Law and National Development

Lincoln’s Inn Memorial Lecture

29/Aug/2008 : Kuala Lumpur

“Access to Justice to all

has to be the mission.”

I am delighted and thankful for being invited to give the Lincoln’s Inn Memorial Lecture.
My greetings to all the distinguished members assembled here. That reminds me of the
Inns in London during the 14th Century which provided all that was needed for practice
at the Bar. There were chambers to live and work; a hall to eat and drink; a chapel or
church to pray and a library. Thus, a conducive environment was enabled for the legal
and judiciary community. This led to creation of thinkers in various issues linked to
humanity.

What a phenomenal transformation that has taken place in the society in the intermediate
centuries, as we see now! Science and Technology has revolutionized our ways of life,
transportation, communication, healthcare, education delivery and in general human
advancement. At the same time, every thing about humanity, we cannot be proud of:
Abundance and abysmal poverty co-exist. There are people who do not earn even the
minimum for subsistence, there are atrocities on women and there are many social evils,
like corruption, still evading permanent eradication. While nations are working to
improve the lot of people and leap frog in development, there are forces at work to
impede by way of extremism and terrorism. Law is about preserving the values,
understand the lessons from the past and build a strong foundation for the development
and growth of a nation giving due respect to the freedom of the individuals without
infringing on other’s freedom, perform one’s duties and responsibilities. Society has to be
dynamic to make progress and prepare itself for the challenges of the future. In a
democratic society the legal system provides the basis to deal with human beings in a fair
and objective way. With this background, when I am with you, I would like to talk on the
topic “Law and National Development”.

Evolution of Legal System

Legal systems have evolved over time, in nations often referring to practices followed in
other countries also. When they originated, the nations were not as connected as today
within themselves and with others. Certain laws and principle governing international
activities have also been evolved. The technology has made possible globalization of
many activities. Multinational companies have percolated the whole world. People of
multi cultures contributing to nations have become normal rather than exception. The
technology growth is making possible newer areas to emerge as challenging proposition
to legal community. The vision of legal community for the 21st century is to aid the
dynamic development process with a close interaction with Science and Technology with
an ethical approach. Let me give an example of a humanitarian activity in my country.
Emergency Management and Research Institute (EMRI)

In India, we have started a unique programme from the year 2005 which I would like to
share with you. This single action has an impact on a billion lives. Everyday, every-hour,
every-minute and every-second, some kind of emergency is occurring. This could be
Medical, Police or Fire related. This organization is called EMRI – Emergency
Management and Research Institute. This programme started as a corporate social
responsibility, of a private enterprise three years ago. It began with the state of Andhra
Pradesh, having a population of 80 million people. In Andhra Pradesh it covers an area of
2,75,000 square kilometers and with 652 ambulances. There is a Emergency Response
Center located in Hyderabad which receives around 62,000 calls per day out of which
7,000 calls are effective emergency calls in the toll free number 108. As soon as a call is
received, ambulance departs within 60 seconds and reaches the site of emergency in an
average of 14 minutes if it is an urban area, or 25 minutes in the rural area. A Minimum
of 100 qualified professionals are in the control centre attending to the calls received
from a toll free number 108 at any point in time. They help control the movement of
ambulances with emergency management technicians under the guidance of Emergency
Response Center (ERC) Physician as required. The ambulances are equipped with
complete life supporting systems and experienced para-medical staff. They ensure that all
the vital parameters of the patient are improved and provide pre-hospital care under the
direction of experienced doctors stationed at the ERC. It is a pride that this movement is
today across 10 states of my country covering approximately 400 million people.
The 108 Ambulance movement has become a friend to all the rural and urban citizens of
the states that they are operated in. In the three years, EMRI has touched 2 million lives
and has saved over 40,000 lives. Our mission is to spread EMRI system to the entire
country with a target of saving over one million lives annually by 2010. EMRI is a
modern service with high-tech communication system, GPS system, interlinked network
with well maintained ambulance system, always waiting to deal with any emergency
occurring at any point in the state. India would definitely be willing to become a partner
in training, development and operation, if needed in this life saving mission. There are
many legal issues connected particularly with accident related emergencies and self
inflicted injuries which require to be addressed and sorted out through appropriate laws
so that the life saving mission does not lead to a unnecessary legal battle and a well
meaning volunteer is not subjected to any legal ordeal.

The above example shows any developmental mission is multi-disciplinary with legal
system playing a crucial role. Our mission in every nation is to accelerate developmental
process. Now I would like to share with you certain ideas based on my experience about
the linkages of many disciplines with the legal system which have direct connection to
the development and growth of any nation.

Judiciary and Linkages

I have studied the judiciary and legal process in my country. Every citizen wants purity in
the system. As you are aware, there are several interfaces in the total system. They are:
1. Political Leaders
2. Law makers – MPs and MLAs
3. Citizens
4. Administration (Public & Private)
5. Police
6. Scientist & Technologist
7. Lawyers and Law School
8. Judges – Supreme Court, High court, District courts
9. Media

Every interface has to work with a common vision of the development mandate for the
country. It has to be transparent and pure; then only an integrated solution with a
development focus will emanate. Many of the real life problems are complex, but the
common goal of national development can provide appropriate timely solution. I would
like to explain how every system has to function for a common purpose with integrity.

1. Political leaders
Political leaders should set an example for the civil society with a vision for the nation
and engaging in development politics. There is a need for the political leaders to respect
the law and ensure that the processes of power is not used to circumvent the law of the
land.
2. Law makers
There is a need to simplify the Law, discard irrelevant and old Acts with a certain
periodicity. Make the system in such a way the dispensation of justice takes place fast and
fair. Our education system should promote legal literacy through formal and informal
mechanisms particularly for the rural community.
3. Citizens
Citizen should have respect for others’ rights and also attempt to use the legal system for
good purposes and not for petty, selfish ends or for power politics.
4. Administration
The Administration should be responsive, proactive and also innovative to keep pace with
contemporary changes and expectations. Administrator should use technology like e-
governance to give fast decisions in all respects.
5.Police
Police system should function in a way that good citizens will have faith and nothing to
be afraid of. They should not succumb to any external pressures in delivery of justice.
They should protect honest officials in discharging the duties. Police personnel should be
facilitated with perks and remuneration consistent with their performance expectations.
6.Scientist and Technologist
Scientist and technologist have to be partners with the legal community and evolve legal
frameworks for introduction of new technology in the system, so that the judiciary is able
to administer justice with speed using the benefits of technology and also ensure that the
technologies are used keeping the ethical values and principles in mind. In emerging
technologies the legal frame work must be developed without time lag while the
technology itself is developing.
7. Lawyers
Legal profession is not a mere business but it has the responsibility to unfold truth.
Therefore they should abide by the principles of professional ethics. Law school should
engender such values at the beginning and senior Lawyers should become role models for
the youth.
8. Judges – Supreme Court, High Courts, District courts
Make truth prevail irrespective of the level of the stature of the affected parties. Speed of
delivery of justice is crucial for the citizens. Create a mechanism for handling of societal
crimes. Courts have a tendency to give the benefit of doubt to the accused purely due to
technical reasons of law. Here, I am reminded of the statement of the famous Indian
Lawyer Nani Palkivala, who said “law is somewhere and justice is somewhere else”.
9. Media
Media should remain vigilant and pro-active. However, they should apply adequate
caution not to pre-judge issues or sacrifice truth for sensation. A synchronized working of
all the nine constituents with national development and human welfare as focus will lead
to a happy society.

Now I would like to present technology, development and the law.

Multi Dimensions of Technology

Technology has multiple dimensions. It can bring great welfare; if misused it can result in
disasters. It can be treated in a protective manner for reasons of competition or geo-
politics, limiting its benefit. For example, the developments in chemical engineering
brought fertilizers for higher yield of crops while the same science led to chemical
weapons. Likewise, rocket technology developed for atmospheric research helped in
launching satellites for remote sensing and communication applications which are vital
for the economic development. The same technology led to development of missiles with
specific defence needs that provide security for the nation.
The aviation technology development has led to fighter and bomber aircraft, and the same
technology has transformed passenger traffic and helped operations requiring quick reach
of support to people affected by disasters. When nuclear science was born in India in
1950s, in two decades India got nuclear medicine, nuclear irradiation for preservation and
multiplication of improved varieties of agricultural products, nuclear power and much
later weapons. Similarly in the case of science of virology, it is predominantly used for
anti virus vaccines, but some may use the same science for generating virus for biological
warfare. It is essential as in the case of Chemical Weapons Convention (CWC), a treaty
has to be in place for the elimination of biological weapons.

Since the entire world is moving towards a digital economy, let us see some of the topical
issues associated with Cyber Systems.

Cyber Law
Cyber law is an area where many advances are continuously taking place at a fast pace. I
would like to cite a few examples.
Now-a-days nations have electronically connected all their economic, defense and
national security establishments which will be the target for cyber attacks during a
conflict or to create instabilities. In the present law, for example, the jurisdiction will
correspond to the location where the crime is committed and where the damage occurs -
very often both being the same location. Whereas in the digital world, the crime may
originate from a strange place even outside nation’s shores and may damage
organizational wealth which will be in the digital form in multiple locations. In the world
of cyber crimes, the distinction between fun and crime, accidental and premeditated
offences and even indirect and insinuated crimes become blurred. In such situations, the
judges, the lawyers, the police and the law officers should be trained to be aware of such
possibilities of technology centric crime much the same way they have been trained to
understand crime in the physical world. In the absence of such awareness programme, a
country can be defeated even without a missile or aircraft attack just through intelligent
cyber war.
Hence it is essential to generate a simulation model of the connected economic and
defense security system as a cyber / electronic network. This will reveal the need for the
evolution of a new policy with redundancy and restriction of external connectivity and
external partnership of certain vital establishments. Since the financial system is and will
be connected to world economic institutions, each country has to implement a robust
encryption system for all transactions through a national encryption policy. In addition
cyber laws have also to be derived based on the Information Security standards.
However when a block of countries wage a war against another block, relevance and
validity of these standards has to be reviewed leading to the evolution of a new standard.
In the globalized economy we have to strike a sound balance between protection of
national interest and international partnerships. Another fast moving technological area is
Life Sciences which needs a close interaction between legal and scientific community for
evolving suitable modification to the existing laws.

Life Sciences and Laws

As you are aware, new technologies like nano-technology, bio-technology and

information technology are arising. These technologies are also converging as a triad bio-
nano-info leading to nano robots. Nano robots when they are injected on a patient, my
expert friends say, will deliver the treatment exclusively in the diseased area and then get
digested as it is DNA based.
Laws related to such medical areas are about evolving moral code and for ensuring safety
of human lives to prevent un-authorized and unethical systems and practices. Also in the
medical area, we are finding increasing application of stem-cells as a curative process. In
this area ethics are involved in the use of embryonic cells which have been found to be
extremely efficient in curing certain diseases. This issue needs a careful study by legal,
social organizations and medical community jointly for enacting appropriate laws.

During one of the discussions, a question came, what is my view on human cloning. I
said, human cloning should not be done. The human being of today is the result of
millions of years of genetic engineering and the evolution particularly of the human
minds; hence I believe human cloning should not be done. However, cloning of human
components such as eye, liver, pancreas etc. can take place. Here the law has to be
evolved after visualizing the dynamics of cloning on the components and its impact on
the society.

Human genome project – ethical issues

Human genome project has led to the mapping of gene sequence of the human population
across the globe. This will be the starting point for many overlapping discoveries of bio-
medical innovations for many decades to come. The function of each of the 40,000 genes
indeed will lead to the understanding of every aspect of our life. Proteomic research in
characterization of genes is taking shape. It may even lead to tailor-made medical
treatment to suit the person’s genetic make up diminishing the problem of unwanted drug
side effects. In our traditional holistic healing system, the same medicine is not given to
two different individuals having same disease. Custom built medicine is required looking
at the Prakriti (nature) of the individual. Further discovery may even lead to fine tuning
of human evolution. But one of the big concerns is the legal ownership of the human
genome. The conflict has to be resolved nationally and internationally.

The typical questions which come to our mind are the following: Who is the owner of the
results of the human genome projects and the results of the proteomics research? Who
should have access to personal genetic information, and how will it be used? Who owns
and controls genetic information? How will genetic tests be evaluated and regulated for
accuracy, reliability, and utility? Should parents have the right to have their minor
children tested for adult-onset diseases? Are genetic tests reliable and interpretable by
the medical community? How do we as a society balance current scientific limitations
and social risks with long-term benefits? These issues concern the people of many parts
of the world. The judiciary community and political system of many countries should
work together to evolve a methodology for development of this technology without
violation of human rights.

Science and Technology and legal community

A number of benefits have accrued to the legal community itself due to the growth of
Science and Technology. The computerized legal proceedings and record keeping today
allow much better communication and referrals. Tele-legal activities have also found to
be beneficial. Legal communities can also put their own demands on technology. In India
use of ICT in the judicial system has started reducing the pendency of court cases. One
issue bothering the society today is application of video evidence and possible doctoring
of the same to be accepted as a valid exhibit. Scientists and technologists have to find
methods by which the possibility of tailored evidence is eliminated.

Conclusion

The norms of law and justice have to be meaningfully visible and dynamic as social and
scientific developments of today outdate those of yesterday. Law cannot remain insulated
from reality and it cannot be shackled to what had been ordained decades ago.
Realization of social, scientific and economic reality that is ever changing in humanity
has to be properly recognized and the scope of jurisprudence widened, accelerated and
upgraded accordingly. Law has to be dynamic. Legal research has to be an important
activity for preparing the system for facing future challenges.
Every society has laws in one form or the other. The ultimate aim of all laws is to ensure
that every individual gets what is rightful and righteous share in all fields of human
existence. Denial of that right would amount to negation of the very logic of civilized
existence and as such it is imperative that such justice should be available speedily,
efficiently and without having to sweat it out.
My best wishes to all the members of Lincoln’s Inn and other participants for success in
their mission of evolving and implementing a legal system for accelerating the
development of the nation in a dynamic scientific and technological environment.

May God bless you.

Dr. APJ Abdul Kalam,

29.08.2008