India became a Republic on 26th January 1950 and a written Constitution that contain the fundamental rights and directive principles of State policy came into force. The preamble to the Constitution declared India to be a sovereign democratic Republic and assured to every citizen justice – social, political and economic and equality of opportunity. The fundamental rights contained in the part lll of the Constitution and the directive State policy dealt with in Part lV of the Constitution are elaboration of guaranteed justice enshrined in the Constitution. The Constitution also provided judicial remedy in the event of encroachment upon the fundamental rights by empowering the Supreme Court under Article 32 and the High Courts under Article 226 to strike down any law, rule, order, regulation or executive action if any of the above violates the fundamental rights.

The history of the Supreme Court shows that it has rendered landmark judgments upholding these rights. Its interventions have resulted in protecting the rights of citizens as against arbitrary and capricious actions of the executive. The judgments rendered by the Supreme Court include prohibition of child labor, protection of the rights of ‘adivasis and dalits’, prevention of deforestation, maintenance of environment and ecosystem and also prevention of cruelty to animals. It also rendered many rulings protecting the rights of minorities to establish and administer educational institutions of their choice under article 30(1). The directive principles in Part lV cannot be enforced to Courts; but at the same time the Supreme Court held that they are fundamental to the Govt. or the State and if there is any conflict between fundamental rights and directive principles, there shall be an attempt for reconciliation. It has been held that the basic structure of the Constitution cannot be changed or amended. What is the basic structure is not defined, but it includes secularism, socialism, democracy and federal structure.

No law can be static and is bound to undergo changes according to the changing circumstances and conditions. Constitution is no exception to these rules; that change may take place even without a change in any ‘letter’ of the Provision.  Reinterpreting the Provision to suit the changing condition becomes necessary in such cases. For inst. Right to life under Article 21 has been interpreted as right to life in dignity. Similarly, earlier decisions of the Supreme Court held the rights under 30(1) as absolute and cannot be restricted but only regulated for the interests of excellence of education. But later decisions ruled out the absolute nature of these rights and justified restrictions which affected the free exercise of those principles.

Though the constitution of India has a federal structure, criticisms have been made by several constitutional pundits that the Indian Constitution is more of a unitary nature. The foundation for this criticism is that the Centre has been given large powers and the States have been reduced to the position of local governments with much less powers conferred on them by the Constitution. The Schedules to the Constitution contains three Lists. The Union List contains the subjects over which the Union has got legislative power and the State List contains the subjects over which the states have got the legislative power. List 3 is Concurrent List which contains subjects over which both the Union and States have got legislative powers. The Constitution also provides that the powers to legislate on subjects that are not enumerated in these Lists are restricted in the Union. In almost all constitutions, which have federal structure, we find that the States are given powers to legislate on more subjects than the Union and power to legislate on residuary subjects, not enumerated, are vested in the States. It is for this reason that criticisms are levelled that our Constitution is more of unitary nature. However, H M Seervai, the great constitutional pundit, is of the view that our constitution contains necessary elements to constitute a federal structure and the reasons for the critics are insufficient to call it a unitary constitution.

Another question that arises is that if there is any conflict between the State and the Union laws in respect of the subjects in the concurrent list, which law must prevail. Based on the provisions of Article 254(1), which has been held in such cases, the state law must prevail. The state laws have been reserved for the President’s consent in such cases and the Parliament also was endorsed with powers to over ride the law by adding to or altering to or repealing it.

One aspect to be noticed is that there is excessive concentration of power in the Centre. Mahatmaj’s vision was decentralization of power. He conceived of self-sufficient village Panchayats whose affairs are to be handled and administered by the people of the villages at grass root level. Panchayatraj and Nagarpalika Acts are good attempts to make this situation, though these annexments are revolutionary to the extent that they concern to the local body’s powers on specified subjects. These are hardly sufficient to meet the great aspirations of Mahatmaji. Only the real power on village people can make villages self-sufficient and self-reliant republics.

Prophet Mohammed had to flee from Mecca to Medina as a result of various kinds of persecution and torture perpetuated on him by the people of Mecca. In Medina he was given a royal reception by the people, who made him the ruler of the state of Medina. To them he was both spiritual and temporal leader and it was he who united the warring tribes and established complete peace and laid foundation for an ideal state.

Though the prophet was the ruler of Medina, he led a life of extreme simplicity, poverty and informality. He was generous even in poor circumstances and did not save any wealth for himself. His food consisted of ordinary things like bread of barley and dates. There were occasions in Median life when even these ordinary things were not available. Many times he went to bed empty bellied. His dress was simple and it consisted of only a sheet of cloth and loin cloth. He slept on a bed made of fiber from date palm. At the time he said farewell to the mortal world, he did not possess any wealth or property.

Abu Musa Ashari, a companion of prophet narrates that Ayisha (wife of the prophet) took out a sheet of cloth and a rough loin wear and said, “prophet died leaving behind only these cloths.” It is interesting to compare this in the context of modern rulers, who lead a life of great pomp and luxury using the public exchequer. It would be useful to quote a famous saying of the prophet:

“Knowledge of God is my capital;
Reason is the root of my faith;
Love is my foundation;
Enthusiasm is my style;
Remembrance of God is my friend;
Firmness is my treasure;
Sorrow is my tool;
Patience is my mantle;
Contentment is my reward;
Poverty is my pride;
Devotion is my art;
Conviction is my power;
Truth is my redeemer;
Obedience is my sufficiency;
Struggle is my manner;
My pleasure is my prayer.”

Founding fathers of our Constitution have placed the judiciary on a high pedestal with special privileges to judges of High Courts and the Supreme Court that for discharging the responsibility of the divine duty vested in them fairly and fearlessly. The result was that no disciplinary proceedings for action could be taken against the judges of our judiciary and no punishment could be imposed for their misconduct, except by way of impeachment. The procedure for impeachment was very complex and difficult and no judge had so far been subjected to impeachment, ever since the Constitution came into force on 26thJanuary  1950, though misconduct and corruption on the part of at least a couple of judges had come to light. That means, mechanism of impeachment is quite inadequate to address the increasing cases of misconduct and abuse of power on the part of the judiciary.

Lord Atkin has said, “Power corrupts and absolute power corrupts absolutely.” Judiciary has been entrusted with unlimited power to adjudicate upon the disputes of individuals and states, individuals and individuals and also to declare whether the laws, rules regulations and orders by the legislatures, government and other authorities are illegal, unconstitutional and violative of the fundamental rights envisioned in the Constitution. Article 141 of the Constitution declares that the law laid down by the Supreme Court is the law of the land.

It is a well-known principle that it is not enough that justice is done but it must also appear to have been done. Accountability and transparency is the basis of any democratic system. Allegations levelled against higher judiciary in recent times are by no means negligible or small. It tarnishes the name and reputation of the judiciary and shatters the confidence of ordinary citizens to whom the judiciary is the last and only hope of justice, hitherto to adjust and redress their grievances. Just as the mechanism of impeachment has failed to deal with erring judges, it is necessary to think of a mechanism which can effectively address the misconduct of higher judiciary. It is my feeling that the system of appointment of judges itself requires modification. It is the collegium of three senior judges of the High Court that recommends the name of the person to be appointed as High Court judge. This is really against the Constitutional Provision which requires effective consultation with the Government, which would have placed some restriction in the matter of appointment. I also feel that while selecting a candidate for elevation to the High Court or Supreme Court, foremost consideration must be the integrity of the person.

All is said and done, though there are some aberrations on the part of some judges. It is a matter of satisfaction that generally speaking, vast majority of the judges is in the dignity and reputation of this High Office. Any step taken to keep the temple of justice pure and unpolluted will be highly appreciated by the citizenry.

While considering the fundamental human rights, a question that has come up is ‘gender justice’. The world had not been fair to the fair sex. According to the communist movements, ‘no religion has done justice to women’. It is true to say that the percentage of women in public services, legislative assemblies, judiciary and public life in general is incredibly low, even in developed countries, not to speak about the undeveloped countries. Denying women equal rights and equal opportunities will amount to the denial of human rights to half of the total population. No country can progress and develop unless women are brought to the mainstream and basic human rights including equality of opportunities and equality in protection are guaranteed. We cannot deny that women are often subjected to domestic violence and sexual abuse. It is in recognition of these facts that the UNO declared 1975 as International Women’s year.

Prevention of Domestic Violence Act and reservation of 50% seats in administrative bodies are steps that empower them to effectively participate in the administration of local bodies. Women are not in any way inferior to men in intelligence, talents and creativity. My feeling is that the steps taken will play an effective role in the nation building activities.

The bias against female children is another alarming feature visible in the contemporary society. Technologies like scanning help to identify the sex of the child in the womb of the woman itself and female fetus is destroyed. There cannot be any action more cruel and uncivilised than this. During the times of the prophet there was a custom of burying live female children. We find clear admonition against this in Quran. Quran says, “And when the news of (the birth of) a female (child) is brought to any of them, his face becomes dark, and he is filled with inward grief! He hides himself from the people because of the evil of that whereof he has been informed. Shall he keep her with dishonour or bury her in the earth? Certainly, evil is their decision.”(Quran 16:58-59). The prophet said, “Heaven lies under the feet of the mother.” He also said that the most precious thing in the world is a righteous woman and the best man in the world is those who show love and mercy to his wife.

No religion has degraded the status of the women. But often males who are at the hem of affairs have, through wrong interpretations, used Holy Books to reduce the status of the women.

Fasting is observed in all religions, in one form or the other. Mahatma Gandhi used it as a powerful tool in his fight against injustice and violence. Muslims are enjoined to observe fast in the month of Ramadan. From dawn to sunset they are not allowed to take any food or drink and are also advised to abstain from sexual relationships. About fasting, Quran says, “Believers, fasting has been prescribed for you just as it was prescribed for those before you, for that you may guard against evils.” (2:183) Quran also gives reasons for choosing the lunar month of Ramadan. It was in Ramadan that Quran was sent out for guidance of mankind, with clear criteria by which to distinguish right from the wrong. Quran says, “Whoever of you is present in the month, let him fast.”

The aim of fasting is to keep each individual away from temptations and evils and thus purify his/her soul and thus elevate him/her to the highest pinnacle of Bliss. Prophet warned, “Unless you abstain from sinful words and wrong deeds, God has no intention that you give up food and drink.” That means, mere starvation is of no use and will not yield any reward from God. Hinduism, Christianity, Judaism and all other mother religions prescribe fasting as an effective instrument to purify the soul and prevent one from committing sins. This is clear indication of their connection to the divine Source.

Believers consider that Quran is a revelation from God and is guidance to humanity. The first revelation came in the month of Ramadan, while the prophet was in meditation in the cave of ‘Hira’ in Mecca. It took 23 years for the completion of the revelations. Prophet’s flight from Mecca to Medina was at the age of 53. The verses revealed at Mecca are called the ‘Meccan Surahs’. It gave guidance to individuals through the prophet as a warner. The guidance he and his companions needed after the migration was not the same. In the political and social community of Medina, the prophet had to function as law giver and reformer. After a month’s fasting, the believers were ordained to celebrate Eidul-Fitr, as mark of thankfulness to God. That is the first day of the next month of Shawwal.

If we all live according to the guidelines prescribed in our Scriptures, we can build heaven on earth. Unfortunately, most of the followers of all religions ignore the noble teachings of their respective Scriptures and that is the real reason for all the disharmony and violence in this world now. Good, if we all decide to join together for this noble cause and sow the seeds of mutual respect and love in the upcoming 2011.

Islamic calendar that is followed by most of the Gulf countries and Muslims elsewhere for festival purpose is also known as Hijra Calendar. The Meccan descent is from Abraham through Ismail. The Kabbah was built by Abraham, assisted by Ismail, for the worship of one God. In course of time, large number of idols was installed inside Kabbah. However, a small section was disguised at the ideology and longed for the religion of Abraham. They tried to find out the noble teachings. Such details of truth were known as ‘Hunafa’, a word originally meaning those who turn away. They were agnostic of their day, they sought the truth at the light of their inner consciousness. Mohamed the prophet was one among them. It was his practice to retire for a month every year, to a cave near Mecca, known as ‘Hira’, for meditation. It was there, one night, the revelation came to him through the angel Gabriel, in the month of ‘Ramadan’. In a trance, he heard a voice saying “Read.” He said, “I cannot read.” The voice commanded, “Read in the name of the Lord, who created man from a clot.  Read and it is thy Lord, the most bountiful, who teacheth man by the pen he does not know.” Later, Mohamed came out of the cave and heard the same voice saying, “Oh! Mohamed, you are Allah’s messenger and I am Gabriel.” Then Mohamed raised his eyes and saw the angel Gabriel in the lightness of a man.

That was the beginning of the prophet hood of Mohamed and the revelations of Quran. The Muslims were enjoined to observe fast during the month of Ramadan, to commemorate the first revelation of Quran, which intends proper guidance of the human race. Ramadan also reminds us the relevance of total silence and the importance of being in communion with the Highest.

Most of the parents think that their responsibilities are over once they send their children to school. They  fail  to  realise  that there  should  have  a  constant  watch over the movements of their children. Our  experience  and the reports that are coming up in news papers reveal that instances are many,  where  students  leave  their  homes under the pretext that they are going to School or College, but  they  do  not  go  to  Schools  or  Colleges and instead they keep company with bad and unwanted elements  and  under  their influence start consuming alcoholic drinks or harmful drugs; they gradually become  addicts  and  spoil  their  future  and  career. Parents begin to know about this only at a stage when it becomes difficult to redeem them from this habit. Parents who send their children with great hope and aspiration get totally frustrated at the fate of such children. It has been said that parents also are to be blamed for the traps in which their children have fallen.

The parents also are to understand that they should be role models to their children. If the parents consumes alcoholic drinks or harmful drugs they cannot expect their children to be free from such habits. On occasions like festivals birth anniversaries, and marriages, liquor is simply poured out and this also will only help younger members to think that after all these are not evil.  Recently we had a typical experience.  On a holiday, a girl student had some convulsion. Madhu of Chaitanya hospital and Raju Antony of  Co-operative  Medical  College  Trichur,  who  are  Shanti Samithi (peace organisation)  activists,  who  used  take regular classes to students of High School  classes  about  the ill  effect  of  alcoholic  drinks and harmful drugs.

They  met  the  girl and made enquiries and found that she with many other students  used  to  purchase  a packet of pickles for Rs. 2 from a petty shop and consume it along with their  mid-day  meals.  Feeling  suspicious  about  the  content,  they  tested the pickles in the lab and found  that  the  pickles  contained  harmful  drugs.  This pickle is used by a large number of students at their  lunch.  Samithi activists got their shop raided with the help of Police and authorities and they seized the items.

I feel that the parents and teachers should show some responsibility to see the children are not falling into this kind of traps.

We all want peace. All religions talk of promoting a culture of peace. But peace is eluding us. On the contrary, violence is rampant in the contemporary society; reason is not far to see. Only a generation consisting of righteous and responsible citizens can bring peace to the world.

Prominent Gandhian activists and cultural leaders met at Gandhi Bhavan Ernakulam (Kerala) in 2002 to discuss the Issue. They came to the conclusion that creating a generation committed to ethical and social values is important to bring about permanent peace. Consensus emerged in the meeting was that an organisation with the avowed objectives be formed. This was the genesis for the formation of Kerala Shanti Samithi – a peace organisation.

The Samithi focused on two important activities. First, the Samithi decided to rush to the places, wherever a religiously or politically motivated violence emerges and make all efforts to bring back peace through reconciliation. Secondly, the Samithi decided to conduct awareness programmes among student population for promotion of moral values like truth, non-violence, peace and harmony. The Samithi made it a point to share the Messages of Peace that Mahatma Gandhi gave us along with shared ethical and moral values common to all religions, with an intention to help the new generation elude from the ill effects of drugs and alcohol. The Samithi later initiated Shanti Clubs (Peace Clubs) in Schools. It could create a good number of youngsters who vowed to dedicate their time and energy for establishing the objectives of Shanti Samithi.

A recent study on the social life of the present student population in Kerala has brought out awful stories of victims of drugs and alcohol. Parents have been found to be unaware of the involvement of their dear children in anti-social activities. When the truth reaches their notice, it becomes difficult for them to save their children from the trap. I feel that serious and concerted works have to be done among students to liberate the coming generation from the evil clutches of drugs and alcohol.

International Interfaith consultation held in Kuala Lumpur from 3rd to 8th November made a serious attempt to identify the shared wisdom common to all religions and indigenous tradition. In this connection it took notice of the ‘’Declaration Towards a Global Ethic’’ adopted by Parliament of the World Religions on 4th Sept 1993.It was in that conference, for the first time in human history that the representatives of different religions agreed on a set of common ethical values and moral standards which were shared by all of them .In that declaration the representatives of the various religions identified the following six ethical standards common to all:

1. Every human being must be treated humanely which means that every human being has an inalienable and untouchable dignity which has to be honoured and protected.

2. What you do not wish done to yourself, do not do to others.

3. Commitment to a culture of non -violence and respect for life.

4. Commitment to a culture of solidarity and a just economic order.

5. Commitment to a culture of tolerance and a life of truthfulness.

6. Commitment to the culture of equal rights and partnership between men and women.

         Commission found that the above moral and ethical standards, if adhered to can bring about a just and peaceful society. Commission also found corresponding to Universal Declaration Of Human Rights, that there should be a Universal Declaration Of Human Responsibilities which   are quite essential for successful implementation of the human rights enshrined in the Declaration. Accordingly it adopted a code of Universal Declaration Of Human Responsibilities.

        Unfortunately, the leaders of various religions made no serious efforts to present the global ethical principles, probably because they wanted to present the values contained in their own respective scriptures from an exclusive perspective.I feel in order to overcome the present crises of values and failure of governments to built a peaceful and just society, it is necessary that they should recommit themselves to the common ethical norms defined in the global ethical declaration.

Recently, an International Conference was convened at Kuala Lumpur (Malaysia) which was meant to initiate an International Movement for a just world. Some sixty scholars, legal experts, leading teachers and policy makers attended this very important international consultation, in which much wisdom was shared. I also was invited to attend this Conference, which was held in early October 2010. The main discussion was focused on how the shared wisdom and ethical values common to all religions, including indigenous spirituality, can be integrated into an international law.

There was a rapid advancement in Information Technologies, during the last three decades, which virtually reduced the world into a single global village. As a result of advanced transportation facilities and consequent increase of migration of people around the world, more and more multi-cultural societies have come up which still continues to be divided in the name of beliefs and faiths.Different religious traditions and institutions had to play a great role in prevention of conflicts in the name of religion and cultural diversity. To create a unique international law that might eradicate all sorts of similar clashes between people, we have to identify in the first place shared values that are common to all religions, ethnical and indigenous traditions.

The consultation found that the stream of shared wisdom and model values common to all religions and traditions is very wide and deep while the differences are far and few.The differences were mostly related to rituals and outward manifestations only. It also found that it is not difficult to identify the common shared values and give shape to a global ethical code.

All religions denounce offences like vengeance, cruelty, theft, adultery, fraud, hypocrisy and dishonesty. On the contrary, all religions uphold as core principles, love, charity, compassion, truth, forgiveness, self-sacrifice, generosity etc. and care to uphold family values and respect for others. In building a world order of justice and peace, those core principles are very important and crucial and have to be applied at individual, social, national and international levels. The consultations also found why the United Nations adopted a Universal Declaration of human rights. In my view, the findings arrived at are very important in building peace and justice everywhere. In the context of the present scenario, where there is too much talk of clashes among civilisations endangering the solidarity and peace environment of the world, an international code is the final answer.

Education and acquisition of knowledge are mainly responsible for all the progress made by the humanity. Therefore, it is not surprising that the first revelation of Quran happened to be exhortations to acquire knowledge. Quran says, “Read in the name of your Lord, who created man from a clot of blood. Read and your Lord is most gracious, who taught man what he doesn’t know with pen.” (96:125). There are several passages in Quran which exhorts humanity to ponder over the creation of the Universe and study lessons from natural phenomenon.

Prophet said, “It is compulsory for every male and female to acquire knowledge.”

“Ink in the pen of a scholar is more precious than the blood of a martyr.” “Seek knowledge even if we be in China.” According to Quran, a person who travels in search of knowledge is in the way of God until he returns.

It is a well known fact that the Arabs were steeped in badness and ignorance at the time of the birth of the Prophet and they had not made any contribution to the intellectual field. However, we find the exhortation of Quran and the sayings of the Prophet brought about a great intellectual revolution among the Arabs.

Gustave Le Bon the famous French social psychologist remarked, “At any epoch when Europe was steeped into the largest of barbarisms, Bagdad and Cordoba, two great cities, which were nerve centres of civilisation where Islam held sway, illuminated the entire world with their brilliance and learning. For the same reason, Pandit Jawaharlal Nehru in his ‘Glimpses of World History’ said, “The Arabs were the fore fathers of modern science.”

Our Hindu Acharyas also have said ‘Vidyadhanam sarvadhanal pradanam’ (knowledge is precious than all the wealth). The  first Abbasid Khalif of Bagdad, whose reign  was  outstanding  for  its patronage of learning, founded in the 9th century an institute of research called ‘Baitul Hikmah’ at which the great works of Greek Science were  translated  into Arabic. More streams of knowledge were added with that fromIndia too. Remember that this had no precedence at all. We think that we are great enthusiasts but I feel that our attitude to learning is yet to change for the better because learning is always a divine mission.

Quran says, “Co-operate with one another for virtue and seedfulness and do not co-operate with one another for the purpose of vice and aggression.”  This means that a person who does noble and righteous deeds has the right and active cooperation.

On the controrary, see who commits acts of vice and aggression. Even if the aggressor is a close relation, friend or neighbour, he does not have the right to win our support in the name of religion, race, country, language or nationality.

The Prophet said, “You render help to your brother, whether he be an aggressor or victim of aggression.” The companions of the prophet asked him how they can help an aggressor. The Prophet replied, “By preventing him from his act of aggression.” On another occasion the Prophet said, “The ugliest face of a communal bias is to help the aggressor who belongs to ones community in his act of aggression.”

Poverty is the biggest problem that plagues humanity today.A sizeable chunk of the human society is below the poverty line.

Mahatmaji who won freedom for us through an innovative struggle based on truth and nonviolence said ‘’ the first task of independent India is to wipe tear from every eye’’. Mahatmaji put forward his concept of trusteeship in the matter of distribution of resources. This presupposes that the poor have a right to share these resources .Unless poverty is eliminated there will not be any peace in the world. God has bestowed many gifts and blessings on us and all the religions teach us that we have an obligation to share these fortunes with our less fortunate brotheren and sisters.

According to Islamic doctrine, all resources belong to God and those who are in position of these resources have only a limited right to spend them as ordained by God. In other words the poor and have nots have a defined share in these resources and parting with that is not a charity but their right. Abubakr the first Caliph even declared a war against those people who refused to discharge this obligation(Zakat) after the demise of holy prophet.

 All religions have stressed the importance of arms giving, but unfortunately we neglect these teachings and behave as if all our possessions are acquired by our sheer efforts and that nobody has got any claim over it and it is this mindset that leads to conflicts in the society.

Quran says that there is no compulsion in religion (Chap. 2: 256). Caliph Umar had a Christian houseboy and he remained a Christian all his life. Caliph had never persuaded him or exerted influences over him to be converted to Islam. During his reign he dismissed a Governor, from his post for rebuking a non-Muslim on account of the form of worship followed by him. Judge CG Weeramantry, former Vice-President of the International Court of Justice says, “Islamic rule preserved to the minorities their personal laws in accordance with their codes, usages and customs.”

A small Christian community in Damascus had a small Church that stood on the way of a grand Mosque built by Umayyads. Muslims wanted to expand the mosque for which the site of the Church was required and enough compensation or an alternative site was offered to the Christians. But Christians refused any compensation or an alternative site. The Church building was demolished and the Mosque was expanded. When Umar came to know of this, he ordered demolition of the expanded portion of the mosque and rebuilding of the Church in its’ place. However, the Christian community, while appreciating the noble gesture of the Caliph, expressed willingness to take an alternative site. I believe that this event has great relevance in the wake of the Babri Masjid – Ram Janma Bhoomi dispute, which remains a wet problem for more than six decades.

We have plural societies in almost all countries today. There will not be any peace in the world unless there is peace in all societies and among followers of all religions. The prime requisite to build a world order of peace is to extend respect and mete out equal treatment to all religions. It should not be forgotten that all religions share common wisdom and values and that these shared values are indispensable to create righteous and responsible citizens.

Justice 1

Quran enjoins that one should uphold justice under all circumstances, whether it be against the interest of one’s parents or kith and kin.

It is not enough justice is done but it should appear to have been done. In this connection I shall narrate an incident during the caliphate of second Caliph Umar Farook. There was a dispute between Caliph Umar and Ubay Ibn Ka’b. Ubay filed a case against Calipha and Calipha appeared in the Court of ZaidIbn Sabith as defendent. Zaid showed special respect towards Calipha which was not liked by Umar. There was no evidence in the hands of Ubay to prove his case. Umar denied the allegations in the complaint of Ubay. However Ubay insisted that Calipha should take oath in support of his defence. Because of his respect towards Calipha, Zaid requested Ubay to relieve the Calipha from taking oath. Umar was very much annoyed and unhappy about his conduct and said to Zaid” If you are unable to treat Umar and a common man equally you are unfit to be a judge”.

In all respects Zaid was a judge of integrity and good conduct and gave no room for any complaint from parties to litigation at any time. However Caliph Umar felt a Judge should be free from all blemishes and even this act of indiscretion on the part of Zaid is sufficient cause to remove him from the high office held by Zaid. Accordingly he ordered for removal of Zaid from the post of Judge.

Justice 2

In the modern democracy we find immunities given to persons of position in the administration of justice not only in matters of procedure but also from trying for offences. This certainly is opposed to the principle of equality before law and equal protection of law.

Ali, cousin and son-in-law of Prophet Muhammad succeeded Usman as the fourth Calipha. During his Caliphate there was a dispute between Ali and a Jew and Ali had to appear in Court as the plaintiff . In support of his case he himself gave evidence besides his son. Calipha could not produce any independent witnesses to prove his case. The judge considered the testimony of Calipha and his son was not sufficient to give an order in favour of Calipha in the absence of an independent witness. The judge decided the case against the Calipha and in favour of the Jew. Calipha Ali accepted the verdict with great respect though his case was true.

Jew was astonished at the impartiality and the independence of the Judge and came out of the court and conceded the truth of the case of the Calipha.

Umar Farooq was the second Khalifa.  He was a shining example of an ideal ruler.  It is for this reason, Mahatma Gandhi, addressing newly elected legislators said that he would like them to emulate Umar Farooq.  History is replete with anecdotes which demonstrated how great he was as an able and ideal administrator.

Without disclosing his identity he used to roam about during nights to find out the problems of people. One day he found a woman heating water and her children sitting around her were crying.  Umar enquired about this to her and then she said that children were crying with hunger as she has nothing to feed them. To the question why she was heating water, she answered that she wants to create an impression in the minds of those young children that she was cooking food for them and she expected that tired children would go to sleep soon with empty stomach and then she could stop heating and go to sleep with empty stomach.  The family was in utter poverty.

This gave a shock to Umer. He immediately rushed to the state warehouse where wheat was stocked and carried in his own shoulders a big packet of wheat and brought to the house of that woman. The caretaker of the warehouse insisted that he would carry the wheat; Umer did not allow him to do so saying that it was himself who will have to answer to God about the predicament of the woman and her children. Umer cooked the wheat, fed the woman and children and made permanent arrangement for their relief and that was Umer.

Justice under all circumstances.

Mahatma Gandhi concept of ‘Sarva Dharma Sambhav’ is very relevant in establishing world peace. Almost all countries now have plural societies with differences in religion, ethnicity, faith, language and life style.  There will not be any peace in the world unless there is peace and harmony among the followers of different faith and tradition.

According to Mahatmaji, all religions have equal status and they are different paths in the same goal of union with the divine, which he described as ‘Sarva Dharma Sambhav’. He said, “For me different religions are beautiful flowers from the same garden or branches of the same majestic tree.” He used to say that he was much of a Muslim, Christian, Buddhist, Jain and Parsee as he was a Hindu, and added, “Independent Indian, as conceived by me, will have all Indians belonging to different religions living in perfect friendship.” In all his prayer meetings, verses from Holy Scriptures like Bible and Gita were recited. He always taught that harmony among flowers of different religions is essential for progress of any country.

Mahatma Gandhi won freedom for us employing an innovative mechanism of truth and non-violence. But it would be interesting to find out what Mahatma Gandhi was doing while we were celebrating the Independence Day on 15th August 1947. Pandit Jawaharlal Nehru and Vallabhai Patel could not conceive of an official celebration of Independence Day in the absence of Mahatmaji. They sent a messenger by name Sudhir Ghosh to Calcutta, where Mahatmaji was using his powerful weapon of fast and satyagrahato build peace and harmony between Muslims and Hindus, who were indulged in fighting each other. SudhirGhosh handed over the letter and also explained how Nehruji and Patelji were in a state of anguish about the absence of Mahatmaji at New Delhi in the official celebration of Independence Day. Mahatmaji read the letter and patiently heard SudhirGhosh, then in a low voice Mahatmaji said, “My preference is Calcutta, where Hindus and Muslims are fighting each other. I shall establish peace among them and am prepared to sacrifice my life in that noble venture.” SudhirGhosh had to return to New Delhi to convey what Mahatma Gandhi said.

Mahamaji did establish peace in Bengal and those who were indulged in fratricide were found in mutual embarrassment – that was Mahatma Gandhi.