result derived from the sum total of all the positions and moves played by all the grand-masters against it all these years.
      In every litigation there are a certain set of facts existing prior to the filing of Suit or FIR. There are about 1250 Central Acts and about the same number in each State and Union Territory, more are enacted and amendments are brought about to the existing enactments regularly. There are Rules, Regulations, Notifications, Memorandums and Government Orders (‘Statutes’) existing and issued almost every day. Supreme Court has in it’s about 50,500 judgments (1950 till date) considered more than 4,000 of such statues and other notifications etc. having force of law. There are about 10 lakh judgments delivered by High Court all over the country and have interpreted a large number of statues and notifications etc. as and when any issue arose before it.
     This is like the setting of a chess board. The parties and their advocates strategically apply statutes and judgments to the facts of their case and by a process of dialectics make all out efforts to get justice in their favour. Unlike chess where the winner is decided by checkmating the opponents’ king, in litigation the Judge decides the winner as he reaches to truth and justice by a process of logic and reasoning based on his perception and experience. In every case the judge has to give grounds for his judgment and hold one party as winner and other as looser on the basis of the information, understanding and appreciation of the facts stated in documents and pleadings, relevant statutes and judgments and his insight into socio economic milieu. He has to compensate the person who has been wronged in civil cases and punish the guilt in criminal cases.
     The documents and pleadings in every case are unique to itself. No two faces are same and no two cases are same, they may be similar or even twins. That makes law different from chess. The society is dynamic and evolving and so are statutes and abrasions. Statues are enacted to deal with abrasions or to regulate the social relationship to restrain abuse, exploitation and corruption. When Kasparov was beaten the computers’ were capable of making 200 million calculation per second and had limited storage capacity. Today they can make up to 10,000 billion calculations per second and have unlimited storage capacity, everything is on the cloud.
   Application of AI to legal institutions is irreversible and unalterable process of evolution and we will have to adopt the same sooner or later. The sooner we accept the change, earlier we will be able to evolve further. It is the most meaningful and phenomenal change for which we have been waiting for a long time, to wipe out every tear from every eye, by bringing justice to all. Once an authentic data on uniform parameters of all the judgments of Supreme Court and High Court, relevant Statutes, pleading and documents therein is created, AI application can provide the following help to all the stake holders, which will continue to become more meaningful and significant as it will be  made more and more applicable:
1.  Benefit to litigants:
a.  It will be possible to read and cull out relevant data from any number of documents and sorting them on the basis of dates and also on relevance. Once the appropriate data is extracted out of the documents, the facts and events can be arranged in strict chronology. On the basis of the information thus extracted, further help can received in drawing out a list of dates and events. In most cases the facts and events are not disputed, in Singapore the advocates have to draw a common list of dates and events. What is in dispute is the understanding, interpretation and the reason behind the event.
b.   After analyzing the dates and events and the existing database of judgments and statutes, the application can display the breaches committed by the parties and the rights of the parties which have been violated.
c.  Once the terms and conditions of contract that have been breached are determined or the provisions of statues that have been violated becomes available, the application can provide the list of judgments that will support the case.
d.    Finally it will also be possible to determine
                i.  the possible time consumed in reaching to the end of litigation
               ii.  the cost of litigation
              iii. whether it will be meaningful to take up the litigation or not
2.  Benefits to Advocates:
a.     Drafting of Deeds, Wills, MoU, Agreements are already in vogue. But it is difficult to lay your hands on formats which are tailor made for the purpose. AI application can help in reaching to a more authenticated format to be used.
b.     Authenticated translation of documents from local languages to English, particularly at the High Court and Supreme Court level still continues to be serious issue. As the database of documents, pleadings, submissions and judgments continue to grow in both vernacular and English Language, more authenticated translations can be made available at a much quicker pace.
c.      Use of AI application will certainly improve the quality of pleadings by eliminating grammatical mistakes and using legal language, spell check is already available. Once a true and correct list of dates and events and pleadings is ready, the next step will be to help in preparing:
                     i.    Issues
                    ii.    Question of law
                   iii.    Grounds in support of the pleadings
d.       Once the pleadings are completed AI application can help in matching them with the oral evidence that come on record.
e.        After the pleading and evidence is completed, the application can help in framing of submissions.
f.        Finally the application can provide for relevant judgments in support and against the submissions.
g.       Based on the entire litigation material the application can also evaluates the pros and cons of the submissions and then assigns a score for each submission
h.      AI can radically make legal research much easier. The humongous redundant results by word search and search within search can be minimized. Advocates always need precise and only the most relevant judgments to be made applicable to the case in hand as precedents. Judgments can be recommended for the specific facts and submissions of the case, which fits their need.
i.        Once the parameters for appointment of senior advocates and judges of High Court are objectively defined, it will be possible for those who wish to make that stream, as their life objective to follow the parameters and reach his/ her avowed ambition for which s/he is willing to work with humility, determination and perseverance.
j.        At the time of elevation of an advocate as judge, it will be possible for her/ him to follow well defined path and be aware of the others in the field, whom s/he will face for appointment as Chief Justice of High Court, judge of Supreme Court of India and Chief Justice of India. A substantial amount of prejudices and preferences will be effectively eliminated.
3.  Benefits to Judges (at all level):
a.   Make the understanding of facts simpler and easier
b.   Provide options in analyzing the facts and decision making process
c.   Provide options for granting punishment to accused and compensation to victim in criminal cases
d.   Provide options for granting of relief, compensation, damages and costs in civil cases
e.    Help in usage of better language and usage of right words and terms
f.   Improve writing of judgments by providing the ground and judgments which supports the final view taken
g.   Identify tonal nuances of the judgement being written and help making them neutral and objective.
h.    Bring about content quality and  consistency
4.  Benefit in appointment of High Court Judges, Chief Justice of High Court, Judges to Supreme Court and Chief Justice of India:
a.    Once the data on the performance of each advocate in each case from the inception of her/his career, becomes available on objective parameters, it will be possible to pick up the best talent from the bar for appointment as judge of High Court. AI will be able to retrieve the following data for each advocate:
                    i.     Petitions and Counters drafted – Subject and issue wise
                   ii.     Admission matters argued – subject and issue wise, including time spent on legs
                  iii.     Final hearing matters argued – subject and issue wise, including time spent on legs
                  iv.     Written Submissions submitted in court or Propositions of law propounded
                   v.     Articles and books published
                  vi.     Presentations and Addresses delivered in national  and international conferences
             vii.    Judges can continue to enter and mark conduct and performance of each advocate in case in which they consider it noteworthy on the parameters like presentation, dignity while addressing, pitch and tone of voice, mannerism, gestures etc.
b.     Once a person is appointed as a Judge of the High Court, report on her/his performance can be objectively retrieved from the proceedings, orders and judgments delivered. Analysis of every Judge can be made by using multivariate regression method of her/his as a single puisne judge, puisne judge along with a senior judge and as presiding puisne judge. Some of the parameters can be:
                     i.    Proceedings issued
                    ii.    Orders delivered - subject and issue wise, including time taken
                   iii.    Judgments delivered - subject and issue wise
                   iv.    Appeals and Special Leave Petitions filed against orders and judgments delivered
                    v.    Orders and judgments confirmed and set aside by Supreme Court
                  vi.  Judgments of Supreme Court, High Court and other courts referred, considered, analysed, explained, applied, distinguished and held obiter etc. in the judgments delivered
                  vii.  Ratio between proceedings, orders, signatory and judgments delivered
c.      Propositions of law propounded in judgments
An algorithms can be developed to use the above data and identify the perceptions of the judge and her/his proficiency in bringing justice to the litigant. It will also be possible to identify inconsistencies in judgments in respect to a particular issue arising in a subject. This data can be used meaningfully for the purposes of her/his elevation as Chief Justice of the High Court and elevation as Judge of the Supreme Court.
5.  Benefit to Legislature and Executive:
a.      There are three basic reasons for a litigation:
                i.    The statute is invalid,
                ii.   The statute is valid but the action is invalid,
              iii.  The person has taken some advantage by violating a provision of statue or breached a term and condition and does not wish to compensate back to the state or the person from whom the benefit have been taken by him.
b.     Normally 50% of litigation is civil and 50 % is criminal and in civil cases 85% are those in which Government is a party. Out of the 3.3 Crore pending  litigation, an AI application can be run on the about 1.40 Crore Civil litigation in which Government is a party, to determine under which of the three heads the case is falling.
c.    If the Legislature understands and realizes that the litigants have approached the court because the statute is invalid in view of law laid down by Supreme Court, they can make amendments to the Statute and that will lead to disposal of all those cases. If the Legislature still persists on continuing with the litigation, the Court must burden the legislature with heavy costs
d.   If the Executive understands and realizes that the litigants have approached the court because the statute is valid, but the action taken by them is invalid, the executive can retrieve the order and get the cases disposed of. If the executive still persists on continuing with the litigation, the Court must burden the Executive with heavy costs.
e.    If the analysis is that the person has taken some advantage by violating a provision of statue or breached a term and condition of the contract and does not wish to compensate back to the state or the person from whom the benefit has been received and is using the process of court to stall such recovery. The court should give him an option to withdraw the litigation and pay back the advantage received by him. If the litigant still persists on continuing with the litigation, the Court must burden with heavy costs.
f.    A mature AI application can over the years help the legislature and executive in ascertaining the validity of a statue or action at the time of its enactment or passing of the order and the possible impact it will make on the exiting judgments and statutes.
         All this can dramatically reduce the mechanical work of the Advocates and Judges and make their contribution to justice more meaningful and purposeful. They can take time in thinking more than what is already made available by the machine. However, AI will never ever replace the ingenuity of an advocate and experience of a Judge and that will be the real test of her/ his value worth as a lawman, to think out of box which is working with her/ him shoulder to shoulder.
        The final vision of application of AI to legal Institutions is that before entering into litigation, the person should be aware of his coming karmas. Before filing the case and during the process advocates are able to put their best foot forward. Before passing an order or delivering a judgment, the same could be thoroughly examined. Finally as soon as a statute is enacted or a judgment is delivered, it must be possible to objectively say “This is Law! This is Justice!” or “Is this a Law? Is this Justice?” This will be the true application of Artificial Intelligence to the legal institutions, not just creating some meta-tags to help retrieval of judgments on subject and issue, which application has now become ancient.

Aruneshwar Gupta
Senior Advocate, Supreme Court
22.06.2020