| It is quite heartening that all the four pillars of our | | | | the need for protecting our environment and he |
| democracy day by day are showing signs of concern | | | | didn’t even forget to advise those responsible, |
| to the happenings going on around us- be it right to | | | | to shelve a project whenever it is found to be |
| freedom of speech and expression, environment | | | | detrimental to our ecology. Justice Mukundakam |
| protection, law and order obligations and | | | | Sharma who participated along with Justice |
| infrastructure development. The complaint of certain | | | | Balakrishnan in the seminar also dwelt on the |
| quarters against the media crossing limits has some | | | | importance of protecting our environment and to |
| substance, on the whole our media, both print and | | | | desist from deforestation and rapid industrialisation |
| visual, play cardinal roles in digging out and thereby | | | | urged all to spread awareness about ecological |
| exposing the festering sores still refusing to heal and | | | | protection. |
| thus helping all to take immediate remedial measures. | | | | |
| | | | | The subject of climate change has turned out to be |
| Similar is the case with our judiciary also. Years ago | | | | a hot issue haunting the environmentalists, Scientists |
| judiciary was seen by many in our society as the | | | | and citizens across the globe. The Copenhagen |
| prisoner of elite and also holding a dogmatic approach | | | | summit is fast approaching where a vast number of |
| which allegedly cared nothing for the uplift of the | | | | nations are supposed to participate to deliberate |
| masses. Gradually Judiciary’s mindset underwent | | | | upon and evolve new solutions to save the earth |
| sea -change for the good of the society. Jurists of | | | | from a catastrophe. The growth of developed as |
| the calibre of Justice V.R.Krishna Iyer were there, he | | | | well as developing nations ,both stakeholders alike, |
| always cared for the social aspects while passing | | | | have to gird up their loins and fight to bring down the |
| judgements. Justice Krishna Iyer, the nonagenarian, | | | | level of carbon emissions in the ensuing years. It is |
| now in the twilight of his life is still active albeit his old | | | | said that even if the developed nations bring their |
| age and poor health, pens a lot for drawing the | | | | carbon emissions to zero degree level, it won’t |
| attention of those at the helm of affairs towards the | | | | prove to be a blessing to all if the developing nations |
| inequalities still prevailing in our society. | | | | are left untouched. Means, they have also to play |
| | | | | prominent roles - and if debt-ridden appeal for aid |
| Once in a while a Krishna Iyer is incarnated over the | | | | from developed nations or the latter must generously |
| past one decade or two but that couldn’t save | | | | extend their helping hands. We should ensure in the |
| much purpose. | | | | process that coming generation’s future |
| | | | | shouldn’t be cooked at any cost, as one |
| On thinking about Judiciary and Judicial activism, writer | | | | environmentalist put it.) |
| and social activist Arundhati Roy came to my mind. In | | | | |
| her book “Algebra of Infinite Justice” , she | | | | In comes another verdict passed by the highest |
| has mentioned about a Supreme Court verdict | | | | court of our land, the Supreme Court. It is the case |
| pronounced by a three member jury consisting of | | | | of a well-known human-rights activist Dr.Binayak Sen. |
| A.S.Anand, J.P.Kirpal and S.P.Barucha. The verdict was | | | | He was incarcerated in a Chattisgarh Jail in May 14, |
| in response to a Public Interest Litigation filed by | | | | 2007. Dr.Sen who is a reputed padeatrician who cared |
| Narmada Bachao Aandolan appealing to the court to | | | | a lot for the down-trodden in the society was a |
| order a stay to the further construction of Sardar | | | | regular visitor to a Chattisgarh jail to treat the |
| Sarovar Dam as the rehabilitation of the displaced | | | | inmates. He was imprisoned on the charges of acting |
| poor had not reached anywhere. | | | | as a courier of to a maoist inmate of the prison by |
| | | | | the State government. Unlawful Activities |
| | | | | (Prevention) Act was slapped on him by the |
| Barring S.P.Barucha, who passed a dissenting | | | | Government. The well-known human-rights activist |
| judgement, Chief Justice Anand and Justice Kirpal | | | | had to languish in the prison for two years inspite of |
| passed a verdict allowing the authorities to proceed | | | | protests and processions staged by human-rights |
| with the construction. The hapless poor felt | | | | activists and intellectuals around the world. |
| themselves in the lurch by the highest court of the | | | | |
| land. This verdict was passed on October 18, 2000. | | | | Finally his case reached the Supreme Court and the |
| Nine years have elapsed since then. Governments | | | | jury consisting of Justice Markandeya Katju and |
| came. Governments went. Ministers came. Ministers | | | | Justice Deepak Verma freed him within no time, |
| went. Judges came. Judges went. Mindsets | | | | telling Dr.Sen’s eminent lawyer Shantibhushan |
| underwent enormous changes. And are still | | | | that, “We know the facts of this case. He has |
| undergoing vast changes. Much water has flowed | | | | been in jail for two years. We are granting him |
| down Narmada since then. | | | | bail”. |
| | | | | |
| Now the Chief Justice of India (CJI) is Justice | | | | Touching, to say the least. A pro-active Judiciary free |
| K.G.Balakrishnan. | | | | from a |
| | | | | dogmatic approach and with a humanitarian attitude |
| While taking part in a seminar on Law and | | | | is always a |
| Environment on May 21 at Chandigarh, he stressed | | | | blessing for the society at large. |