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In any justice system, the ultimate goal is to uphold fairness, righteousness, and balance—what Indian tradition calls dharma. Yet, the path to achieving this often challenges the boundaries of conventional structures. The jury nullification case of Luigi Mangione in the United States serves as a compelling example of how societal conscience can triumph over rigid laws to restore justice.
The Power of Jury Nullification
The Mangione case demonstrated the moral strength of the jury system, where individuals collectively rejected legal overreach to uphold fairness. By nullifying a law that conflicted with the broader principles of justice, the jury reaffirmed that laws are not infallible; they are meant to serve humanity. This case reminds us that the essence of law lies in its capacity to evolve and adapt, a principle well articulated by legal philosopher Sir John Salmond, who wrote:
“The law is the body of principles recognized and applied by the state in the administration of justice.”
But Salmond also cautioned against rigidity:
“Law is a living and growing science. It must adapt to the needs of the times, or it will cease to serve its purpose.”
Vigilantism: A Catalyst for Reform
Vigilantism, while controversial, emerges when legal systems fail to deliver timely or effective justice. In both the United States and India, history provides instances where individuals or groups, driven by a sense of moral urgency, acted outside the law to correct perceived wrongs. While such actions can never replace the rule of law, they serve as a stark reminder for judicial systems to remain relevant and responsive.
As Salmond eloquently stated:
“Justice is the end of law, and law is the means to it. The laws which fail to achieve justice are not laws at all, but only a parody of it.”
The Indian Context: Should the Jury System Return?
India abolished its jury system in 1960, following the controversial Nanavati case. The decision reflected concerns about public and media influence on verdicts.
However, the time has come to reconsider. A jury system, representing the conscience of the people, can provide a vital balance between codified laws and societal values.
Our epics offer profound lessons in this regard. The Mahabharata, the ultimate treatise on dharma, reminds us that the pursuit of righteousness may demand extraordinary measures. The Kurukshetra war, led by Bhagwan Krishna, was fought not for conquest but for restoring dharma. Krishna’s counsel to Arjuna emphasizes the moral imperative to take decisive action, even if it means wielding force, to uphold righteousness. Krishna proclaimed:
“Yada yada hi dharmasya glanir bhavati Bharata,
Abhyutthanam adharmasya tadatmanam srijamyaham”
(Whenever there is a decline in righteousness and a rise in unrighteousness, I manifest myself to restore balance.)
The war itself, though destructive, was undertaken to restore dharma—a lesson that justice may sometimes demand extraordinary measures.
Salmond and the Mahabharata: A Convergence of Thought
Both Salmond and the Mahabharata emphasize the dynamic nature of justice. Salmond noted:
“The administration of justice is the firmest pillar of good government.”
Krishna’s message aligns with this, as he urged Arjuna to act decisively for the greater good, even if it meant going against societal norms.
The Path Forward
Restoring dharma in today’s legal framework requires a willingness to evolve. Reintroducing the jury system in India could bridge the gap between codified laws and societal realities, enabling a collective conscience to guide justice. Jury nullification, as seen in the Mangione case, demonstrates that when guided by moral clarity, people can ensure that laws align with the higher principles of justice.
As Salmond wisely observed:
“Law is not an end in itself but only a means to an end—the end being justice.”
The Mahabharata teaches us that justice is dynamic, requiring both courage and adaptability. Drawing from Krishna’s timeless wisdom and Salmond’s jurisprudence, let us build a legal system that not only administers justice but restores dharma—the ultimate foundation of a fair and righteous society.
The author is Mohan Murti FICA, Advocate & Corporate Laws Advisor and International Industry Arbitrator, Former Managing Director-Europe, Reliance industries Ltd, Germany, Member, Supervisory Board, Innoplexus AG, Frankfurt – Germany.
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