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Swami Sadashiva Brahmendra Sar (Nil)     26 November 2010

Cooperative Justice

Dear Friends,

After  publication of a literary work an authour should detach himself from it. The excersise for meaning and explanation of the work transfers to the domain of it's readers and commentators. But, seeking relaxation in this ideal tradition,I invite your attention to a couplet of  "Samvidhaan Chaalisa" created by me wherein I have introduced a concept of Cooperative Justice. Refering to Judiciary, the couplet runs as under:

"Mitra drishti aalochanaa* , nyaay tantra sahkaar;**

rahit pratikriyaa dvesh se+, chitawat baarambaar.++"

 I feel , in many cases particularly in PILs, Arbitration and Mediation etc. the Judiciary takes (or it should take) a cooperative role .  Am I right ? Can this approach be  named as Cooperative Justice

________________________

*  The word "mitra drishti" i.e. friendly critisism or review is inspired from  Rudrashtaadhyaayee - Shukl Yajurved. - "...Mitrasya ma chakshusa sarvaani bhootani sameekshantaam....".

** Cooperative judicial system

+ Free from reactions , prejudices and malice - Mainly inspired from Durgashaptshati

++ Instructing/guiding/warning repeatedly



Learning

 3 Replies


(Guest)

 

Application of constitution and law should be straight & strict by keeping away any emotional involvement.  No compromise with it and no cooperative approach should be there.  No relaxation out of Law as no personal approach should be there.  Panchaayati approach cannot be accepted that a land should be distributed equal in all claimants etc.  What is said in Law is final.


(Guest)

 

Our Constitution and all the Laws are made by the cooperative approach by all people of India.  The great cooperative work is already done.  Its strictly impartial implementation should be done to make our India a SECULAR DEMOCRATIC NATION, that's it. 

ravi shankar sharma (advocate)     04 July 2011

yes, practically it is going on in the courts so we can give this name 2 but only when there is an amicable solution to any dispute present. 


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