Necessity Justifies Revolution

 

It is requested to readout the articles on the premise of Global poverty, secularism of norms and values, application of doctrine of necessity and finally with the revolutionary ideas.

A human beings have right to use gun in case of starvation is the necessity for the justification of the revolution. There are about 1.2 billion people living below the poverty line of less than one dollar per day, and almost 3.0 billion on less than two dollars per day, compared with a global population of over 6.0 billion people, according to World Bank figures.

In many sub-Saharan African countries, life expectancy fell during the 1990s owing to the impact of HIV/AIDS. Other major setbacks in health gains occurred in Eastern Europe and the former Soviet Union, where the political and economic transition has been accompanied by decreases in life expectancy of five years for males.

In some of the poorest countries of the world, one in five children still fails to reach his or her fifth birthday, mainly owing to infectious diseases related to the environment.

The Millennium Declaration, adopted by all 189 United Nations Member States in 2000, promised a better world with less poverty, hunger and disease; a world in which mothers and children have a greater chance of surviving and of receiving as education, and where women and girls have the same opportunities as men and boys. It promised a healthier environment and greater cooperation a world in which developed and developing countries work in partnership for the betterment of all.

The declaration established eight MDGs and time-bound targets by which progress can be measured. With the 2015 deadline looming, how much progress has been made? And is the pace of progress sufficient to achieve the goals?

The MDGs are break down into 21 quantifiable targets that are measured by 60 indicators. The international communities are showing their mercy towards eradication of poverty from the list of the world whereas the same international communities are not in position to stop their industries which are producing the high amount of Chlorofluorocarbon (CFCs) which have adverse effect on the survival of human civilization.

The indirect or direct support to those activities is promoting the global poverty rather than the decreasing it. The international community will show after 2015, rapid decrease in the poverty, hunger, and disease through making beautiful chart or statics while the scenario will be something different. The ground reality and the statics will be totally two poles of the magnets which have no any connectivity.

According to the survey done by the Food and Agriculture Organization of the United Nations, 2009, the number of hungry people in the world has reached 963 million, or roughly 15 percent of the world population. This represents an increase of 142 million over the figure for 1990-92.

This is a visible impact of poverty and inequality in the present national as well as international order. Poverty is the state where the people are not only deprived from using the natural things but also in condition to use the things provided by the government.

The state or called the international community as the single state has sponsored to increase the poverty world widely. The poverty is becoming the serious challenge to establish the rule of law or norms of human rights in both the developed countries and developing countries. The Preamble of Universal Declaration of Human Rights (UDHR, 1948) and two binding covenant ICCPR and ICESR have talked to protect the life, liberty and property around the world. These rights are entitled as the inherent right of the people around the world.

The efficacy of implementation of these rights in terms of protection and promotion of it only can be viewed from the practical realization of it. If there is any human rights violation in any corner of the world, that strictly raise the question mark to the efficacy of these international instruments.

The international communities were aware about the fact of the global poverty and their consequence at the time of drafting the charter of these international instruments but they drafted it and make binding to the international communities. There is agreeing opinion of the emerging scholars like, where there is starvation, illness, poor people, unhealthy environment, un-adequate of food, water, and shelter etc, no human rights standards can be implemented over there.

Since, the jurists are own-self classified into two folds, one who are in favor of generation theory while one who is in against the generation theory. But for me, the generation theory assumption will not solve the problem of the global poverty because it is not caused by the one generation but by the subsequently many generation and their adverse effect are appearing to this generation.

The right to food have the same level of importance to survive while survive like animals is likely to not survive so mean time need dignity and security by representative people. the right o life and right to food can’t be interpreted nor applied separately because the existence of one is depend upon the recognition of others.

This is also supported by the principle of recognition of entitlements which says about the recognition of all the entitlements which help people to exercise their inherent rights for what they are.

The principles also bridge the gap of generative theory of development by providing the compensation, reparation and other different treatment to the people who are entitled to get it.

Orissa and Jharkhand equals with Chad and Niger in respect of BPL percentage. Orissa, Jharkhand, Bihar, U.P., M.P. have more poor than whole of Sub Africa. , Himachal Pradesh and Kerala almost equals BPL percentage of Brazil(SOURCE : HUMAN DEVELOPMENT REPORT 2011 ) 10% of rich people in India consumes 59% of resources, while 30% of poor just have 3.5% of resources,4th biggest exporter of the food grains has 1/4 of its population sleeping without food,990 five star hotel are in rich India while 1/3 of its population cannot fulfill their basic needs.,5 proud Indians are hosting India’s flag in the 20 ford’s world’s most richest people of the list, while poor India is ranked at 96th in the global hunger index( Source, Data and Ravallion,2009) “Minimum Basket Theory” (food, education, health, training, energy) 49.98% of the population is B.P.L. , 49.98% of the population was surviving with a per capita daily consumption expenditure of Rs. 40 or less and were termed POOR and VULNERABLE.

How can you have true democracy when the majority of Indians who live in the rural areas live in poverty? They have no electricity, no clean drinking water and no good schools? The fact that the traders, and the middle classes, who live in big cities, and who constitute a minority of the one billion Indian people, enjoy wealth and have good schools does not prove that they have true democracy. Indian has no doubt made great strides in such fields as military sciences and software engineering. But this should not mean that they should become complacent. They must preserve the good things they have, get rid of bad things we have acquired by imitating others, and acquire the good things they lack.

Some people equate Indian and American democracies, saying that both are dominated by money, and that both democracies are the best democracy that money can buy. Well, it is true that American democracy is dominated by money, but this is because America is the bastion of world capitalism. In America you have the best democracy that money can buy.  In America, the vast majority of people are well off.

Even an ordinary person, who works as a garbage pickup person for the little town, can not only afford to support his family financially, but he can also afford a family car. He is not ashamed of telling others that he is a garbage collector working for the little town.

This is because there is dignity of labor in the West. But in India things are different. The vast majority of the people there, who live in rural areas, have no electricity, no clean drinking water, no regular source of income, and little hope that things will improve in the future.

More than 20 million women continue to experience ill health each year as a result of pregnancy. Poverty has existed for a very long time, and to different extents it remains worldwide still now in this 21st century.

In primitive societies it was most often the case that everybody was equally poor, but more modern societies have generally tended to involve poverty being confined to an often substantial minority only – though this can often harm those concerned even more than universal poverty does.

In India, 32.7 per cent of the population subsists on less than $1.25 per day and 69 per cent make only $2 a day.

In rural India, 34.28 per cent of the population lives on less than $1.25 a day, down from 43.83 per cent in 2005. In urban India, 28.93 per cent of the population is in extreme poverty, down from 36.16 per cent in 2005, according to the report. More than 12 million Africans have died of AIDS (over two million in a single year), and 13.2 million have been orphaned, due to HIV/AIDS.

Several hundred million people continue to be infected annually with malaria, which results in almost 300 million clinical cases worldwide each year, and over one million deaths. Hence the answer to what is poverty is not simple, as poverty does come in different forms and extents, allowing different definitions of poverty, but it is always harmful to those concerned and especially harmful to children whose biological development and survival chances can also be greatly harmed.

Poverty itself means misery to the poor and it also greatly limits their freedom of life choices and makes them vulnerable to other various nasty forms of exploitation including child exploitation.

Poverty can also be very harmful to society as a whole, insofar as it can maintain a divided conflict society where the poorer conflict with the richer and acceptance of poverty generally encourages social badness rather than goodness.

Two issues have been preventing most governments from handling poverty well,

1. Most governments in both rich and poor countries do not see poverty-reduction as being any priority to them, and so do not make much attempt to reduce poverty. The wider benefits of reducing poverty are not widely understood.

2. The few governments in rich or poor countries that do see poverty-reduction as being of some priority to them, have commonly wasted much of the resources they use in mistaken attempts at poverty reduction from not understanding their best policy options for that.

The dynamics of revolution is difficult to predict for making easier to understand it. The revolution has long history or we can say that the milieu of revolution interlink with the development with civilization of human society.

The revolution requires for addressing the unresolved problem created by the human society itself. Some of the Vedic philosophical leaves premises or grounds also talked about the justification of revolution and their legitimacy.

The revolution is the out result of non-equality in resources in words of Marxist or called Communist while revolution is the outbreak of non participation and non representations in the mainstream of abstract entity called it state in speech of democratic norms. The revolution maximally advocates about the principle of secularizing the human society.

Secularism is important anti-religious concept in words of some atheist and communist which create a wall between religion and state. Distinction between these only can bring state in right track which is needed for the personality and state development.

The secularism notion is always straight forward. It never wants to entangle with the jurisprudence of religion and others matters related to this. It gives scientific platform for the human beings to discover the norms of humanity and applied for the betterment of the human beings without any distinction.

Although the philosophical notion of secularism is convincing to the human beings for talking about the betterment of the humanity throughout the world but the implementation is very difficult task. Revolution justifies on the ground that, a human being never be subject or slave or any inferior to fellow human beings. The nature has created all of us with the same values, standards, dignity, prestige and cranial capacity.

The only difference is that someone has enough access to the natural resources while other lacks. The race on the common property of all human beings is only created by the natural phenomenon. The differences never drawn on the basis of biological distinction, when distinction among the fellow and other human beings get root, the seeds of revolution starts.

The revolution not merely tries to make human beings more secular only but it also try to give the justification for the number of unresolved issues.

The number of issues may be violated in the name of revolution. The prior concern of the revolution is to create the society based on mutual respect, mutual tolerance, and mutual co-existence.  There are some of the human rights related international instruments we called it treaties or declaration also talk in favor of respect of human rights and their fulfillment and avoiding the chaos from the society.

But we can never forget the most painful and destructive war in the human history till now and their adverse affect on the human civilization. No matter whatever instrument we have to protect or help to make conducive surroundings for the humanity will fail to work, when we fail to erase out the attached problem of human society. It will only change into reality if the activists and others human beings are true secular.

It can’t be viewed only from the religious paradigm which talks about the justification of religious revolution. It was time in the human history when there was supremacy of religion over the state and people had to suffer in the name of religion, to end with these bad story, holy war took place in the Europe and resulted with the Westphalia Treaty called it bloody destructive religious war for thirty years.

Revolution will happen in each society in different forms to address different problems. For each revolution, there is necessity among youth to develop the norms of secularism for better future. The notion regarding the secularism is also politicized in the most of the country where it understood wrongly.

The secularism is the philosophy of neutrality which can be applied anywhere no reference to any of the prejudice. The secularism emerged and developed as a philosophy of free from any biasness in the state functioning but latter on it diluted with the religion and state neutrality limiting their wider scope from the neutrality as whole to religious affairs.

The abstract entity like state never had, have or will have the religion so it was, is and will be neutral from all the point but room for talking about the secularism only is minute. The state never functions itself; it needs the driving force which we called the government and it constitutes the representative of the people assign to perform some of the function as accordance with the will of people.

The religious matter is totally the private one; there is no any place of state interference in the private life of human beings. The secularizing state doesn’t mean, the state don’t have their any religious faith, recognition and others things, the only question is about the state sponsored religion and their active involvement in protection and promotion of one any religion with keeping in shadow for rest of the religion.

Another sect on revolution is bridging the vacuum in the country when remaining things are silence to speak about the emerged issues. It is linked with the doctrine of necessity for justifying of the revolution.

Although Black’s Law Dictionary, eighth edition did not say anything about the doctrine of necessity rather it defines necessity as a legal principle which is a “justification for a person who acts in an emergency that he or she did not create.”

Black’s Law Dictionary further defines the Necessary and Proper Rule that arose from American constitutional provision on the function of the congress which says that the US can take appropriate measure when it is adapted to fulfil an objective.

This invariably means that the Congress, under the Necessary and Proper Clause, can make any resolution to address any emergency situation .The term, Doctrine of Necessity, was first used in 1954, in Pakistan when the Pakistani Chief Judge, Muhammad Munir, validated use of emergency powers by Governor General, Ghulam Mohammad. In his judgment the Chief Justice cited Bracton’s maxim, “that which is otherwise not lawful is made lawful by necessity,” thereby providing the label that would come to be attached to the judgment and the doctrine that it was establishing.

The Doctrine of Necessity was also invoked in 1985 in Grenada for the second time to permit a murder trial to continue in courts that had been brought into being by an extra-constitutional decree. In a 1985 judgment, the Chief Justice of the High Court of Grenada invoked the doctrine of necessity to validate the legal existence of a court then trying for murder the persons who had conducted a coup against former leader Maurice Bishop.

The court had been established under an unconstitutional “People’s Law” following the overthrow of the country’s constitution, which had subsequently been restored. The defendants argued that the court before which they were being tried had no legal existence under the restored constitution, and they were therefore being deprived of their constitutional right to a trial before a “Court established by law.”

The High Court acknowledged that the lower court “had come into existence in an unconstitutional manner”, but “the doctrine of necessity validated its acts.” On this basis, the murder trials were allowed to proceed.

The doctrine was used for the third time in Nigeria on February 9, 2010 when the National Assembly passed a resolution making the Vice President, Goodluck Jonathan the Acting President and Commander in Chief of the Armed Forces. Both chambers of the Assembly passed the resolution after 78 days of absence of the President  Umaru Yar’Adua who is in Saudi Arabia receiving treatment and has refused to hand over power voluntary as stipulated in the constitution.

Though, there was no such provision empowering the National Assembly to pass such resolution in the constitution, the Senate President, David Mark, said the Senate was guided by the “doctrine of necessity” in arriving at its decision. While reacting to the usage of this doctrine, a constitutional lawyer, Chief Mike Ezek home, said that “the decision is constitutional, legal, legitimate, and appropriate and meets the need of justice.

Under the doctrine of necessity, this decision is well taken.” He corroborated this by one of Hippocrates, the father of medicine‘s lecture that “a desperate disease needs a desperate remedy.” Another legal practitioner, Mallam Yusuf Ola-olu Ali, (SAN), was of the opinion that the doctrine of necessity was not unconstitutional in the context which it was used by the Senate.

He said “if for instance, a law said that you should use your left hand and the left hand is incapacitated and cannot be used, to use the right hand will not be out of law since the law did not say you should not use it.

The reliance of the doctrine of necessity as used the by the National Assembly at a time like this was in the interest of the entire Nigerians, more so, when the country had been without a recognized head for so long a time. Chief Richard Akinjide, SAN once said in one of the interviews he granted the media that “It is not enough to be talking about constitution, there are other two critical elements, and they are: national interest and conventions.

The two are as strong as the constitution.” To lend credence to this, another Professor of law, late Funsho Daramola once said that “a judge who wishes to give a just solution ought to ask what a society is seeking which solution will end to this ends.” In this way, the constitutional revolution justify through application of necessity principle.

The application of necessity principles only can provide the better solution for a particular problem like the constitutional deadlock, constitutional silence, constitutional vacuums, constitutional crisis and others.

A number of application will we find regarding the uses of necessity principle for giving legitimacy of acts which used to be considered illegitimate in other conditions.

Some of non forgettable inferences of the revolution which had occurred throughout the world are like, French revolution, American Independences revolution, Bangladesh Revolution, India Independence revolution, Cubic revolution, Russian revolution, Chinese revolution and Nepalese revolution etc. The discrimination can’t be justified by any means of the world for instances, the people of far western Nepal were dying in lack of medicine, water, food, proper security while the people of Kathmandu are enjoying all the facilities provided by the government.

The people has made revolt not for to have the civil mall or buildings like then Monarchy palace but for to have twice food in day. The revolution has brought a lot of changes in the Nepalese society while destructing huge amount of property. A serious question arise, whether a person have right to revolt against the maltreatment from another person or not.

The world was when sense of brotherhood and common values are practised. Any form of revolution will justify, if it concern with the human beings and their development. There is small incidence which justify the revolution:-

There are number of these kinds of examples in the poor country where the generous students have to face number of problem to survive and march ahead in the academic life for good score. One side, the privatization and globalization has brought sense of competition in each discipline while in another hands the poverty and dependency has increased a lot.

The governments are silence for such matters. Finally the generous students have to engage in revolution for their rights. World has the same story. If we recall and   study the facts about the children involvement in the ten years civil war in our country, we will have the same inferences like Rojina. They were compelled to leave the school and become freedom fighter in the early childhood, when they had to have special care from the family and time to build the base for the education.

The children were not to be stand for the revolution but they did because the cause was genuine.  They were fighting for the rights of coming generation and also for their inherent rights which has stolen by someone.    Rabindranath Tagore in “Gitanjali “Children build their houses with sand and they play with empty shells. With withered leaves they weave their boats and smilingly float them on the vast deep. Children have their play on the seashore of worlds.

They know not how merchants sail in their ships, while children gather pebbles and scatter them again. They seek not for hidden treasures; they know not how to cast nets.” The revolutionary idea doesn’t bear in the well furnished houses but in the slums areas.

The enslaved history of human society is not far behind from the modern developed society. It was time when slavery was justified, apartheid was legitimized, internal colonization was valid and finally virginity of girls was supposed to treat as good means for success of the land lords.

This is the history which had legacy of subordination, treatments like worst animals and keeping in subjection to majority of people.

Under colony period of India, the vast majority of population were beneath of foots of few white people. Under number of periphery, Indian independence revolution was justified. The French revolution had the same sort of history.

By

Bijay Parsad Jayshwal

Email: vijayjayshwal-at-yahoo.com