Saturday, March 9, 2024

Shri Krishan and the Art of Advocacy

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

Wednesday, February 7, 2024

The Complex Dynamics of Religious Conversion or Why Conversion?

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

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

Sl.

Religion

Percent

Population

1

Christianity

31%

2,511,000,000

2

Islam

24.90%

2,016,900,000

3

Unaffiliated

15.60%

1,263,600,000

4

Hinduism + Sikhism

15.50%

1,255,500,000

5

Buddhism

6.60%

534,600,000

6

Folk Religions

5.60%

453,600,000

7

Others

0.80%

64,800,000

 

 

 

 

 

Total

100%

8,100,000,000

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

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

Efforts to convert populations have profound impacts:

❤ Alteration of the subcontinent's civilizational character.

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

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

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

❤ Denigration of intellectuals and nationalists.

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

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

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

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

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

Saturday, January 13, 2024

Shri Ram and Art of Advocacy

Shri Ram chose Angad, son of Raja Bali, to be his emissary to Raavan, highlighting the futility of a looming war that threatened the lives of about 50 million warriors. This decision initially faced opposition from Laxman and Sugreev, particularly because Shri Ram had recently slain Raja Bali. However, Shri Ram convinced them by detailing Angad's exceptional qualities as an ambassador which are must for every good advocate.
Presentation: Angad’s demeanor, attire, posture, and body language struck the perfect balance between humility and confidence. His approach was that of a seeker – engaged but not passive, straightforward but not arrogant, and casual yet alert.
Delivery: Angad’s speech delivery was meticulously balanced. His speech pace enabled clear understanding, and the pitch of his voice was pleasing and well-modulated. He articulated each word impeccably, ensuring clarity and ease of comprehension.
Emphasis and Pausing: His mastery in emphasizing key words and strategically pausing during speeches allowed the audience to absorb and reflect on his words. This skill demonstrated his self-confidence and understanding of the audience’s perception.
Body Movements: Unlike many speakers who use excessive gestures, Angad maintained a composed demeanor. He engaged directly with his audience, establishing eye contact and keeping their attention focused on the content of his speech.
Knowledge and Humility: Renowned for his intelligence, Angad was well-versed in the Vedas, Puranas, and Upanishads, and deeply understood the political and social contexts of his times. Despite his profound knowledge, he displayed remarkable humility, speaking only what was relevant to the matter at hand.
Client Representation: In representing his patron, Angad consistently protected his interests, maintaining integrity and dignity without allowing personal biases to influence his advocacy.
Concluding Effectively: Understanding the art of communication, Angad knew precisely when to conclude his submission and when to sit down, ensuring his message was delivered and comprehended effectively.
In my nearly 48 years at the Supreme Court, I have observed, interacted and briefed the top senior advocates, each possessing unique talents and contributing significantly to the field of law.
Mr. C.K. Daphtary, the second Attorney General of India, was distinguished for his wit and presence, even as age slowed him down.
Mr. Lal Narain Sinha, the fifth Attorney General, showcased exceptional precision and humility in the Rangnath Reddy Case. His arguments were so captivating that judges paid extra attention, ensuring they didn’t miss a word.
Mr. Nani Palkiwala in the Minerva Mills Case, representing the State of Rajasthan, had a unique talent for simplifying complex legal matters with relatable examples and had a commanding grasp of facts and figures.
Mr. Ashok K. Sen, the longest-serving Law Minister, had a phenomenal memory, recalling intricate details of briefs and cases years later. His knowledge spanned across statutes and judgments, and his personal library was a testament to his dedication to law.
Mr. F.S. Nariman's ability to distil complicated issues to their core principles was remarkable, as was Mr. Soli Sorabjee's court craft, which I witnessed in many cases.
Justice S.C. Agarwal, my first senior and a retired judge of the Supreme Court of India, was known as the walking encyclopedia of Supreme Court Judgments. His memory for citations was extraordinary.
Mr. R.K. Garg, emphasized the Supreme Court's role in societal change, advocating for National Socialism as a constitutional goal. His perseverance in constitutional jurisprudence was unparalleled.
Mr. P.R. Mridul, an expert in the English language and oratory, had an unmatched command of the language. He diligently practiced new words and applied them effectively in his arguments, reminding us that law is not merely about knowledge but its application to specific facts.
Advocacy is the manifestation of spiritual energy rooted in truth and justice. This energy is essential for the development of a conflict-free society living in harmony, dedicated to a higher cause.

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