Human Dignity, Justice, Fairness, Youth - Eubios Ethics Institute

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Macer, DRJ and Saad-Zoy, S. eds., Asia-Arab Interregional Philosophical Dialogues:
Human Dignity, Justice, Fairness, Youth, Democracy and Public Policy (UNESCO, 2011)
their lives was minimal. On a more personal and moral basis, among the Hindus and the
Buddhist populations as well as the Muslims, it was the religion that governed the
conceptualization of justice. These rural bodies had survived for generations before this time and
they will continue to do so through British India and after that, albeit with an increased hand of
the state in their affairs.
Colonial Period (c. 1600 AD-1950 AD)
The pre-British era in the Indian history that was under the rule of East India Company saw
introduction of the Colonial British courts and tribunals like Mayer’s courts. Around the second
half of 18th century, the House of Commons started taking notice of the business and sociopolitical
affairs of the Company. After receiving a report by a committee, which condemned the
Mayor's Courts, the Crown issued a charter for a new judicial system in the Bengal Presidency.
The British Parliament consequently enacted the Regulating Act of 1773 under which the Kingin-Council
created a Supreme Court in the Presidency town, i.e. Fort William. 6 In the new
Supreme Court, the civil and criminal cases alike were interpreted and prosecuted accorded
to English law; in the Sadar Adalats, however, the judges and law-officers had no knowledge of
English law, and were required only, by the Governor-General's order to proceed according to
equity, justice, and good conscience, unless Hindu or Muslim law was in point, or some
regulation expressly applied.
They had a sideline purpose of favoring the economy of the Company. So, again, the rural India
which formed about 80% of the whole was left to its merit, only now the revenue went in the
treasury of the Company instead of the rulers (who led a nominal role in most of the places and
got remunerations for it). The greatest change-maker introduced was the education system. The
British and other European colonial powers wished to educate the local public so that they can be
a part of the system. But this new education did more than that. It introduced the concept of
rights and duties, albeit not impartially. It showed Indians the ‘flaws’ in their own society. There
was a sort of a renaissance in the social structures with many social activists like Raja Ram
Mohan Roy coming forward trying to uplift the oppressed, the downtrodden and the neglected
people within the community. Long time had it been since man in the Indian subcontinent had
actually been proactive in the betterment of society instead of blaming it all on karma and the
gods. In a way, this sowed the seeds of the concept of ‘equality for all’ as justice in them.
It was like a veil was being lifted off slowly from over their eyes. First were the social
movements from 1860s to 1880s followed formation of different social and political bodies
especially marked by formation of Congress in 1885 and of the Muslim League in 1906. Even in
terms of the change in ideologies and objectives of these bodies, there was continuity. For
example, never had they even dreamed of putting forth the idea of total independence until the
Bombay meeting of Congress in 1931. People still followed their own religion in their homes
and their communities but now their lifestyles were mixed with the European ideas of justice and
freedom, for most of the part. The highlights of this era were the two conflicting ideologies of
Gandhian non-violence and drastic revolution, with the same aim: independence. Incorporation
of non-violence was a phenomenon never seen before in the history of mankind. Mahatma
Gandhiji’s thought behind this idea was to prepare the society so that they can govern themselves
instead of just blindly trying to oust the British (even with a specific ideological dream of future
India). He stopped the whole nation involved in the Civil Disobedience movement because of a
small incident of violence in Chauri Chaura in 1922 saying that the Indian society was not ready
for independence yet. Marching alongside Gandhiji were the brave revolutionaries like Bhagat