Monday, August 29, 2022

73 Years Young High Court of Rajasthan

Law and Legal Institutions are young forever with the dynamic energy existing within, which continues to evolve with every human relationship coming into existence. They ceaselessly, in spite of minor abrasions, march forward with poise, dignity and magnanimity, to protect and compensate the suppressed wills and unheard cries and also punish those who commit breach and violate law. Courts are the hub of social balance as it resolves conflicts and disputes from conception of being till the issue of secession certificate.
        Roscoe Pound in ‘Justice according to Law’ brilliantly penned:
        We have always known that the judicial process does not at all times and in all places confirm absolutely and in all respects to our ideal of it. Despite all the checks with which we surround it, it does not come out in every case entirely as we could wish. But the striving for the ideal, I repeat, goes far to realize the ideal. It is the approximation to our ideal of it which is significant, not the falling short, which we seek continually to control and to reduce to a minimum”. (emphasis supplied)
          Greater Rajasthan was formed on March 30, 1949 with Sawai Man Singh II as the Rajpramukh and Hiralal Shastri as the Chief Minister. On that date High Courts were functioning in five states – Jaipur, Jodhpur, Bikaner, Udaipur and Alwar. On August 29, 1949  Rajasthan High Court, Ordinance 1949 was notified and High Court of Rajasthan was inaugurated at Jodhpur by the Rajpramukh. Oath was administered to Justice K.K.Verma from Allahabad as Chief Justice of Rajasthan and the following 11 (eleven) Judges representing different states as judges of High Court of Rajasthan:
1.    Justice Naval Kishore and Justice Amer Singh of Jasol from Jodhpur
2.    Justice K.L. Bapna and Justice Mohd. Ibrahim from Jaipur
3.    Justice J.S. Ranawat and Justice Shardul Singh Mehta from Udaipur
4.    Justice Khem Chand Gupta from Kota
5.    Justice Tirlochan Dutt from Bikaner
6.    Justice D.S.Dave from Bundi
7.    Justice K.K.Sharma from Bharatpur
8.    Justice Anand Narain Kaul from Alwar
        The principal seat of High Court was kept at Jodhpur and benches at Jaipur, Udaipur, Bikaner and Kota. Shri K.S.Hajela was appointed as the first Advocate General of Rajasthan.
        On January 26, 1950 Constitution of India came into effect, Rajasthan was given the status of Class ‘B’ State and the strength of the judges was reduced to 6 (six). It was essential that the Judges must confirm to the eligibility provided under the Constitution. The result was that Hon’ble Chief Justice K.K.Verma, Justice Khem Chand Gupta, Justice Trilochan Dutta, Justice Sardool Sing Mehta retired on January 24, 1950 and Justice A. N. Kaul on March 3, 1950. Justice Naval Kishore was appointed as the acting Chief Justice and continued till January 1, 1951 when Justice K.N.Wanchoo from Allahabad was sworn in a Chief justice on January 2, 1951. Chief Justice K.N.Wanchoo continued as Chief Justice till August 10, 1958 when he was elevated as judge of Supreme Court of India. Justice K.N.Wanchoo completing a tenure of 7yy, 7mm, 12 dd, longest tenure by any Chief Justice of Rajasthan.
        From May 22, 1950 benches at Bikaner, Kota and Udaipur were abolished, but Jaipur Bench continued to function. In the vacancy caused two eminent lawyers – Shri I.N.Modi (29.01.1953) from Jodhpur and Shri D.M.Bhandari (26.08.1955) from Jaipur were elevated to the Bench. Jaipur bench was abolished in 1958 and was re-established on 31.01.1977.
        40 Chief Justices and 200 pusine Judges totaling to 240 judges have been elevated as judges of Rajasthan High Court. 53 of them have been from other High Courts. 8 Judges had two tenure either because of non confirmation and reappointment or transfer to other High Court and ghar waapasi. 23 Chief Justices and Judges have been elevated to Supreme Court, 8 of them having Rajasthan as their Permanent High Court (PHC) and one as Chief Justice of India.
        Chief Justice Dipak Misra in his foreword to ‘Understanding Supreme Court Better – 151 Facts you need to know’ beautifully articulated:
        “Information, sometimes is perceived as an unhealthy substitute for knowledge. On certain occasions, it is pointed out that knowledge is lost in information. Though these observations characterize and, in a way, distinctly compartmentalize between ‘knowledge’ and ‘information, yet a pregnant one, there are situations, places and institutions where information has the effect of potentiality to assume the position and platform of knowledge. However, it has to satisfy certain condition precedent i.e., precision, terminological exactitude and sincerity of effort...”
        With its nobility, fairness, integrity and deep understanding the High Court has continued to reach the common man. Looking forward for many more glorious and wonderful years, delivering justice to all as we have the brightest and beautiful minds on the bench, relentlessly supported by a highly experienced, knowledgeable and skilled bar.

Wednesday, March 9, 2022

40 hrs, 5 days - Mediation Training Program – 05-09.03.2022

 The journey of  forty hours of mediation training through interactive sessions, spanning over five days have been one of the most absorbing, reflective and fascinating period for me. The journey with 26 most colourful, joyful, vibrant and creative colleagues and two trainers will be the most memorable moments for times to come.

Choicelessly I have a spiritual – philosophical approach and I continue to see every activity, event and institution with that glasses on. The fine distinction between Meditation and Mediation is the presence and absence of the letter 'T'. In meditation, the Self or the Aatma itself acts as the Third Party or the Teacher and guides Self to realize the true nature of Self or the Truth. Independent third party in mediation is an outsider, the mediator. Mediator is a person who acts as an intellectual obstetrician, helping people to give birth to the key that resolves the dispute between themselves. The correct answer already exists within the problem itself. At the base of every problem there is someone who is unreasonable, unjust and improper with the attitude and potentiality to exploit the other, without giving the due, be it money, time, emotional support or respect. Aid, help and assistance of the mediator is essential and imperative to enable surfacing of the toxin. The whole process is like Samudra Manthan.

It is not suddenly, that meditation is taking its roots deeper into the social psyche and is being promoted from the top.  All this is a wave motion and we all have to move with it, choicelessly. As human being civilized they shifted from violent ways of dispute resolution by dual, ring fights, battles and wars to civil way of using the office of family head, tribe head, panchaayat or king, a neutral third party that was the advent of Legal Revolution 1.0.

In 1273, with the proclamation of Magna Carta the power to resolve disputes and pass decrees moved to Parliament constituted of the people, by the people and by the people. That marked Legal Revolution 2.0. Independent Judiciary became the repository of dispute resolution from Trial Court to Supreme Court to ICJ and that manifested Legal Revolution 3.0.

As several issues arose in court litigation, people moved to arbitration, conciliation and mediation which was Legal Revolution 4.0. This is where most of us are existing. Riding on the fourth wave, the human beings have moved to Fourth Dimension and Globalization 4.0, Fourth Industrial Revolution and Fourth Education Revolution, the new breaking ground is peace mediation marking the Legal Revolution 5.0.

Peace mediation as contradistinguished from mediation simpliciter, is not a process of merely deciding a dispute or disposing of a litigation by bringing about a settlement between the parties for the present. Peace mediation is a process of eliminating and eradicating the conflict itself, forever. The process entails exploring and exposing the error in understanding and perception, which formed the very basis of the disagreement that brought about the clash of interests. Quality Peace Agreement must result in combusting and resolving the base or substratum of the conflict forever. 

The purpose of peace mediation is to make every person become conflict free by understanding the basis and true nature of the issues agitating deep in them. Our Constitutional goal is not a casteless society, it is not a classless society the real Constitutional goal is development of conflict free society. Lawmen have a pivot role in this paradigm as lawmen, not as politicians or social reformists. Let’s all work together to create a conflict free society, the ultimate goal of mankind.

Sunday, June 13, 2021

Art of Advocacy

         I am not a bearer of any of the seven lamps. I am only a mirror, to reflect the brilliance, wisdom and genius articulated by the insightful speakers, flashing light all around.

        Since the beginning of civil society, all the kings and every common man, needed professional help to objectively express his concerns, interests and entitlements, against violation of laws and his rights, perpetrating illegalities and breaches of contract and trust. This is the only profession in the world, where one is paid to search the truth and speak for justice, fearlessly.

        Back into the history, about a million years ago Shri Raam decided to send Angad son of Raja Baali to be his Advocate before Raavan and make him understand the futility of war, which would wipe out, about 50 million warriors. There was a stiff resistance by both his younger brother Laxman and Raja Sugreev against sending of Angad, particularly because Shri Raam had killed Raja Baali, only a few days back.

        However, Shri Raam narrated to them the skills of Angad and that settled the issue. Angad had all the attributes of a great advocate and that was the confidence of Shri Raam in him. Let's me share them with you -

1. First was his presentation as a person, attire, posture and body language. It was humble but not meek, it was straight but not arrogant, it was like a seeker, but not passive and finally it was casual but not devoid of alertness.

2. The speed of his speech delivery, was neither too fast nor too slow. Just perfect to enable the listener, to be able to hear and understand each word clearly. The pitch of his voice, was neither too high, nor too low. It was just audible to the hearer, with pleasure. Finally his pronunciation was impeccable. Every word was pronounced correctly with clarity. The voice did not carry any accent or inflection. 

3.He knew which word had to be emphasised and when to pause between the words. Pausing is always essential to help the audience contemplate on what they had heard and relate it to the issue in hand. All this comes from self-reliance and self-confidence on the impact he is making

4. He had no moments of his body, while making his submissions. Like some speakers who continue to move up, on their toes, move their hands or eye brows. He would talk straight eye to eye, without allowing any digressions. Keep the audience focussed, to the words and their content.

5. Angad was the most well-read and intelligent person during his times. He was well versed in all the 4 Veds, 18 Puraans and 18 Upanishads and the entire political and social milieu. He is self-actualised, learned it by his deep insatiable desire to go deep into the fundamentals and basis of every issue. But he will never make any effort to brag about his knowledge. He will only speak the relevant, to the context.

6.He was representing a patron and will always protect his interest. He will do nothing that will impair the interests of his client, at any cost, by perpetrating his own prejudices. He will always maintain the dignity of the person, he is representing, fearlessly.

7. And finally he knew when to stop speaking. Having made his point and having realized that the person hearing has understood, he  will close his dialogu

        Now we move forward to about 5,000 years ago and find Shri Krishan advocating a reluctant Arjun standing between about 4.5 million warriors during Mahaabhaarat. Arjun a very experienced and intelligent warrior had developed a cold feet, looking to the grave consequences of his actions, in which all of them may die. He like an unwilling and hesitant judge did not wish to act and decide the case and was finding ways to get an adjournment. As Arjun put his seven questions on existing issues and conflicts, one after another, Shri Krishan with immaculate precision and perfection, narrated to him the entire cosmic interplay and resolved the conflicts, for all times to come. Not ignoring any one of them, but making him understand the philosophy behind them

        Shri Krishan not merely helped Arjun understand the Truth, but also brought about realization and enlightenment, to enable him to see beyond the mundane and the ephemeral and act to his perfection and enjoy the bliss of his action. Shri Krishan always smiling, developed the arguments on his legs and never told Arjun as to what he should do. He empowered Arjun to think correctly and act exactly the way Shri Krishan wished him to act, in the existing facts and circumstances. That perhaps is the greatest art of advocacy, unlike the dialectics and rhetoric prevalent during the times of Socrates, Plato and Aristotle

        We now come to the present age. Each senior in Supreme Court whom I have watched, briefed and interacted, in last about 45 years of my being there, had a unique gift. Apart from all that we have heard from the profound speakers today, let me share with you my personal experiences

        Mr. C.K.Daphtary the 2nd Attorney General of India, whom I saw moving slowly with a stick in the corridors of Supreme Court, was famous for his wit.

        I briefed Mr. Lal Narain Sinha, the 5th Attorney General of India in Rangnath Reddy Case. He was extremely unassuming, simple, humble, very precise and absolutely non-repeating. The judges were always extra attentive, when he was making his arguments, lest they may miss a word

        I had occasion to hear Mr. Nani Palkiwala in Minerva Mills Case, while I was representing State of Rajasthan. He would give easy to understand common examples and had a total command on facts and figures

        Mr. Ashok K. Sen the longest serving Law Minister of India in cabinets of three generations of Prime Minister – Jawaharlal Nehru, Indira Gandhi and also Rajeev Gandhi had the memory of an elephant. He could tell you the page numbers of your brief, years after you had briefed him. He knew every objects and reasons of all statutes. He knew almost all the judgments of Privy Council, Federal Court and House of Lords, like the back of his hand. His library was better equipped than Supreme Court Judges Library

        Mr. F.S. Nariman has a robust common sense, very quick in reducing complicated issues to first principles.

        Mr. Soli Sorabjee had an outstanding court craft. I have seen it in many matters in which I briefed him

        My first senior Justice  S.C. Agarwal, who retired as judge of Supreme Court of India, was called the walking encyclopaedia of Supreme Court Judgments. He had citations of all judgments in his head and would open them up, as a juggler takes out handkerchief out of his hat.

        Mr. R.K. Garg another senior and partner of Mr. S.C.Agrawal always told me, learn to use the Supreme Court as a tool for social change. He continued to argue National Socialism as the constitutional goal and saw the Supreme Court move in that direction. His perseverance and contribution in development of constitutional jurisprudence is unparalleled

        I have not seen another senior like Mr. P.R. Mridul, with whom I was associated for about four years, having better command on English language and fluency in oratory. He would regularly read novels and would pronounce every new word twenty times that he came across, to get it on his tongue. His classic and constant reminder was, law is not mere knowledge but application of it, to the facts in your hand

        Friends Advocacy is the expression and manifestation of the spiritual energy of truth and justice, which alone can lead to development of a conflict free society living in harmony and bliss, with allegiance to a higher cause – in the words of Justice Dipak Misra.

        Thanks to Mediation Steadfast, Australia and Nivaaran, Mediators of Supreme Court of India, for giving me this opportunity to share my thoughts on, the Art of Advocacy

Webinar

June 13, 2021

Sunday, May 23, 2021

Mausa Ji - Anand P. Garg - Divine energy of Bhagwaan Shiv

        My tribute in honour of beloved Mausa Ji. He was the greatest realised soul of our family. He was an alchemist. His every touch turned people into gold. His Midas touch, changed life of all, forever. 

        Contradictions are complementary. Contradiction and dualism exist to enable us to see the complete picture. So is the divine energy of Bhagwaan Vishnu and Bhagwaan Shiv. Both married to two divine feminine energies. Maa Lakshmi the glorified existence and Maa Paarvati Mother Nature supporting all around, as she continues her journey with Bhagwaan Shiv. She is all about love of the family. My Papa and Mausa Ji represent these two seemingly contradictory energies for me. One married to Mummy and other to Mausi Ji. On one side was a structured system in all activities, working within law and rules and communication to the extent of being relevant. On other side is absence of any laxman rekha, regulations and an open communication, free flow of thoughts and feeling, without any limitation. 

        Mausa Ji was shivaansh, personified in human form for us all. He communicated with one and all, irrespective of age and relationship. He ceaselessly continued to help all, to explore and find their gift. Each one as a jewel for him. He provided all possible inputs in such exploration - intellectual, emotional, economical and physical, dealing with fundamental issues, which normally we tend to put under the carpet. Such high value and strength to carry it all throughout life, is akin only to the energy of Bhagwaan Shiv. Deep, reflective, positive energy, the existence of which gives the necessary confidence, that everything is possible and all will be well. All this is not without subsuming the halaahal that continues to arise as the events continue to churn life around. His continued absorption of it all silently made him more humane and humble. A phenomenon unknown and unheard of. 

        As I recollect my sixty one years of profound relationship with him, though I don't see many interactions, but that was not relevant. There was deep connection at soul level and that was significant. He is most respected person for me in my life, after my Baba Ji. The respect for him is for his highest integrity, fathom deep security which he reflected in all his persona and commitment to keeping family integrated, which values are on perishing scale. He belongs to that rarest class of people who had very clear understanding of relationships and a way to maintain them deep.

        Something to which the only parallel is Mausi Ji. Only Maa Paarvati could deal with that and now she alone can take the impact of the separation. A tadap which Maha Shakti wold have felt after the Ardhnaareshwar split. We can only give our love and affection to her. She has strength enough to withhold her poise.

        Suddenly as his physical frame perished in the paanch tatav, it was mesmerising to see the Shiv tatav in us all getting touched by his touch. Everyone felt the presence of the divine energy within, as emotions of all continued to flow relentlessly, recollecting the moments of togetherness. That is where he will continue to exist forever, within us all.

        My homage to Mausa Ji, the finest soul of our family. The alchemist, who’s every touch turned people into gold. May his soul be always happy and at peace.  

Pranaam 
Aruneshwar – Padma 
Shashwat – Pallavi - Vihika 
Shitij – Reshika – Kanvika 
and Gupta Parivar

Thursday, May 13, 2021

Peace Mediation - Legal Revolution 5.0

        The fine distinction between Meditation and Mediation is the presence and absence of the letter 'T'. In meditation, the Self itself acts as the Third Party or the Teacher and guides Self to realize the true nature of Self. T in mediation is the mediator. Mediator is a person who acts as an intellectual obstetrician, helping people to give birth to the key that resolves the dispute between the parties. Mediator is not a person who helps in conception or existence of the solution. The correct answer already exists within us all. Aid, help and assistance of a third party is essential and imperative to enable surfacing of the resolution. Mediator helps disputing parties see the truth and resolve the existing conflict.
      As a law of nature there exists fundamental similarities and characteristic differences amongst us. This dualism helps each individual to understand the commonality and have a multidimensional view of life, events, relationships and other things. The commonality between all human beings is to value human equality. All beings are created equal dehors gender, colour, caste, religion, family backdrop, social statues, IQ, EQ, SQ, and HQ. Differences exit to enable us to appreciate and respect the significance of meaningful co-existence and sustained harmonious relationship. All relationships are based on trust. Breach of trust gives rise to conflict.
       Whenever the will of one person or a group of persons is supressed by another person or group of persons, for any reason what-so-ever, conflicts arises. There is no conflict till the suppression of will does not takes place. We all can all harmoniously co-exist happily, peacefully and perpetually enjoy the bliss of togetherness, without suppression or suppressing of will of another, that is being human.
         However, time and time again, people continue to exhibit their superiority and power. Some people are ruthlessly ambitious, not for their own development, but for claiming being victorious and dominating others. Classic examples are Alexander, Arabs, Mughals, Julius Cesare, Napoleon, Hitler, European colonization and the like. They plunder and loot others who have worked hard and created more resources for themselves. Their army rape women and girls who have no way to defend themselves as war booty and they are called great. Sad but true
       All technological development and marketing products, need basic raw materials. Countries with technological advancement create ways to get these resources at minimal costs or by illegal means. Gold dore, blood diamond, oil and minerals, wood and coal and also human resources are sought to be won or obtained at tiniest price. Some people have deep desire to dictate and control others and use them free or just for food, clothing and shelter, for their own comfortable and luxurious existence. This leads to economic exploitation, corruption, slavery, poverty, domestic violence, suicides and all forms of conflicts.
       Generation after generation, people who exploit call themselves rich, educated, developed, strong and powerful. Those who were exploited are called poor, uneducated, underdeveloped, weak and fragile. This leads to insecurity, diffidence and a perception of inequality and bias, based on the barometer of money. As basic needs, which continue to ladder up, are never met and there is always deep pain and trauma within as contradistinguished from bliss and ecstasy.
        The real conflicts are created by those who continuously perpetrate criticism, competition and comparison arising out of egoism, arrogance, lust and greed. On the other side are those who believe in co-existentialism, caring and creativity and make their best efforts to resolve the conflicts by gentleness, modesty and deep understanding of truth, which when does not find respect and reverence leads to disruptive encounters.
      Communication is the greatest strength of human being. That is why we are called evolved. We can converse, talk and chat 24 x 7. We can tell others what we feel and think. Every conflict is capable of resolution, if people are reasonable, objective and are able to communicate and address their real issues, clearly, expressly and unambiguously. But people restrain as they feel and understand that there the communication will likely lead to escalation of conflicts than sorting them out. Inability to resolve conflicts gives rise to dispute. Unresolved conflicts gives rise to disputes and unsettled disputes gives rise to litigation, fights and wars.
       As human being civilized it shifted from violent ways of dispute resolution by dual, ring fights, battles and wars to civil way of using the office of family head, tribe head, panchaayat or king, a neutral third party - Legal Revolution 1.0. With proclamation of Magna Carta (1273) the power to resolve disputes and pass decrees moved to Parliament - Legal Revolution 2.0. Independent Judiciary became the repository of dispute resolution from Trial Court to Supreme Court and that marked the advent of Legal Revolution 3.0.
       As several issues arose in court litigation, people moved to arbitration, conciliation and mediation (ADR) - Legal Revolution 4.0. Riding on the fourth wave as the human being has moved to the Fourth Dimension and Globalization 4.0, Fourth Industrial Revolution and Fourth Education Revolution are already in place, we also see peace mediation marking the Legal Revolution 5.0.
Mediator uses specialized communication techniques during the dynamic, structured, interactive process and assists disputing parties in resolving the dispute between them. All participants are encouraged to actively participate in the process, vent out their grievances to enable mediator to reach to the bottom of the issue. Mediator focuses upon the needs, rights and long term interests of the parties during this party- centred process. Grievances relates to past conflicts. It’s like rear view mirror driving. Interests are futuristic, looking forward 2022, 2023, 2025. Mediation is to help parties change the whole outlook of dispute.
       Mediator uses a wide variety of techniques as s/he guides the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative and manages the interaction between parties and facilitates open communication without any vested interests and perceptions. He helps in breaking new grounds to have better relationship, live a better and happy life. Mediation is also evaluative as the mediator analyses issues and relevant norms ‘reality-testing’, while refraining from providing prescriptive advice to the parties  ‘You should do...’  or ‘This may be better...’
          Peace mediation as contradistinguished from mediation simpliciter, is not a process of merely deciding a dispute or disposing of a litigation by bringing about a settlement between the parties for the present. Peace mediation is a process of eliminating and eradicating the conflict itself, forever. The process entails exploring and exposing the error in understanding and perception, which formed the very basis of the disagreement that brought about the clash of interests. Quality Peace Agreement must result in combusting and resolving the base or substratum of the conflict forever.
         The purpose of both meditation and peace mediation is to become conflict free by understanding the basis and true nature of the issues agitating deep in us all. Bring about in existence a conflict free individual, family, society, state, nation and the world.

Friday, December 11, 2020

Spirituality and Human Rights - Human Rights Day - 10.12.2020

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

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

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

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

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

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

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

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

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

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

Monday, December 7, 2020

Conflict free woman, moving into fifth dimension

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