Former Attorney General for India, Soli J Sorabjee stressed the need to evolve a 'jurisprudence of compassion'
KOCHI: Former Attorney General for India, Soli J Sorabjee on Saturday stressed the need to evolve a 'jurisprudence of compassion', which make the real beneficiaries to enjoy the fundamental rights of the Constitution.
In India, where millions live in poverty and a few flaunt their wealth in weddings and other functions, the vital need is to evolve a jurisprudence of compassion, Sorabjee said delivering the fifth law lecture on 'Human Rights, Jurisprudence of the Supreme Court of India', on the occasion of the 94th birthday of justice V R Krishna Iyer.
"Justice should be administered not only with mercy, but with compassion," he said. Do not mistake it with compassion with pity, which has a certain element of condescension, he said.
"In a pluralist society like ours, the rights of the minorities and unpopular persons would potentially be at grave risk if their exercise were to be determined through a popular majoritarian vote and not by solicitious judicial protection."
On the three 'perils' of the Public Interest Litigations (PIL)s, he said they have been "abused" in some cases and degenerated into publicity interst litigation, private interest litigation and political interest litigations. At times it has become an instrument of blackmail and oppression.
Courts have deprecated the misuse of PIL and imposed heavy costs in such cases. It is forgotten that every matter of public interest cannot be the basis of PIL, which is 'not a pill for all ills'.
Sorabjee said the judicial pendulum in PIL had swung 'erratically' during certain occasions.
Some orders and directions which had been passed were beyond the judicial sphere and do more "credit to the heart than to the head."
"It is doubtful whether the judiciary can direct the administration to construct roads, erect buildings, secure lands in a particular locality for accomodating certain persons or industries and appoint managers at a remuneration fixed by the court. Such orders have serious fiscal and budgetary implications and are more in the realm of legislature and the executive," he said.
Sorabjee also lauded the judgements of justice Iyer in improving the conditions of prisoners in jails.
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