Misinterpreting Dharma, Ex Judge Kurian wants to remove ‘Yato Dharmastato Jayah’ from SC motto.

‘Dharma Is Not Truth, The Constitution Is’, Former SC Judge Bats For Removal Of Hindu Shloka ‘यतो धर्मस्ततो जयः’ as the motto of the apex court. 

Justice Kurian Joseph

Upendra Bharti | HENB | New Delhi | Feb 28, 2024:: The cat is now out of the bag. Ex Supreme Court  Judge Kurian Joseph J opposed the apex court’s motto: “यतो धर्मस्ततो जयः” reflecting his anti-Hindu and injudicious mind-set.

A former judge of the Supreme Court, Justice Kurian Joseph, has recently stated that the Supreme Court’s motto “यतो धर्मस्ततो जयः” (Yato Dharmastato Jayah- Where there is Dharma-righteousness, there is victory) should be removed.

Now, it is obvious that the retired supreme court judge rendered his service in his tenure with an antagonistic attitude to the motto of Supreme Court  with an utter dissatisfaction.

Kurian pointed out that Dharma, as stipulated in the Hindu fold, is not always the truth and therefore, does not deserve to be the motto of the Constitution of India. “The truth is the Constitution, Dharma – not always”.

Actually, Justice Kurian failed to get the essence of Dharma which is pure ‘righteousness’ and subtle principles of ‘Humanity’ unfolded in highest philanthropy. Otherwise it is understood that the former Judge bears an anti-Hindu attitude with a injudicious mindset.

According to Manu Smriti (6.92) Dharma is defined with its ten attributes as, “धृति: क्षमा दमोऽस्‍तेयं शौचमिन्‍द्रियनिग्रह:।धीर्विद्या सत्‍यमक्रोधो दशकं धर्मलक्षणम्‌।।” (मनुस्‍मृति ६.९२). So, (1) Steadiness (2) Forgiveness, (3) Self-control, (4) Abstention from unrighteous appropriation, (5) Purity, (6) Control of the Sense-organs, (7) Discrimination, (8) Knowledge, (9) Truthfulness, and (10) Absence of anger,—these are the ten-fold forms of duty as Dharma.

In Yagyavalk Smriti (1.122) the nine signs of Dharma have been mentioned as, “अहिंसा सत्‍यमस्‍तेयं शौचमिन्‍द्रियनिग्रह:।दानं दमो दया शान्‍ति: सर्वेषां धर्मसाधनम्‌।।” (याज्ञवल्क्य स्मृति १.१२२), where Truth comes in second place just after non-violence.

In Bhagavt Puran, there are 30 signs of Dharma in 7th canto (सप्तम स्कन्ध), where Truth is mentioned as the first sign of Dharma as ,”सत्यं दया तप: शौचं तितिक्षेक्षा शमो दम:।अहिंसा ब्रह्मचर्यं च त्याग: स्वाध्याय आर्जवम्।।…….”

Now,  it is oblivious how Justice Kurian has reached to an insane height that “Dharma is not Truth”.

With his ultra secular mindset Justice Kurian may have developed an anti-Hindu psychology with his urban-naxal friend circles.

Kurian pointed out that when all High Courts across the country have adopted the motto “सत्यमेव जयते” (Satyameva Jayate-Truth alone triumphs), there is no reason why the Supreme Court has chosen to keep the Dharmic notion, which is but a set of duties depends upon situation.

In a series of statements he made while speaking at an event organised by Live Law and a controversial website “The Wire”, Justice Joseph’s objections to the Shloka that appears in the revered epic of the Hindus, the Mahabharata are telling, especially because of his earlier comparison of the Catholic Church with the Preamble. He was speaking on the topic “Supreme Court administration and management- Issues and concerns”
While pushing for the removal of the motto, the former judge who retired from the top court in 2018 said that the Chief Justice of India must consider the idea of its removal as the adoption of a Hindu shloka such as this, makes a huge difference in the approach of the Supreme Court in justice delivery.

Such attitude of Justice Kurian has been condemned by many with no exception.

Hindu interlocutor and Hindu Existence Website Editor, Upananda Brahmachari criticized such anti-Hindu propaganda by an ex-Judge of Supreme Court of India in an very inappropriate manner.

Taking his X handle, Brahmacahri wrote, “Shocking that such anti-Hindu and injudicious minded person like Kurian Joseph once adorned a seat in the Supreme Court. He doesn’t know the real meaning of “यतो धर्मस्ततो जयः”. Dharma is Righteousness and the principle of Humanity in all philanthropy.“

In the related tweet, Brahmachari added, “Justice Kurian just started a row to deny & defy the Sanatan Truth accepted by most Orgs & Authorities. This mentality will try to remove, योगक्षेमम् वहाम्यहम् from LICI, विद्यया अमृतमश्नुते from NCERT, धर्मो रक्षति रक्षितः from RAW, सत्‍यं शिवं सुन्दरम् from DD & so on.“

Talking to HENB

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__Inputs from LawBeat.