OM SHANTI JURISPRUNDENCE

Wings Objective

· To facilitate and support the application of moral values and ethical behaviour within the legal and   judicial systems.

· To foster lawfulness in the general public through education in spiritual and moral values.

· To promote love and logic in the dispensing of justice.

Historical shifts in socio-economic and socio-political thought during the 20th Century have provoked tremendous changes in law and legislation worldwide. However the increasing clamour for justice, liberty, equality of opportunity and protection of fundamental human rights have unfortunately been equalled by increasing crime and litigation. All of our courts of law and penal systems have failed to thwart human rights violations, deter crime or bring swift and affordable justice within the reach of the ordinary individual.

The legal system and the profession of law today are themselves handicapped by many internal injustices. Litigants commit perjury on oath, often at the advice and guidance of their advocates. Lawyers practise law as though playing a sport, using delaying tactics, influencing witnesses, and putting obstructions in the process of law in order to win their cases. On the one hand there are judges who are sticklers in upholding the letter and grammar of the law; on the other hand there are judges who ignore the principles of justice and allow their decisions to be influenced by popular opinion. The judiciary process is lengthy and fraught with interpretations of evidence and incessant appeals. The clever and the rich slide through legal loopholes provided by outdated precedents that have no real bearing on present circumstances.

Society is becoming increasingly criminal, whether or not the crimes are of subtle theft or of gross terrorism. Why are our systems of justice and jurisprudence unable to make an effective contribution to the safety and stability of society? Why inspite of a plethora of advocates, vast libraries of legal books, mountains of cases heard and decided, lakhs of the taxpayer's money being spent to sustain police officers and penal institutions is crime more than ever on the rise? The obvious causes of the rise of crime are economic disparity, ethnic, religious, and racial hostility, and mental and emotional imbalance. Astute observers will perceive that underlying these apparent causes can be seen the triumph of greed, anger, lust, ego and possessiveness over the innate goodness of the human soul.

The Call of Time across the legal landscape is for a spiritually empowered jurisprudence, i.e. one that is tempered by spiritual prudence. In fact, both jurisprudence and spiritual prudence have a common aim: the promotion of truth and justice and the reduction of crime. Both believe that people suffer because of their own evil actions. One calls it 'crime', the other calls it 'sin'. Both view crime as deviant behaviour resulting from emotional trauma, or mental stress or depression, compounded by lack of self-control. It is in the attitude towards and treatment of offenders where spiritual prudence and jurisprudence part company.

Jurisprudence throws the offender behind bars, condemns him to stiff sentences, hard labour or capital punishment, and makes of him a public spectacle in the name of deterring further crimes. It is not hard to see that the ultimate manifestation of such jurisprudence is a police state or a military regime.

Spiritual prudence adopts methods to awaken and enlighten the core consciousness of the offender, teach him the practice of meditation so as to free him from stress and trauma, and enable him to live a meaningful and productive life.

If the Law, the lawyer and the judge take this view of the criminal, then jurisprudence will become a healing art, the police and the jailer will not adopt third-degree methods, jails will become reform centres and judges will become social engineers and spiritual doctors. Of course, society must be protected from the unlawful acts of criminals until such time as their reform has taken firm and evident root in their character and conduct. But spiritual prudence considers that such reform is a worthwhile and achievable effort because it believes in the original divinity and ultimate redemption of every human soul. It holds that people have an inherent inclination and predisposition to be lawful and that the very existence of conscience, however eclipsed it may be, is evidence of this. If this were not the case, then there would be no point in working towards the creation of a culture characterised by peace, social well- being and law-abiding, righteous citizens.

Spiritually empowered jurists will be moved by the spirit and not merely the letter of the law. They will, "See the motive, not the move; the heart, not the words." They will offer solutions, not judgements, restore clarity in misunderstandings, foster love where hatred festers. They will suggest measures which prevent repetitive cycles of crime, punishment, release and crime again, and thus save at least the first-time offender from adopting crime as a career. When jurisprudence reflects a legal mindset that is balanced by love, society will then make headway towards the ideal of a crimeless society and a culture of peace.

The Jurists' Wing proposes a new science of law called 'Om Shanti Jurisprudence'. Based on an understanding of natural and divine laws, this spiritually empowered juris- prudence takes a fundamentally holistic view of the universe. It requires an understanding of how a human being can be transformed so that whatever he or she does is righteous, that is, the right thing to do. This new jurisprudence will include preventive measures that increase the psychological and spiritual immunity of people to stress, temptation and the passions. It will also include remedial measures proven effective in reforming persons with criminal tendencies.

The large number of members and associates of this Wing, including judges, lawyers, chartered accountants, tax advisors and consultants, judicial officers, taxation officers and law enforcement personnel, are devising ways in which the legal fraternity can bring about a balance between law and love in their professional lives as well as taking up responsibility for rediscovering true justice.

The Wing regularly organises a number of dialogues, seminars and conferences for legal professionals in different parts of India which have drawn participation from eminent jurists such as the former Chief Justice of India, Hon'ble Justice Ranganath Mishra; Judges of the Supreme Court of India, Hon'ble Justice P.B. Sawant and Hon'ble Justice S. Mohan; and the former President of the International Court of Justice, Hon'ble Justice Nagendra Singh. The Wing enjoys the support and patronage of internationally acclaimed jurist, the Hon'ble Mr. Justice V.R. Krishna Iyer.

The Wing's major activity in 1999 was the organisation and hosting of a conference on Law & Spirituality in the 21st Century, held from 31st May to 2nd June at the Institution's Shantivan complex in Abu Road. Inaugurated by H.E. Bro. Anshuman Singh, Governor of Rajasthan and addressed in the 3rd Plenary session by H.E. Bro. Bhai Mahavir Ji, Governor of Madhya Pradesh, the conference attracted many eminent justices and advocates: renowned Supreme Court Judge Justice V.R. Krishna Iyer (retd.), Justices I.M. Qudeshi, K.D. Shahi, and Retd. Justice R.K. Shukl of the Allahabad High Court; Justice J.N. Bhatt of the Gujarat High Court; Senior Advocate Magan Bharat of the Gujarat High Court; Advocate BK Amar Singh (Bharatpur) and Advocate and Solicitor, Mr. P.C. Waghani (Mumbai). Many distinguished executives of bar associations and representatives of other legal-related organisations also participated: I.G. Patil, Vice Chairman, Bar Council of Maharastra & Goa; Mr. C.M. Vyas, President of the District Bar Association, Ahmedabad, Mr. L.N. Vyar, Deputy Director of the Prosecution, T. Krishna Reddy, Chairman of Huda, and Mr. Sharad Madke, Assistant Charity Commissioner (Retd.), Pune.