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80 VIEWPOINT
PRINCIPLES OF JUSTICE
BY CHAND MAL LODHA, FORMER CHIEF JUSTICE OF RAJASTHAN
All good laws are built on the principle of non-violence, even by the state. This applies to religious and spiritual laws, as well as secular ones. In business, for example, it is cultural pressure that deters Jains from cheating, not fear of the state. Our ascetics are often invited into prisons to teach convicts about ahimsa. Written laws alone do not prevent crime - good people do not even need laws to be good, and bad people do not cease to be bad because of the law.
It has often been said that 'mercy is the basis of all religion! Perhaps this is why, uniquely in India, the prison diet is purely vegetarian. Ahimsa in action has a subtle influence. For me, as a lawyer, judgement tempered with mercy and fairness is the motto. I must speak the truth in all circumstances and practise the highest integrity.
The Jain principle of truth (satya) finds an important place in the administration of justice. I believe that past karmas lead to suffering, and therefore we must pay for these and atone for sins. Even if by mistake an innocent person is convicted, it can be seen as an aspect of karma. This idea might not straightaway solve his problem, but it can be consoling. Conversely, if a person is convicted when he or she is guilty, that is also a manifestation of karma. Karma does not excuse miscarriage of justice, but it puts human justice in cosmic perspective - and for a lawyer that is salutary indeed.
Jainism has had a major influence on the Constitution of India. The following values, enshrined in the Constitution of India, are synonymous with Jainism:
• Religious freedom • Equality of rights and opportunities • No caste discrimination . Abolition of untouchability • Prevention of cruelty to animals. Historically, Jains have played an influential role in Indian government. At the court of the Moghul Emperor, King Akbar, there were nine wise persons. One of them, Todarmal, became renowned for his wide-ranging abilities. Akbar followed his advice on all adminsitrative matters, so high was his regard for this leading representative of Jainism. Sir Siryemal Bafna was the Prime Minister of Bikaner and Indore State in the early twentieth century, and the Emperor Aurangzeb had a very prominent Jain adviser. In the era of independence, Jains have continued to play a major role in Indian law and politics. They have a proud tradition of promoting social justice and responsible government.
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