Quotations for consideration:
- “For those who have faith, who believe, – No evidence or proof is necessary: For those who don’t – No evidence or proof is sufficient.” – Anon
- “Now it has become clear to me, that it cannot be wisdom to assert the truth of one faith over another. In our troubled world, so full of contradiction, the wise person makes justice his guide and learns from all. Perhaps in this way the door may be opened again whose key has been lost” – Emperor Akbar the Great
- “Treat the other man’s faith gently; it is all he has to believe with. His mind was created for his own thoughts, not yours or mine.” – Henry S. Haskin
- “Justice is a contract of expediency, entered upon to prevent men harming or being harmed.” – Epicurus (341 BC – 270 BC)
- “It is the spirit and not the form of law that keeps justice alive. ” – Earl Warren (1891 – 1974)
- “Law only recognizes rights and remedies if they are infringed. Justice is more than that. Strict application of the rule of law can at times produce unjust results.” – Anon
- “If we desire respect for the Law, we must first make the Law respectable.” – Louis D. Brandeis
- Faith is by definition – belief without evidence or something held to be true because of confidence or dependence on what is believed to be true or trustworthy. Belief in God or in the Testimony of God or Prophet as revealed in the scriptures and the doctrines or propositions derived there from.
- Law is a system or body of rules of conduct recognized by custom or by formal enactment, religious, ceremonial, moral, canon or common, which a Community or a Society considers as binding up on its members. We are presently only looking at Law (Civil or Criminal as distinguished from Moral, Religious, or Common Laws) as established by Statute as a statement of a principle of Rights or Obligations in mandatory form, by a competent Authority, and under which enforcement of a Right or Obligation, or redressal of a Wrong, can be called for in a Court which decrees the meaning and extent of the applicability of the statute and the nature and extent of the Right or Obligation to be enforced, or the penalty to be imposed on those guilty of violation as redressal. Laws cannot be expected to be perfectly clear in all situations. Strict application of the rule of Law can at times produce unjust results.
- Justice is the rendering of what is true or merited in conformity with the principles of right, rectitude, honesty, impartiality and equity. Justice thus cannot always have absolute legal precision being more subjective than Law, and therefore at times be perceived differently. Justice is more than just the Law . Good judges decide according to what is just and right and prefer equity to law. Many times law must be bent to serve the interests of Justice
The recent Allahabad High Court Judgment on the Ram Janma Bhoomi / Babri Masjid land claims was widely castigated for being a political judgment giving primacy to ‘Faith’ over the majesty of the Law, for being based on claims of faith instead of on hard evidence and cold facts of law.
Is this a correct perspective or is it the view of those who are unable to accept a judgment which they perceive as being against them? Perhaps a better appreciation will arise out of better understanding of what is meant by Faith, by Law & by Justice. A proper perspective may allow us to perceive whether Justice may have been best served by this judgment.