Yogesh Kumar Saxena, Advocate, General Secretary, All India Bar Association, Supreme Court & High Court, Allahabad, U.P. Ex Senior Vice President, Advocate’s Association, /Hind Kishan Sangthan,/ All India Lawyer’s Association, High Court, Allahabad
Ethical value in scientific invention versus Law and society
The principle of science is
discovery than what is the doctrine of any social framer of our society. There
is inherent conflict between the principle of society, which is of continuity
and conservatism and that principle of science, which brings about invention
and challenge to conservation. Thus we have to invent a delicate balance; as
science seldom has the facilities that it deserves accept when misfortune
comes, while the society is inclined to protect conservation. Can in such
curiosity ,invention and exploring the unrest, any society may be protected
without enforcement of Rule of Law in the Society?.
The History of man has always been
characterize by enduring and attempting for exploration of new frontiers, in
reaching out to new environment and to built understanding with the Nature. The
frontiers are control by intellect and capability, which is motivated to
explore the unknown mystery. Challenge to excite the intellect creates devise
new techniques, new instruments and new approach to unknown area of Nature.
Thus the problem relating to the vital force of science in relation to the
society always remain the same.
Creativity is the sign of invention.
Enthusiasm leads to ambition. Thus instability becomes the condition of mind,
which is never pacified in isolation. Thus search for the new dimension and to
realize its effect upon curiosity is the desire of an individual. There is the
secretion of male Harmon due to the
biological factors, which governs the activity of the mind of the criminal in
commission of sexual crimes . Thus the mind of such criminal to has got the
learning in a sex starved society; in which the man has no respect for women.
This stimulate them to indulge for committing an offence of sexual assault upon
women. The society provides a check upon it through law enforcement agency and
simultaneously maintaining the balance to the individuals liberty. The ratio of
the fear upon the psychology of an individual person is having a vital role to
preserve the society from Commission of a Crime. The recent incidents of
committing the rape, in Budha Jayanti Park of a girl student of Molana Azad
Medical College, at Siri Fort Auditorium with Swiss Diplomat, with a Foreign
Tourist in Goa and also the attempt upon Lady assistant Film Producer in New
Delhi during Film Festival, has atleast provided introspection upon our legal
system. Although many incidents of the rape committed with the women remain
unreported due to the stigma upon her character and dignity of the family of
the victim girl, as there is no protection to the women in the society.
The legal system in India
stinks. The victim is shamed. The evidence is tempered with. Experts are
persuaded to change their mind. DNA samples and viscera are tempered in the
science laboratory thus the judicial system is a mess, which insults a woman’s
dignity and perpetuate sexuality more quickly and punished her more hardly than
the punishment provided to the culprit of the crime. Thus without giving
spontaneous punishment to the culprit, we can not ensure the dignity of the
women and as such there will be damning indictment of the state of law and
order in the society.
The structure of the society due to
obscene western visual media, information technology, infra structure has gone
through vital change and thereby it has become less conservative and more
flexible. This transformation from a rigid traditional structure and the growth
of scientific culture is not only reproducing the economic change, but also the
having the change in social and ideal condition of the living standard of his
society . There is a rape victim at the intervening period of every three minutes in New York ,
USA . The reason is anonymity and melting pot for the entire globe. New Delhi
is ghastly converting this culture and their has been new method, technique and
the invention of new infra structure to kill the basic instinct of an
individual. Thus our cultural heritage is not preserve with the modern scientific
temperament and western environment .In the Indian condition, where there is no
surety of life and virtually there is no punishment for a criminal, how dignity of the women may be protected. Simply
by the enforcement of law and order by maintaining a delicate balance between
the personal liberty and crave is there for liberation from the bondage of the
women, the crime cannot be put under control. There is no other system
enforceable accept the imposition of self introspection upon our basic instinct
of liberty and freedom.
The existence of scientific culture, the
economic change and new technology has provided the necessity for social change
,there is no protection and guarantee to the people regarding their Fundamental
Right to Work, Right to Education and
Right to medical assistance by the government of India. In absence of these
rights, the creativity as the basic desire of the scientific temperament simply
converts an individuals for psychological
diversification to try the impossible, which is not try by the other
individual. In search of this objective in life one may easily divert him to
pacify his basic instinct by committing some kind of crime. This is a law less
society. Here is no fear in the mind of
a criminal. Thus the thought are conveyed not merely as an ideological or
philosophical discourse but in a prospective destruction of the various values
and traditions of the society.
Let us have a confrontation with the
scientific temperament and that of
infra structure for modern civilization with the Scientific invention.
The electron was discovered and within a decade, the first electronic valve,
the triode, was invented. The solid state device of transistor was invented
giving rise to the birth of solid state electronics. Ultimately the electronic
circuit incorporated the tinny chip of silicon, which converted into the possibility of the modern computers and
space technology. The field of electronics has grown up in an explosive fashion
with communication equipment, while the nucleus of the atom through the
phenomenon of nuclear fission has wiped the cities of Hiroshima and Nagasaki in
Japan. Thus, on one hand, if you want to take the advantage of modern computers
and other electronic equipment, than on other hand, we may also face the
destruction of the human civilization. If the energy in the sun and in the
stars is used in destructive form, it may vanish the entire civilization. Thus,
in absence of any introspection to the growth of civilization being tackled
with our traditional cultural heritage, we may not stop these fundamental
changes in the society. Thus the crime, to the society and upon the dignity of
the women, has to be seen in the light of social conscience of scientific
invention with the conservative integrated approach through meaningful
education and spirit of nationalism in order to control an explosive situation.
This can only be tackled by accountability of the law enforcement agencies and
by reductions of the disparity in our society. If It is not checked with an iron hand in a very short duration, this may convert
the entire world in a lawless society.
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