Tuesday, November 14, 2023

Finance Revolution 4.0 - Cryptocurrency Reaching the Unreached

 Introduction: The evolution of human societies has always been accompanied by the evolution of our economic. From the earliest days of civilization, the need to exchange goods and services led to the development of various systems for trade. These systems have come a long way, transforming from rudimentary practices of barter to sophisticated financial networks. Each significant change in these systems can be viewed as a revolution in finance, paralleling the evolution of human society itself as a whole.
The Early Stages of Economic Exchange: Finance Revolution 1.0 occurred with the establishment of agricultural societies. Here, the barter system was introduced, allowing for the direct exchange of goods and services without the need for a standardized medium of exchange. This system, though effective in small communities, had its limitations, especially in larger, more complex societies.
Industrialization and the Emergence of Standardized Currency: With the onset of industrialization, there was a need for a more efficient and scalable system of trade. This led to the introduction of silver coins – a standardized, tangible medium of exchange. This shift marked a significant evolution in the world of finance, streamlining trade and commerce and paving the way for more complex economic interactions and marked Finance Revolution 2.0
The Rise of Fiat Currency and Centralized Financial Systems: The next major shift came with the emergence of fiat currency, initially backed by gold. This was a move away from commodity-backed currencies to a trust-based system where the value of money was determined by government regulation and law. This era saw the rise of centralized financial institutions like the Federal Reserve and the Bank of England, which became pivotal in regulating and stabilizing the global economy and led to Finance Revolution 3.0.
Cryptocurrency: The Dawn of a New Financial Era: Post 2008, we have witnessed the beginning of what can be termed as Finance Revolution 4.0, marked by the emergence of cryptocurrencies like Bitcoin, Ethereum and Alt Coins. Unlike traditional currencies, cryptocurrencies operate on a decentralized system, free from the control of any central authority. This revolutionary technology offers a new form of wealth that is less susceptible to traditional economic vulnerabilities, and it fundamentally shifts the concept of trust in financial transactions moving on blockchain, open ledger and payments built in smart contracts.
The Impact of Cryptocurrency on Global Financial Systems: Cryptocurrencies represent a paradigm shift in the financial sector. They offer a decentralized, global form of exchange, enabling transactions that transcend geographical boundaries. This new form of digital asset aligns perfectly with the principles of the Fourth Industrial Revolution, which emphasizes interconnectivity and intelligent technological solutions.
Financial Inclusion in the Digital Age: One of the most striking aspects of cryptocurrencies is their potential for financial inclusion. With widespread access to mobile technology, cryptocurrencies provide an inclusive alternative to traditional banking systems. They are especially beneficial to populations in remote or impoverished areas, who have historically been excluded from formal financial services.
Harnessing Mobile Technology for Economic Empowerment: The ubiquity of mobile technology provides a unique platform for the proliferation of cryptocurrencies. Unlike traditional banking systems, which often require extensive infrastructure, cryptocurrencies can be accessed and managed through simple smartphone applications. This accessibility has the potential to democratize financial services on a global scale.
Representing and Mobilizing 'Invisible' Wealth: The world is replete with untapped pro bono work that significantly contributes to community welfare but remains unrecognized in traditional GDP metrics. Cryptocurrencies and blockchain technology offer an innovative way to represent this 'invisible' wealth, quantifying and rewarding contributions that have long been overlooked in economic assessments.
World will be richer by 2.1.quadrillion Satoshis - Satoshi Nakamoto's introduction of Bitcoin revolutionized the concept of currency, not by creating 21 million Bitcoins, but rather 2.1 quadrillion Satoshi – the smallest unit of Bitcoin. This profound innovation extends far beyond a simple numerical figure; it represents a new paradigm of wealth generation, one that is slated to continue until the year 2140. Unlike traditional wealth, which is often marred by histories of looting, plundering, or exploitation, the wealth generated by Bitcoin is underpinned by a 'proof of work' system. This system ensures that the creation of new Bitcoins (or Satoshis) is the result of computational effort and energy. The creation of Satoshi's and the evolution of Bitcoin is not just a technological or financial milestone, but a step towards a more sustainable and equitable global economy. It is a clear example of how the Fourth Industrial Revolution can harmonize the creation of wealth with the urgent need for sustainable development, challenging traditional notions of value and resource utilization
In consonance with UN SGDs - This approach to wealth creation resonates deeply with the ethos of the United Nations' Sustainable Development Goals (SDGs). The SDGs aim to address global challenges, including those related to the environment, economic inequality, peace, and justice. Bitcoin, in its essence, contributes to several of these goals. The 'proof of work' model embodies a form of digital 'mining' that, unlike traditional mining, does not deplete physical resources. Moreover, the decentralized nature of Bitcoin reduces inequalities by providing access to a global financial system, irrespective of users' geographical location or socio-economic status. The ongoing advancements in blockchain technology are leading to more energy-efficient protocols, aligning with the SDGs' focus on sustainable energy and climate action. This 'green wealth' generated by Bitcoin and other cryptocurrencies is not just about financial value; it's about creating a more equitable and sustainable world. By leveraging technology, cryptocurrencies offer a pathway to a financial system that aligns with broader global objectives of sustainability and equality.
The Regulatory Challenge: Balancing Innovation and Stability: The rise of decentralized technologies like cryptocurrencies poses a unique challenge to governments and regulatory bodies. These entities, which represent centralized authority, are now tasked with regulating a system designed to operate beyond traditional controls. This situation reflects a fundamental tension between established financial systems and emerging technologies, requiring a careful balancing act.
Conclusion: The emergence of virtual assets and cryptocurrencies marks the beginning of a new era in finance. As part of Finance Revolution 4.0, these technologies are not just reshaping the financial landscape but are also playing a crucial role in the broader societal transformation towards a more inclusive, sustainable, and interconnected world. As we continue to navigate the Fourth Industrial Revolution and Globalization 4.0, cryptocurrencies stand at the forefront of this change, representing a new 'Fourth Dimension' in finance and beyond.

Sunday, November 5, 2023

Shrimat Bhagwad Geeta - Confluence of Sanaatan Knowledge and Wisdom

We exist in a powerfully webbed and networked structure, where people with divine energy continue to work with integrity, faith and trust and making efforts to live in peace and harmony without exploitation and without suppression of will of fellow beings. However, people with asur or dis-harmonized energy continue to act without integrity, faith and trust as they continue to exploit others, supress their will and perpetrate corruption. In Chapter 16, shalok 16.01 – 16.05, Shri Krishan expounds 28 (twenty-eight) attributes of people with divine energy and in shalok 16.04 – 16.20 explicates 64 (sixty-four) characteristics of asur, disharmonized, toxins, narcissists, vampire, zombies and the like beings. These traits are sanaatan in nature, they exit forever in different combination in all human beings around us and every one of us must know about them early in life, sooner the better.
        Every individual is in a constant struggle to achieve total harmony and perpetual happiness. In the process every person continues to make serious and sincere efforts to resolve the conflicts within one’s own self and those existing in the world around. In this process of resolving conflicts, every person at every moment needs necessary information, understanding, knowledge and wisdom to guide him to deal with the same. Every moment the divine and the asur energies within and outside seems to continue to come into conflict as we are struck by futuristic trauma as happened with Arjun, just before the beginning of the great war of Mahaabhaarat. Arjun, a kshatriye, one of the finest archers of his times, a great warrior, with vast experiences of combats, fights, war, knowledgeable in various arts, with potentiality for clear and objective intellectual analysis, but also emotional was overwhelmed by futuristic trauma (shalok 1.28-1.46, 2.4-2.8).
        As soon as Arjun realized the post-war scenario, in which almost all 4.5 million heroic and fearless human beings were to be wiped off the face of earth, leaving behind old parents, widows and children, leading to varn admixture and pitr dosh, he was seized by feeble mindedness, confusion and grief resulting in deep distressing state, affecting his entire persona. As he watched both the armies locked in fierce battle, he felt that the war will not serve any purpose and will lead not to victory but to death of millions and that was unacceptable to him as a king. He strongly felt that every benefit of war will be lost after the war with extermination of all kith, kin and fellow beings and he was struck by total emotional breakdown.
        Arjun narrated his harrowing emotional feelings and condition to Shri Krishan who as his true and closest friend had agreed to be Arjun’s charioteer. Shri Krishan begins his address with a powerful statement to shake Arjun and connect him to fundaments of existence in Chapter 2 shalok 11 to 30:
        "You grieve for those who should not be grieved for, yet you speak like wise. The wise grieve neither for the living nor for the dead11. Neither I, nor you, nor any of these ruling princes were ever non-existent before nor is it that we shall not cease to be in the future12. The indweller in the body experiences childhood, youth and old age of the body and also passes on to another body, the serene one is not affected thereby13. The contacts of the senses with their objects create son of Kunti, feelings of heat and cold, of pain and pleasure. They come and go and are impermanent, bear them patiently, Bhaarat14.  That man, the best of men, is fitted for immortality, whom these do not torment, who is balanced in pain and pleasure and is steadfast15. The unreal has no existence, the real never ceases to be. The truth about both has been realized by seers16. Know that to be certainly indestructible by which all this is pervaded. None can affect the destruction of the immutable17. These bodies of the Indweller, who is eternal, indestructible, and immeasurable are said to have an end. Fight, therefore, Bhaarat18.  He who holds aatma as killer and he who considers it as killed, both are ignorant. It kills not, nor is it killed19. The aatma is neither born nor does it die. Coming into being and ceasing to be, do not take place in It. It is unborn, eternal, constant and ancient. It is not destroyed when the body is slain20. He who realizes the aatma as indestructible, eternal, unborn and changeless, how can he kill, Paarth, or cause another to kill?21 As a man casting off worn out garments puts on new ones, so the embodied, casting off worn out bodies, enters into others22. Weapons do not cleave the Aatma, agni burns it not, water wets it not and wind dries it not23. This Self is un-cleavable, incombustible and neither wetted nor dried. It is eternal, all pervading, stable immovable and everlasting24. This aatma is said to be un-manifested, unthinkable and immutable, therefore, knowing it as such, you should not grieve25 or if you conceive of aatma as given to constant births and deaths, even then, mighty armed, you should not feel sorrow26. Death is certain for that which is born, birth is certain for that which is dead. You should not, therefore, grieve over the inevitable27. Beings are all, Bhaarat, un-manifested in their origin, manifested in their mid-state and un-manifested again in their end. What is the point then for anguish?28 One beholds the Self as wonderful, another mentions it as marvellous, another again hears of it as strange, though hearing yet another knows it not at all.29 This Indweller in the bodies of all is ever indestructible. Bhaarat, therefore, you should not grieve for any being.30
        As they enter into conversation, Arjun continues to ask questions, raise issues and even challenge the authority of Shri Krishan, with the sole purpose of refraining to enter into war and that led to unfolding of sanaatan knowledge and wisdom which was spread in ved, vedaant, upanishads and in sanaatan culture, which has continued to move down the ages as smriti and shruti. What unfolds is various nature of beings, their attitudes, eternal nature of the absolute truth, attributes of cosmos, various paths that are followed by homo sapiens, for their spiritual growth and self-realization.
    Shri Krishan with his multi-dimensional existence apprises Arjun as Shri Krishan (human), consciousness (aatma), total consciousness (param-aatma) and beyond consciousness (cosmos). Shri Krishan acts as a peace mediator resolving all existing conflicts between Arjun, who was trained all his life to fight wars on one side and emotionally blocked Arjun who was restraining to fight war, on the other side. Shri Krishan addresses the deep internal conflict within Arjun’s mind which arose in view of the futuristic trauma or social sufferings that may arise in future and will affect generations to come. Shri Krishan, who was well aware of the coming changes, continued to answer all queries of Arjun with a smile, showing him the larger picture, the cyclical transitory time, spiritual dimension of all beings and existence of a single cosmic energy beyond and as the basis of all that exists in this universe and all that is sanaatan wisdom. The interactive session finally helped Arjun to resolve his conflicts and perform his duties with perfection and without delusion.
       The brilliance of generative dialogue between Shri Krishan and Arjun is that Shri Krishan continues to expound the sanaatan knowledge and wisdom without telling Arjun what needs to be done. Sanaatan knowledge and wisdom helps Arjun to take decision on his own and the that the brilliance of it all
Shalok 8.17 refers to the beginning of the time or the awakening of Braham for one day after one Brahm night = One kalp = 14 Manvanta + 1 Sat yug = 1000 yug  = 4,320 000 00 years, expounds the calculation of time or kaal gadna also existence of cyclic time as contradistinguished from Abraham religions which are based on lateral time.
    Chapter 13 deals with kshetr and kshetragye, the body and the embodied or the Prakriti and the Purush. This is the most important and the least understood basis of sanaatan philosophy. Purush is aatma, ishwar, jeev, praan, self, conscience, consciousness, cosmic reality, cosmic energy, life element, living spark, soul, spirit, absolute truth, will, embodied, in-dweller or any other name connoting the life element in being with some attributes as referred in Chapter 2. Prakriti is everything other than the Purush, including the five basic element – earth, water, fire, air and space, five gyaanendriyaan or sense organs – eyes, ears, nose, tongue and skin, which perceives the objects of senses, five karamendriyan – mouth for speech, hands for action, feet for moment, genital organs for reproduction and anus for excretion, by which we undertake action. Everything that exists in the world around is also a combination of Purush and Prakriti. Shalok 13.5 and 13.6 expounds the same as follows:
       The great elements, egoism, intellect, as also the un-manifested, the ten senses and the one mind and the five objects of the senses5, desire, hatred, pleasure, pain, the aggregate intelligence, firmness, the kshetr has been thus briefly described with its modifications6.”
13.7 to 13.11 explicates knowledge and ignorance as follows:
Humility, modesty, non-injury, forbearance, uprightness, service of the teacher, purity, steadfastness, Self-control7, tranquillity towards the objects of the senses and also absence of egoism, perception of evil in birth, death, old age, sickness and pain8, non-attachment, non-identification of Self with son, wife, home and the like and constant equanimity in the occurrence of the desirable and the undesirable9, unswerving devotion to Me in yog of non-separation, resort to sequestered places, distaste for the society of men10, constancy in Self-knowledge, perception of truth as the end of the knowledge, this is declared to be knowledge and what is opposed to it is ignorance11.”
        Shalok 13.12 – 13.18 describes Purushottam or total cosmic energy -
    “…Beginningless is the supreme Brahm. It is not said to be ‘sat’ or ‘asat’12. With hands and feet everywhere, with eyes and mouths everywhere, with ears everywhere, He exists enveloping all13. Shining by the functions of all the senses, yet without the senses. Absolute, yet sustaining all, devoid of gunn, yet He experiences them14. Outside and within all beings, the unmoving and also the moving, because of this subtlety, He is incomprehensible, He is far and near15. He is undivided and yet He seems to be divided in beings. He is to be known as the supporter of beings. He devours and He generates16. The light of all lights, He is said to be beyond darkness, knowledge, the knowable, the goal of knowledge, seated in the hearts of all17. Thus the kshetr, knowledge and that which must be known has been briefly described…18
      In Chapter 10 – shalok 10.20 – 39, Shri Krishan narrates 76 (seventy six) attributes of Parameshwar or Purushottam dealing with the manifestation. Some of them are Sun amongst luminaries – shalok 10.21, Moon amongst planets - shalok 10.21, Mind amongst senses – shalok 10.22, Ocean amongst water bodies – shalok 10.24, Om amongst sound – shalok 10.25, Jaanvi (Ganges) amongst rivers All these gives the widest spread of knowledge about the cosmic expression in the world and things around us in its most outstanding and brilliant form.
     In chapter 14, shalok 14.06 – 14.16 Shri Krishan deals with the attributes of the three gunnsaattvik, raajsik and taamsik and in chapter 17 and 18 deals with the spread of three gunn in different events of beings.  He narrates the nature of Sattva – shalok 14.06, 14.09 – 14.11, 14.14, 14.16 -14.17, Rajas – shalok 14.07, 14.09, 14.10, 14.12, 14.15-16 and Tamas -shalok 14.10, 14.13, 14.15-16. He describes three kinds of shradha - shalok 17.02 – 17.03, worship – shalok 17.04, austerity – shalok 17.05 – 17.06, food – shalok 17.07 – 17.10, yagye – shalok 17.11 – 17.13, speech – shalok 17.15 – 17.16, gift – shalok 17.20 – 17.22, abandonment – shalok 17.07 – 18.09, knowledge – shalok 18.20 – 18.22, action shalok 18.23 – 18.25, doer shalok 18.26 – 18.27, intellect – shalok 18.30 – 18.32, firmness – shalok 18.33 – 18.35 and happiness shalok 18.37 – 18.39. All this gives deep and complete knowledge of them all and this knowledge is all pervasive.
       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 this words of wisdom is 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. The world has choicelessly moved from the third to the fourth dimension after experiencing the covid cosmic kick and have become aware of the metaphysical existence of us there is awareness of toxin free health, pollution free environment and non-conflicting existence. Reading, understanding and assimilation of the simple but deep learning so beautifully expounded in Shrimat Bhagwad Geeta has more relevance and significance to mankind today than ever. There is not a single word in the song celestial which does not contain an underlying thought or hold a significant meaning to relate to the path that every human being is traveling in lateral time and existing in quantum way. It is for us to locate our standing in the universe and move forward to achieve the true and real purpose of life. It is also for us to see why those who, though seem to be rising on social ladder, are falling from the true and real purpose of life, until the truth dawns and the karmic colours splash on life’s canvas, following irreversible laws of nature, without judgment.
       The song Celestial helps us to unwind all that riddles us once we decide to let our life loose. There is not a single word or thought which can be added in the song celestial here, there, or anywhere. Shrimat Bhagwad Geeta is a complete code, with its tributaries and attributes reaching all over. Time and again it becomes imperative for everyone who in the process of seeking realization seeks to decipher the mundane and the ephemeral as also the metaphysical and ethereal to perceive the picture as a whole, which it quests to experience, as the goal and purpose of coming into existence.
        Shrimat Bhagwad Geeta is one of the most powerful documents to be read and re-read, to enable understanding of the people and world around and realising the true nature of Self. It helps us to begin or to end in the most profound manner the so-called war between forces that are blindfolded by lust, greed, and desire to control and continue to exploit others and feel more authorised, empowered, and sanctioned, to continue in their venture, on one hand. On the other hand, are those that have the necessary wisdom, knowledge, experience and understanding and wish to continue to exist helping each other and feel pained by the miseries of the exploited and the exploiters and keep evading the war until it becomes inevitable, for that brings several other kinds of misery, unhappiness, and disasters. It is imperative to have awareness of the whole to act meaningfully and effectively act in the world to our perfection and continue to enjoy bliss of existence.
       The advent of the new age demands re-enforcement of the same said principles and the underlying energies in a new form to be fully appreciated, understood, and realised. One of the basic ingredients of sanaatan belief system is the physical experience of Truth and that is one reason that the fundamentals of philosophy have survived irrespective of the onslaughts. The conscious meta - physical experience and realisation and the bliss that follows is a very personal experience and keeps the being act purposefully, till the existence continues to exist in bliss and ecstasy.
       Reading and understanding Shrimat Bhagwad Geeta is yet another step to help the perception of the conflicts and resolve them or help the perception of absence of such conflicts and negate them. In the absence of correct appreciation, understanding and realization of the Truth, every human being not only thwarts her/his own development and progress towards the Ultimate, but also gets involved in social reactions and interactions which defeat the very purpose of existence. The inability of human being to perceive the whole or Its true nature brings about thoughts and feelings like disapproval, disappointment, displeasure, annoyance, anger, dissatisfaction, depression, frustration, guilt, fear, jealousy, hatred, melancholy etc. leading to social expressions and social phenomena like lack of sympathy, unfriendliness, hostility, aggression, enmity, abuse, violence, exploitation, brutality, terrorism, poverty, corruption, divorce etc. which religion and law endeavor to minimize and control.    This book is neither intended to unsettle the minds of those who are attached to pleasure and power or to invite their opinion. This is meant merely to induce and reinforce in the wise the stimulus and vitality to carry persistently and precisely on their activities, to create a perfectly harmonized social order and help every other individual to reach Self-realization.
        It is time for us all to realize our true Self and move on a spiritual path, within. It is the time to Shrimat Bhagwad Geeta helps us to see the larger cosmic picture, our location in the cosmos, and the path uniquely suitable and provided to us. For over 5,000 years now and for times immemorial Shrimat Bhagwad Geeta will continue to help every old soul on the path to resolve the issues and help becoming conflict free, leading to move with the spiritual revolution 5.0.

Sunday, October 22, 2023

International Mediation Day - October 19, 2023

The mediation movement in USA originated as a reaction to the shortcomings and challenges associated with divorce practices in the early 1970s. Disheartened by the adverse outcomes of litigated divorces, both parties and their advocates began exploring divorce mediation as a more collaborative approach.
    In this backdrop, 1975 saw the establishment of the Family Mediation Association (FMA) by Jim Coogler, Steve Erickson, and their peers. Coogler's pioneering book, "Structured Mediation in Divorce Settlement," acted as a beacon for this emerging field. His personal experience with a painful divorce process, one that resulted in significant personal and familial losses, became the catalyst for his advocacy. Initial skepticism was palpable, with critics questioning the potential of mediation, especially for high-conflict couples. However, the pressing need for a more compassionate approach for divorcing families was evident.
     By 1981, a second influential body, The Academy of Family Mediators (AFM), was founded by John Haynes, Steve Erickson, and others. Initially, the AFM's focus was on providing divorce mediation training as a means of funding its establishment. The association rapidly expanded, offering a variety of member benefits by the mid-80s. By the mid-90s, its member base had ballooned to over 4,000 mediators and trainers.
    The growth of mediation wasn't confined to family disputes. Other Alternative Dispute Resolution (ADR) entities like the Society of Professionals in Dispute Resolution (SPIDR), Conflict Resolution in Education Network (CRE-NET), National Association for Community Education (NAFCM), and the National Association for Mediation in Education (NAME), and many more, also saw significant growth. With primary funding from the Hewlett Foundation, these organizations continued to thrive until the late 90s. By 2000 Hewlett Foundation decided that it will fund only one umbrella organization. To consolidate resources, AFM, SPIDR, and CRE-NET merged to form the Association for Conflict Resolution (ACR). This merger brought together over 7,000 members, encompassing diverse practice areas.
   The ACR's impact is evident in its establishment of Conflict Resolution Day in 2005, setting standards for school-based peer mediation programs in 2007, and its continued advocacy for peaceful conflict resolution. ACR drafted ‘Recommended Standards for school-based Peer Mediation Program, 2007 and many other standard documents for training, with a view to:
Promote awareness of mediation, arbitration, conciliation and other creative, peaceful means of resolving conflict;
Promote the use of conflict resolution in schools, families, businesses, communities, governments and the legal system;
Recognize the significant contributions of (peaceful) conflict resolvers;
Obtain national synergy by having celebrations happen across the country and around the world on the same day.
    October, with its roots in the Latin word "Octo," means eight.  October occupied the eighth place of a year when the year was made of ten months and 304 days. However, because of season calendar mismatch January and February were added and  October became the tenth month, but it did not lose its name. Eight and  October symbolizing fertility, prosperity, and peace, serves as a poignant month for such advocacy. This month sees global celebrations of peace and non-violence, especially with Gandhi Jayanti on October 2nd. In 2008, the American Bar Association (ABA) designated the third week of October a s 'ABA Mediation Week.' Recognizing the same spirit, both the ABA and ACR, along with numerous organizations, earmarked the third Thursday of October as International Mediation Day.
This year, on October 19th, team Nivaaran, the mediators of Supreme Court has come together to celebrate International Mediation Day. Significantly, Nivaaran is introducing this celebration in India and pledges its annual observance. I'm optimistic that India will witness a surge in mediation associations akin to the USA's experience. While challenges and skepticism are inevitable, team Nivaaran, the Supreme Court Mediators stand resolute. In collaboration with the MCPC, under the esteemed leadership and guidance and of Justice Sundresh, we aim to establish a unified front, to set standards of mediation in the letter and spirit and upholding the principles of the India Mediation Act, 2023.

Sunday, April 2, 2023

Law in Sports Governance, it's place in the Modern Times - Colombo - 03.04.2023

Good Morning everybody. Thanks to my dear friend Aravinda De Silva, a great cricket legend of all times for joining us in spite of his very busy schedule and prior commitments, my colleague at the bar, Kuvera De Zoysa, President Counsel and a great civil, commercial and sports lawyer, my colleague Muddasir Hossain from Bangla Desh a member of CLA, Christopher Johnston from Brisbane, Australia, Justice Asad Munir, Judge High Court of Lahore, lawyer cricketers, captains, coaches, team managers, colleagues, friends, ladies and gentlemen.
Aravinda De Silva needs no preparation to play, he has it in his DNA. He can hit his shots even at short notice, as soon as he is on the ground. I was always envious of sports persons because they play and I as lawyer only practice. But today to my heart’s content I am in midst of lawyers who do both, practice and play. The credit of all this goes to one man amongst us, R. Santhanakrishnan, former President of CLA and a very dear colleague of mine. He is a legend organizer, having great passion and life mission of creating human chain and making lawyers come together using cricket and commonwealth lawyers’ association as the binding force of friendship.
When the first man threw the first stone at the tree to get a fruit and to shoo an animal while sitting in his cave, sports was created. Since then, sports have continued to evolve and postmodern are going to be virtual games. Technology is changing our way of life, supporting the emergence of a more harmonised civil society. The topic of today's seminar 'Law in Sports governance, its place in modern times' is a very relevant topic for the present.
There are about 8000 sports which are played all over the world. Sports can broadly be classified in two parts. Competitive sports and Recreational sports. Competitive sports are World Cup, Olympics, Commonwealth and Asian Games. Olympic charter, which is the law governing sports played in Olympics has evolved over the years and that is the law that governs them.  All these laws are private in nature and does not call for, interference by the Government, in fact it resists any intervention. Recreational sports are what we are doing, cricket amongst professionals, but there is serious competition in recreational sports also. Everyone is putting his best and we are all reaching our family, colleagues and friends round the globe.
Cricket is not yet included in the Olympics and  it has its own independent passionate players, fans, economics, viewership, calendar and laws. But there are some fundamental issues and laws which govern Olympics, cricket, and all sports. In fact they govern all human relationship. The fundamental of all human relationship is trust and breach of trust must be accounted for, for that hits the soul. All laws are made to protect the trust and deal with situation when breach of trust takes place. If you are out, time to walk back out to pavilion. But you are out or not, must be decided as per rules, not human sycophancies. That is where the law, lawyers and judges come in.
Over the decades, playing cricket as child, watching competitive cricket, talking cricket, every ball, every player has become an inextricable part of social life. It is the second religion followed not by dictates of rituals, but by own passion, for many particularly in the South Asia Region. For Europe it is Football, for USA it is Basketball and Baseball.  Sports is live entertainment with military precision. If the player loses focus, he is gone, the war is lost.
Geet Sethi in his book ‘Success vs Joy’ has referred to a very meaningful story about James Watanna a young man from Thailand who completed world tour in snooker at the age of 18. In Mita World Cup where the prize money was 200,000 pounds, in semi-final he lost against celebrated James White, even after leading 8-6 and lost 10-8 in a 19 frame match. When he was asked, he said that as a young boy he used to walk on street of Bangkok and had a house in mind, which he could buy from the prize money. In that one hundredth of second his mind travelled thousand miles to Bangkok, and he lost the frame, the game, he tournament and the prize money.
    Living in the future is professional suicide and living in the past is more dangerous. Sports and life in sports is living in the present. 13 months later in 1992 in British open before entering the venue Wattana was given terrible news that his father was shot. Wattana did not flinch and compiled a maximum break of 147 which is like taking 10 wickets in cricket. He had total control of his emotions and was able to focus without diversion of any kind.
    There are 48 stake holders in sports industry. But the Sports industry revolves around the Sports Association and the Players. Laws have been enacted to regulate the conduct of both Sports Association and Players and make them accountable if they breach the trust. The Government steps in and supports sports because it channels the energy of the youth in the most creative way. But, there is always a way around the laws and the laws are regularly breached. Associations breach the trust of players by siphoning of the funds for personal use or corrupting the process of selection, by not selecting the best performer or creating deep scars in the mind of the deserving. Players breach the trust of the fans by making money in match fixing or spot fixing or using drugs for enhancement of power or using means like tempering the ball to win in the match.
    I was told by Abhinav Bindra, that in the Olympics final round, someone came and tempered with his rifle. His foot base was shaking every time he shot. This is all breach of trust and must be accounted for. This is where the law has to come into play.
    In India we have a Sports Code which has continued to evolve since 1982. Supreme Court of India while dealing with S. Murgan versus Fencing Association should it's deep pain and anguish about the disturbing state of affairs of the sports association. It was a case relating to election of Sports Association in violation of existing norms.
    When I drafted the Rajasthan Sports (Registration, Regulations and Recognition of Association) Act 2005, the real issue was regulating the structure of Sports Associations in Rajasthan. It was out of sheer passion for sports, I ran 52 drafts in a period of over 6 months. All National Associations are affiliated to an International Sports Federation. There is no way to regulate International Sports Federations. State or Provincial Association to respective National Association, District Associations to State Level Sports Associations and all school, colleges, clubs and academies in the District to the District Association. That is the pyramidal structure that should be followed.
    In the State of Rajasthan, we have 33 District. Each District had one vote for the State Sports Association. But the Rajasthan Cricket Association had 57 life members who had a right to vote and all these 57 persons were person of the erstwhile President. Most of them were his employees. They simply outnumbered the legitimate representative of Districts. In the Rajasthan Act, we disallowed all the votes of the life members and gave total voting rights to the 33 district level sports association.
    BCCI had in interesting situation. They also had 33 votes. Jagmohan Dalmiya had 16 votes and the other Group had 17 votes. After the voting was over, Dalmiya used to cast a vote as President of BCCI, that led to tie. To break the tie he casted another vote as Chairman of the meeting and continued to win, which was not legally correct. Rajasthan, Himachal and U.P. were three committed voted of Dalmiya having the same structure of Sports Association as Rajasthan with Life members. I drafted Sports Association Act for Himachal and U.P. Matter went of court challenging the constitutional validity of the Acts. I continued to move between Rajasthan, Himachal and UP and finally able to manage 2 critical votes, which led to removal of Dalmiya and finally coming into of IPL. Law when properly made and executed can bring the required change needed by the society. Law is the most powerful tool for social change.
    There are instances of siphoning off of funds and by calculated ways to keep control of the sports association. The funds that are siphoned off for personal use must be spent in sports development and that is the game changer. There is need for software and technology support at ground level to bring the best talent to the top.
    The issue of payment directly to the players by fans is rise of civil society. It is like crowd funding. Players are the central figure of the sports industry and a entitled to major pie in the cake. They are entitled to earn as much as possible from the free live entertainment provided by them. Every sport has a wow factor and that is what makes the TRP rise, that is where more money is. If you are beating the player, you are killing the sports industry. Banning has penal consequences and cannot be done by Sports federation or Association which are Societies or Trusts and have no legislative power to enact penal law. 
    The issue that concerns player is Match fixing, spot fixing and drugs. They all demean the beauty of sports. It is for each player to restrain and follow the spirit of the game and refrain from using any kind of illegal means or stimuli to win the game. NADA and WADA are in place. Appeal from WADA goes to Switzerland Court of Appeal and that is cumbersome. The control of a few is all pervasive.
    Looking to the heavy stakes as sports industry now is worth 1.7 trillion dollars. It is imperative to have a sports dispute resolution system in which Judges and lawyers can play an effective role. Sports need a quick, effective and unbiased mechanism of sports resolution. The most important issue is the integrity and domain knowledge of the judges who man the sports adjudication forums. We can establish a South Asia Sports Dispute Resolution Center or Austrasia Sports Dispute Resolution Centre.
Thank you

Friday, March 10, 2023

Introduction Chief Justice Dr. D.Y. Chandrachud - 2nd Soli Sorabjee Memorial Lecture at CLC 23, Goa - March 9, 2023

    Hon’ble Chief Justice of India Dr. D. Y. Chandrachud, Hon’ble Chief Justice of England and Wales the Right Hon’ble Lord Burnett of Maldon, President Commonwealth Lawyers Association Peter Maynard, dignitaries on the dais and off the dais, colleagues, friends, ladies, and gentlemen.

     How cosmos brings people in our life or that of an institution and nation has much more in it, then we can ever know. That is perhaps one of the unanswered questions, which is only decoded after the period is over. During the period we can only make efforts to decipher and with awe watch the head of the institution, leading from the top.

   Hon’ble Chief Justice Dr. D.Y. Chandrachud was designated as Senior Advocate by the Bombay High Court in 1998 and appointed as the Additional Solicitor General of India in the same year. He was elevated as judge of Bombay High Court and thereafter as Chief Justice of High Court of Allahabad. He was appointment to Supreme Court on May 13, 2016, and on November 9, 2022, was appointed as the 50th Chief Justice of the largest democracy in the world. A position that he holds with great dignity, vibrancy, majesty and fervor during the uncommon times.

    Chief Justice Chandrachud has authored several outstanding and path breaking judgments of Supreme Court on all most all issues, as they continue to arise. Right of Privacy, Free Speech, Personal Liberty, Gender Justice for women in armed forces, Intersectional violence, Labour, Floor test for election, distribution of essential supplies and services during pandemic, Affirmative action, Disability rights, Commercial Law, Insurance Law, Insolvency Law and many other subjects have been magnificently dealt by him

     His legal statesmanship is reflected in every judgment. Criminal law should not become a tool for selective harassment of citizens.  Sexual Harassment at workplace is an affront to the fundamental rights of a woman to equality. There can be no gamble with the environment: heads I win, tails you lose approach is simply unacceptable; unacceptable if we are to preserve environmental governance under the rule of law. This statement led to the evolution of the environmental rule of law principle.

    His very powerful dissent relating to the biometric project – Adhaar is labelled in academic circles as stirring dissent, fiery dissent, historic dissent, stinging dissent, lone yet powerful dissent. His dissent had not to wait, for a day in the future when it could be duly recognised. The reasoning given by him has been relied by Chief Justice Sykes in striking down Jamaican National Identification and Registration Act and has become part of global migration of ideas, by finding fertile soils far from home and bloom into full richness as one academician penned.

    Chief Justice Chandrachud is a profound speaker and has delivered numerous addresses, particularly at conferences organized by United Nations High Commission for Human Rights, International Labour Organizations, United Nations Environmental Program, the World Bank and Asian Development Bank and several premier International and National Institutions and events organized by civil societies.

    As Chief Justice of India he has taken great initiative by making full use of technology for the institution. After his taking over, suddenly we have seen the big machine moving. E-Committee, Virtual Court, National Judicial Data Grid, Inter – Operable Criminal Justice System, e-Filling Software 3.0, e-Payments, e-Sewa Kendr, National Service and Tracking of Electronic Process, Judgment Search Portal, Live Streaming of Court proceedings, Transcription of live court proceedings, case categorization and finally Neutral Citation. His strength to take positive decisions to enable the institution is unparallel and this I say after having personally interacted with almost 35 Chief Justices of India.

    All this is but a small spark of what Chief Justice Chandrachud is. There is no other avid thinker, intellectual giant and a passionate legal mind, who is pushing and pulling the highest legal institution into the next level, with all that is at his command, to meet the challenges of legal issues arising as a result of us all being in a VUCA world - Volatile, Uncertain, Complex and Ambiguous, Fourth Industrial Revolution, Globalization 4.0, Fourth Education Revolution and Legal Revolution 5.0. We are fortunate to have him with us, at the second Soli Sorabjee Memorial Lecture.

    Hon’ble the Chief Justice Dr. D.Y. Chandrachud