Monday, August 4, 2025

Justice is not judiciary dependent – Mediation and AI are the future of justice

Traditional courts, arbitrations, tribunals, commissions, and other judicial authorities constituting the justice delivery system—long regarded as the final bastion and once seen as the ultimate guardian of fairness, accountability, and civil order—have always been under intense scrutiny. But now, they face a deep and growing crisis of existence. The disillusionment resulting from delays, inconsistencies, and inefficiencies pervading these institutions is leading to a massive erosion of public trust. At the heart of this breakdown lies a painful truth: the failure of judges, arbitrators, and advocates to deliver justice in a timely, impartial, and competent manner.
The failures of judges, arbitrators, and advocates—whether through delay, bias, negligence, or incompetence—are not merely unfortunate. This systemic failure is not just regrettable—it is accelerating a historic shift towards alternatives. They have triggered an exponential rise in the demand for alternative models of dispute resolution. Mediation and AI-driven adjudication are fast emerging as the twin pillars of a new era of justice—one that is more accessible, equitable, and future-ready.
Cracks in the Legal Edifice: As the System Fails
All human relationships are based on trust. All conflicts and disputes arise from a breach of trust. Justice means providing just and reasonable compensation to the wronged party through timely resolution. However, in many jurisdictions—especially those burdened with colonial legacies, archaic procedures, and adversarial inefficiencies—the following trends are increasingly visible:
1. Judicial Idiosyncrasy and Perception Bias: Law is meant to be a handmaid to justice. However, the outcome of a case is often shaped by the personal worldview, mood, temperament, or background of the presiding judge, and the interpretation of law is structured accordingly. Justice becomes arbitrary when it rests on individual perception rather than structured reasoning and consistent jurisprudence. When outcomes hinge on subjective perceptions rather than objective reasoning, justice becomes erratic and unreliable.
2. Advocates as Dispute Resolvers or Roadblocks: Lawyers, as facilitators of justice, are meant to help judges deliver justice—but many become its saboteurs. Through negligence, incompetence, or even collusion, some advocates become impediments. They mislead clients, exploit technicalities, delay proceedings, and find loopholes for personal gain. Some of them are even proclaimed as great advocates, yet they have eroded public confidence in the legal system, causing irreparable harm and widespread disillusionment.
3. Porous, Uncoordinated, and Fragmented Judicial Processes: Judicial systems are often slow, porous, and uncoordinated. The hierarchy from trial courts to the Supreme Court allows habitual and rampant adjournments, missing records, procedural abuse, and lack of systemic accountability—crippling courts and tribunals. Fundamentally, the breaching party rarely wishes to compensate the wronged party and instead uses the best legal services to avoid it through ingenuity. 
The result is not just delay—it is denial of justice. Every litigation involves a litigant, their family, friends, and colleagues—all waiting for justice. The cumulative result is that citizens are suffering and have lost faith in the very notion of a fair and accessible justice system.
The Rise of Mediation: Justice through Generative Dialogue and Resolution
As faith in adversarial litigation and adjudication wanes, mediation is gaining prominence—not as an alternative, but as a superior first resort. Unlike court battles, mediation is collaborative, cost-effective, and focused on resolution where both parties win, rather than adjudication where one party wins and the other loses. It is:
·  Customized, person- and context-sensitive
·  Speedy, confidential, and cost-effective
·  Non-adversarial, non-technical, solution-centric
·  Empowering, allowing parties to co-create outcomes
·  Ethical, empathetic, and inclusive
Unlike judges and arbitrators who adjudicate based on records submitted by advocates and impose outcomes under threat of contempt, mediators facilitate deeper understanding of conflicts, enabling parties to arrive at meaningful solutions. Where litigation demands proof of past events, mediation allows space for shaping future relationships. It replaces the win-lose paradigm with collaborative problem-solving grounded in mutual respect.
The Emergence of AI Judges, Advocates and Legal Advisors
Artificial Intelligence is set to revolutionize justice delivery—just as it has transformed healthcare, logistics, and finance—by automating, accelerating, and democratizing access. AI is immune to fatigue, ego, or influence by seniority or sensationalism. Trained on vast datasets of judgments, statutes, parliamentary debates, and policy documents, AI systems can:
·  Deliver neutral, precedent-consistent judgments
·  Offer accurate legal predictions based solely on facts
·  Provide on-demand legal advice at scale
·  Reduce human error, bias, and inefficiency
·  Regulate filing processes and eliminate procedural errors
In high-volume, low-value disputes—where delays cause disproportionate hardship—AI could soon become the preferred adjudicator. The question is no longer whether AI can deliver justice, but whether humans can afford to deny it any longer.
The Ethical Imperative: No One Should Suffer for Systemic Failure
Justice must never be a gamble or left to chance. It must not depend on the temperament of a judge or the preparedness of an advocate. A just system must ensure:
· Universal access, irrespective of wealth or status
· Consistency and predictability, rooted in law—not personality or perception
· Timeliness, because justice delayed is justice denied
· Integrity and professionalism at every level of the process
· No citizen should lose a case due to a judge’s subjective bias
· No business should collapse because of a lawyer’s negligence or lack of preparation
· No system should claim legitimacy if it routinely fails the very people it is meant to serve
Peeping into the Future
We are living through Legal Revolution 5.0—an era defined not just by digitization, but by moral clarity and systemic reengineering. A future where technology, ethics, and human wisdom converge to create a more inclusive and responsive justice ecosystem. This transformation will lead to:
·  Mediation becoming the first step in all civil, commercial, and relational disputes
·  AI integration into the core of judicial and regulatory systems
·  Reorientation of judges and advocates from status-seekers to service providers
·  Radical transparency, accountability, and citizen-focus in legal institutions
The future of justice will not be built in the shadow of failing judges, arbitrators, or crumbling courtrooms. It will be built in the light of restorative dialogue, intelligent systems, and empathetic resolution. If the human judiciary continues to falter, it is both inevitable and just that people will turn to machines that do not err, and processes that do not exploit—systems that are faster, fairer, and freer from bias.
Mediation and AI are not threats to the legal profession—they are the course correction it desperately needs. They do not diminish the legal profession; they redeem its purpose. If judges, arbitrators, and advocates do not evolve—do not rise to the occasion—the gavel will not just fall silent, it will be replaced.

Tuesday, July 15, 2025

Students World Cup - Launch - 12.07.2025

    It is with immense pride and a deep sense of purpose that I welcome you to this historic occasion—the official launch of the Students World Cup. Today, we are not merely inaugurating a tournament; we are igniting the flame of a vision, a movement, a mission—a mission rooted in the transformative goal of Viksit Bharat @ 2047, with the National Sports Policy 2025 and Students World Cup serving as a critical milestone on that path.
    It would be far too modest of me to speak to this august audience about sports. Each one of you is a legend in your own right—individuals who have lived and breathed sports, who have shaped your lives through sheer will, discipline, character, humility in defeat, and courage in resurgence. You have brought honor to the nation—and now, you are here to give even more, sharing your experience of the good, the bad, and the ugly in the world of sports. I bow to each of you—with deep awe, respect, and gratitude.
    During my school days, I played almost every sport I could find. I had a burning passion for perfection and a deep commitment to give my best in everything I did. Yet, despite this love for sports, I never became a professional sportsperson. My pursuit of excellence took a different path. I have often envied sportspeople—for they get to play matches, while I have spent nearly five decades only practicing—in courtrooms, as an advocate.
    In the year 2000, moved by a profound sense of national disappointment, former Solicitor General of India, Mr. V.R. Reddy, and I published a quarter-page advertisement titled "Bronze for a Billion." This followed the Sydney Olympics, where Karnam Malleswari won a bronze medal in the women’s 69 kg weightlifting event—India’s only medal that year. Like many fellow citizens, I felt not just sadness but a deep sense of torment at our nations under whelming performance on the international stage.
    By that time, I had completed 25 years of practice in the Supreme Court, and I had come to a clear understanding—just like justice, winning medals is never an accident. It is the culmination of relentless human endeavour, discipline, vision, and systematic preparation. Medals are forged in the crucible of fierce competition, and often tested against the backdrop of unfair play, especially by those who believe in winning accolades at any cost.
    So, if we were not winning medals, it was evident that something was drastically wrong—fundamentally flawed—in the very structuring of our sports ecosystem. And if that was the case, it wasn’t merely unfortunate—it was disastrous. It meant that the aspirations of young athletes were being stifled, their potential choked at the root, and their cries for support went unheard. Somewhere, somehow, all this deeply offended my sense of justice and fair play.
    In 2004, I was appointed the Additional Advocate General for the State of Rajasthan. With a burning fire in my belly, I urged the then Chief Minister to channel the energy of our youth into sports by enacting a Sports Act, which she totally supported with enthusiasm and passion. I told her that whenever a thesis is born, the antithesis already exists. Raavan existed before Shri Raam and Kans before Shri Krishan. We must expect resistance from known and unknown quarters, even to something as seemingly harmless as a Sports Act proposed by a relatively quiet state, one that had won just a single bronze medal in the 2003 National Games in Hyderabad.
    And resistance came, as expected. From all quarters: from the Indian Olympic Association, National federations, State Associations, bureaucratic corridors that were reluctant to upset the status quo. To me, that resistance made the mission even more interesting and compelling, it confirmed that I was on the right path. I immersed myself in the study of global sports ecosystems—the Olympic movement, sports industry in USA, UK, Germany, France, Australia, Russia, China, Argentina, and every credible resource available on the internet. I analysed Basketball, Football, Baseball and other leagues, international federations, regulatory frameworks, funding models, scouting systems, and more to evolve a structure and system that could fit and was suitable to us.
    Two critical issues struck me during this journey. Firstly, I discovered that the British Olympic Association did not take a single penny from the Government—a revelation that proved sports has its own economics. In contrast, I was hearing that the Indian sports industry was in shambles because of lack of funds. What I did not hear but soon realised that the available funds rarely reached the players, nor were they invested in infrastructure. Instead, the money disappeared into a maze of mismanagement and misplaced priorities of foreign tours and late-night parties of the office bearers. It became increasingly clear, the problem was not a lack of talent, or even a lack of financial resources. The real issue lay in the absence of legal and corporate structure, accountability, commitment and long-term vision of those who were controlling sports. 
    Secondly, I discovered that out of 150 recognized International Sports Federations out of 8000 sports played around the world, not a single International Sports Federation was registered in India, not even Kabaddi and Kho Kho. As a result, all major revenue in the global sports economy flowed overseas, with no anchoring of the sports industry within our borders. The global sports industry today is estimated at $2 trillion, while in India, it has barely reached $20 billion. Determined to address these gaps, I went through 52 drafts over four months to build a legislative framework.
    Eventually, the Rajasthan Sports Ordinance, 2004 was promulgated by the Governor of Rajasthan on August 17, 2004—coincidentally, the very same day Rajyavardhan Rathore won a silver medal at the Athens Olympics. A good omen. The validity of the Act was fiercely contested—first in the High Court, and later in the Supreme Court. But its impact was immediate and far-reaching within the sports sector. It was as if the Raavan’s at the top had sensed the birth of a Raam and were making all out efforts to stall its growth.
    The Rajasthan Sports Act cleared the way for Lalit Modi’s election as President of the Rajasthan Cricket Association (RCA) in February 2005, followed by the enactment of similar Sports Acts in Himachal Pradesh and Uttar Pradesh, which as envisioned led to a change in the leadership of the BCCI in November 2005. Sharad Panwar in J. Dalmiya out. That change ultimately led to the birth of the Indian Premier League in 2008. What started as a $ 0.8 billion enterprise is today an $18.5 billion global phenomenon.
    But let us be clear and I repeat, let us all be clear, IPL is not a league in the truest sense. It is a tournament, not a grassroots ecosystem. The spirit and intent of the Sports Act that made IPL possible have not percolated downward. It has not created a broad-based sports industry or institutional framework aligned with the vision I had imagined, and for that reason, I was not comfortable. I knew much more needed to be done. Sports Act of Himachal Pradesh and UP were repealed, the only surviving Sports Act is in Rajasthan. Sad but true
    We are in a better place today with Government of India pushing and doing its best. But the real progress is neither due to the Government for nothing is being done for re-structuring the sports ecosystem The progress is nor due to the support of the IOA, sports federations, or associations. It is the result of individual passion, family sacrifice, community support, and the relentless efforts of coaches working in silos. Even on the global stage, the model is deeply skewed. The Olympics generates over $7.7 billion in revenue, yet not a single dollar reaches the sportspersons—the very lifeblood, the creators of that value.
    All this, I had shared with Rajeev more than a decade and half ago, when I met him by a divine design and saw the same burning passion in him for the youth and the nation. He kept the idea alive brewing it quietly and meaningfully in his mind, nurturing it with his team and friends and discussing it now and then. And now, the Students World Cup has taken shape, born from a simple yet powerful purpose: to play sports a way of life for every student. To create a platform where talent—from every school, district, state, and nation—can come together not just to express themselves, but to connect, collaborate, and celebrate excellence.
    The Students World Cup must achieve what IPL cannot. This is our contribution to a larger national mission: to build a sporting culture that touches every home, every classroom, every playground—and eventually, every heart. We are looking to built a nation, while they are stuck with brand valuation, which for us is co-incidental, logical consequence. 
    At the Students World Cup Council, we are fully committed to bringing this vision to life. Our focus is clear: Building talent identification systems that begin at the grassroots, by tracking and managing data from every match played by every student. Partnering with schools, sports science institutions, and academies to foster holistic development. Leveraging digital platforms for transparency, accessibility, and real-time engagement and creating a structure where everyone involved gets a fair share—a pie in the cake
    We live in a nation where every school has a playground, but not every child plays—because they don’t see a future in it. The Students World Cup aims to open the doors to global careers, to train students not just for academics, but for meaning, mission, and mastery—in both profession and life. The Students World Cup is a Made-in-India generational dream, aspiring to become a truly global platform—especially for the youth of the Global South, the Commonwealth nations, and all those parts of the world where access to sports infrastructure has remained limited for far too long. 
    We envision an India that is not just a superpower in IT, space, or defense, but also the global hub for youth sports—where the best athletes are scouted, trained, supported, and celebrated. India has the demographics. India has the culture and the drive. Now is the time to build the global sporting capital of the future—right here, on our soil.
    Dear friends, I must take a moment to express my heartfelt gratitude to all those who have walked with us on this journey and I welcome you all, the educators who opened their schools, the coaches who believed in raw talent, the administrators who supported a bold vision, The private sector that extended a hand of partnership, and most importantly, to the students—our sportsperson—who are the beating heart of this movement. They are not just participating in a tournament—they are participating in history. They are helping write a new narrative—one where youth lead the way, where talent doesn’t have to pay to shine, and where a nation of a billion and forty million dreams rises to shine together.
    We dedicate this day to all the young sports person who will be touched by this vision across the world. This is your stage—work together, play fair, and above all, enjoy what you do. Let the Students World Cup be a celebration not just of goals and points, but of values, brotherhood, resilience, and unity in diversity. To our partners: this is just the beginning. We invite you to walk with us as we grow this into a global mega event touching all.
    Let us together create a legacy that will endure for generations. Today, we think bold. We dream big. We act with conviction. Welcome to the launch of the Students World Cup. Welcome to the movement that will change the way the world looks at youth, at India, and at sports. Jai Hind. Jai Youth. Jai Sports. Jai Viksit Bharat. Thank you.

Friday, May 16, 2025

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Friday, April 25, 2025

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a.    Ved

b.    Brahm Sutr

c.    Nyaaye Sutr

d.    Manu-smriti

e.    Yaagyvalk-smriti

f.    Naarad- smriti

g.   Brihaspati-smriti

h.   Katyaayan Smriti

i.    Smriti Chandrika

j.    Mimansa

k.   Raamaayam

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

m.  Shrimat Bhagwad Geeta

n.   Mitakshara

o.   Dayaabhaag

p.   Hindu Law

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

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

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

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

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

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

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

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

Saturday, February 22, 2025

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

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