Multidimensional Application of Anekantavada

SR No.: 014009
Original Sutra Author: N/A
Author: Sagarmal Jain, Shreeprakash Pandey, Bhagchandra Jain Bhaskar
Publisher: Parshwanath Vidyapith
Publication Year: 1999
Total Pages: 552
Language: English, Hindi
Classification: Seminar & Articles
File Size: 9 MB

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Multi-dimensional Application of Anekantavāda
general duty to act justly and fairly or fair play in action. Take us take an illustration of a criminal case. "A" commit murder of "B" in the following circumstances.
(i)
"A" is a member of a Terrorist group. Fires at "B" who is moving in the market.
"A" is a member of dacoits Gang. At the time of committing dacoity, fires at "B"
(iii)
"A" fires at "B" because in past "B" assaulted him.
(iv) "A" and "B" are friends. Because of a sudden quarrel and excitement, "A" fires at "B".
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(ii)
(v) "A" fires at "B" because "B" being a member of a dacoits gang was attempting to assault "A".
In the aforesaid circumstances "A" has committed murder; but it has to be looked at from different angles and viewpoints. In one case "A" can be hanged. In another case, "A" may be acquitted. It is the function of the Judiciary. It is solely based upon the principle of Syadvāda, that is, to look at the thing from different angles in different context. As "A" has committed murder, he is not to be punished or hanged in all cases or circumstances.
On some occasions, the courts are described as temples of justice. For the time being, we may ignore the feeling that there is vast commercialisation of justice or of noble profession of lawyers. We may also ignore the opinion that it is advisable to suffer any wrong that has been done to you rather that approach the law court for getting justice. In spite of this criticism, it can be said that the Judiciary represents the culture of the country.
In November 1992, the Supreme Court has, in the case of INDRA SAWHNEY vs.UNION OF INDIA. AIR 1993 SC 477, dealt with the question of reservation. The Supreme Court observed that we are dealing with complex social, constitutional and legal questions upon which there has been a sharp division of opinion in the society, which could have been settled more satisfactorily through political processes; the issues have been relegated to the judiciary which shows both the disinclination of the executive to grapple with these sensitive issues as also the confidence reposed in this organ of the State. The Supreme