Speaking for peace

Rotary Peace Scholar Retd. Justice Roshan Dalvi threw light on the nature of peace and its importance in society

There is a need to look for peace, not only between countries but also between families, societies and relations, says Retd. Justice Roshan Dalvi. “Peace is not just absence of war, but presence of something very material – presence of no conflict. That need not be armed conflicts, they can be unarmed conflicts, which are called structural violence’ that germinates in the societal structure.

Justice Dalvi recalled some of her cases as a judge which dealt with conflict resolution. She shared the story of a lonely worker who had appealed for the custody of his three children after his wife left for her parents’ house and
died there. The worker was challenged by the wife’s parents claiming legal guardianship rights on the three children. The father, being the natural guardian, it was necessary for the court to see if he was a fit guardian, a worthy
father or not. Having produced proof of a job, Justice Dalvi was convinced that the worker was a true father and was ready to go through the hardships and hence the conflict was settled.

Justice Dalvi shares that there are conflicts or conflictual relations even before birth. We have the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, enacted to stop female foeticide and arrest the declining sex ratio in
India. This was followed by another interesting and heart-warming example by Justice Dalvi, where she was to legally permit adoption of a baby boy by a lady who was unable to conceive.

According to the Hindu Law one cannot adopt a same sex child, which is supposed to encourage female adoption. The twist came when, while the lady loved one baby boy at the adoption agency and was waiting for the court to approve adoption, she conceived. Now, because she was going to bear a child, the sex was necessary to be determined so that
the law prevails. But the lady was really in love with the baby boy and wished to adopt him only. Keeping the object of the legislation and not disturbing the law, the conflict was solved by Justice Dalvi who declared that the same sex law would not apply as she had conceived after stepping into adoption procedures. Justice Dalvi slept peacefully
that night, she said.

Justice Dalvi learnt that when there is failure of justice, there is always conflict, especially in cases of sexual abuse of women and children. It is a social conflict, it happens everywhere. Justice Dalvi narrated another story
where a five-year-old girl was molested. Justice Dalvi decided to conduct the trial in her chamber rather than in what would have seemed like a loud and scary court setting to the child.

Justice Dalvi warned defence as well as prosecution lawyers to keep their voices low and the policemen to remain at the threshold of the door so as to conduct the trial without making it uncomfortable for the girl. Justice Dalvi placed the accused behind the girl so she could not see him while her mother was in sitting in the front. Justice Dalvi assured the little girl that it would be the last time she would have to narrate the incident. Afterwards, Justice Dalvi asked if the person who had done it was in the room, she turned but could not say anything. Justice
Dalvi decided to note the fright on the face of the child as an indication of identification when the girl turned to her and said, “Yes, he is the one!” And the girl was free.

Justice Dalvi also brought to light the ADR, Alternative Dispute Resolution, Multi-party Interestbased Negotiation,
Facilitation, Mediation and Consideration. In the International Court of Justice, mediation is largely sort to bring about peace.

In India’s contextual situation we have conflict, not in presence of war but absence of peace. In her one of the dissertations, Justice Dalvi chose Babri Masjid as the topic, pre- 1992 and now in the era of fundamentalist and
politicians. Justice Dalvi said it could be solved by Multi-party Interestbased Negotiation, Facilitation, Mediation
and Consideration where the stakeholders got together to get the best. And secondly, mapping the conflict historically and geographically.

Justice Dalvi said she believed that the Supreme Court would take in to consideration all the legislation but some
sections would remain disheartened. Hence, Justice Dalvi summed it up by saying, “If it is going to be, it is up to be!”

A vote of thanks by Rtn. Jimmy Pochkhanawalla
“Ladies and Gentlemen, when an advocate accepts judgeship when invited from the bar, that judge’s friends, well wishers and advisors immediately categorise the judge. And there are only two categories: the first is a deity which is well known to all lawyers which says, as I took my seat up on the bench as an independent heir, I could hear the walls declare, how the hell did he get there?

“The second category is when the friends and the well wishers go up to that advocate and say, ‘What possessed you? Your thriving practice, your brilliant career you gave up just to sit on that bench?’

“No prizes for guessing to which category Roshan Dalvi belongs. She is a formidable judge. Even after Justice Roshan Dalvi retired, she did not relax, she teaches at Judicial Academies all over India to shape future judges and
lawyers.”

Rtn. Bharat Merchant remembers the beginning of Rotaract
Fifty years ago, the Rotaract club of Bombay was started at Siddharth, to catch youngsters and shape them and encourage them to develop leadership skills. Dr. Mangaldas Shah was the first to start a Rotaract in the city. Club members comprised of students from 20 different colleges. The Rotaract was ahead of the Rotary in terms of gender as there was no gender discrimination and women were allowed to participate way back in 1968 while Rotary began the same only in 1989. Students participated in community service areas including JJ Hospital, eye camps at Yusuf Meher Ali Centre at Tara Village, Sutar Pakhadi Diwali celebration, Fellowship, Teacher’s day. The RCB Rotarians played a key role in shaping Rotaractors. Rtn. Bharat Merchant appealed to Rotarians to support, encourage and groom Rotaractors of today. He reminded all, not only are they the future of the country but also of the Rotary movement itself.