Ethical Values And Law

Yogesh Kumar Saxena, Advocate, High Court, Allahabad, U.P. 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.