UNI

New Delhi, Nov 2: President A P J Abdul Kalam has stressed a "leadership with nobility," pointing out that "a nation fails... because of an increase in decision-makers with small minds."

Delivering the 12th Justice Sunanda Bhandare Memorial Lecture on Wednesday, Dr Kalam said, '' The national challenges call for leadership in every walk of life where the individuals rise above themselves to fulfil the responsibilities.'' ''Our society is going through a unique dynamics where the impacts are felt due to the shortage of leadership with nobility,'' he said in lecture titled: 'Judiciary and its multi-dimensions'.

President Dr Kalam went on: "It is said that a nation fails not because of economic progress but because of an increase in decision makers with small minds.'' Dr Kalam's address highlighted new areas of disputes-- such as human gene mapping activity or digital offences-- before a Judicial community still grappling with basics of ethics, accountability, transparency, shortage of professional and proficient manpower compounded by vacancies.

The annual event to commemorate a woman Judge remembered by fellow judges for her ''human approach'' and commitment to gender justice and dignity of the weaker sections was attended by Chief Justice Y K Sabharwal and many members of the Bench and Bar.

Justice Sabharwal, who was chief guest, cited personal recollections about Justice Bhandare who became a Delhi High Court Judge at 41, and would have become the Chief Justice ''instead of me,'' had she not died at 52.

Dr Kalam said, ''As the dynamic judicial system is catching up with societal and technological evolution, the citizens of India look up to this institution with hope as the ultimate protector of human rights and the final resort for dispensation of justice.

"The unflinching hope the nation cherishes and looks forward to, is the judiciary with its excellence and impeccable integrity,'' he said, adding that ''we should do everything to make the judicial system succeed''.

"This casts a very heavy responsibility on the entire judicial system and participating institutions to live up to the expectations reposed in it and to maintain the sacred aura attached to it unsullied. Qualities of honesty and integrity are synonymous with each member of the judicial system.

He spoke appreciatively of the Right to Information Act as an instrument that ''will... make India a highly participative democracy'' as well as landmark judgements on environment and efforts at Mobile Legal Aid and Lok Adalat, Mediation and Potential of e-Judiciary.

He also cited an experiment Towards a Conflict Free Society being carried out in Chitrakoot, Madhya Pradesh by a group called Deendayal Research Institute headed by nonagenarian Nanaji Deshmukh. ''I understand that the eighty villages around Chitrakoot are almost litigation free. The villagers have unanimously decided that no dispute will find its way to court. The differences will be sorted out amicably in the village itself.'' He said Deshmukh's reasoning: If the people fight among each other, they have no time for development.

"I consider that this model may be propagated in many parts of the country by societal organisations, judicial organisations and government. Mediators and Conciliators may facilitate such an action.'' On cyber networking in a borderless world, he said, ''Our judicial system has to build its capacity to define jurisdictions in a way that any crime committed against India or her assets by anyone from anywhere shall be punishable by Indian law.

"It may be true for other countries also. The Government with judicial community should formulate progressive and innovative crime prevention methods for the digital economy which is one of the vital components of a developed nation.''

On new priorities, Dr Kalam said with Indian corporate now transforming into multinationals, ''We need experts both in bar and judiciary who can effectively deal with the legal systems of multiple nations and protect the interest of our companies who are carrying out business and trade with these countries. Every nation has their own law to protect their wealth and knowledge.''

Dr Kalam pointed to a growing concern over the legal ownership of the human genome-- which involves functional mapping of each of the 40,000 genes and may some day throw up tailor-made treatment to suit patients genetic make up, curbing unwanted side effects.

"One of the big concerns is the legal ownership of the human genome. The conflict has to be resolved nationally and internationally,'' Dr Kalam told audience.

He listed several questions that arise: - Who owns the results of the human genome projects and the results of the proteomics- protein-related-- 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 risk with long-term benefits? He suggesting initiating proteomics studies of the Indian population, saying it could lead to Pharma research and wealth generation.

"At the same time bio-ethical legal and social issues should be studied as a part of this programme. The legal and judiciary community assembled here may like to study this problem and come up with the legal framework for the country.'' Dr Kalam reminded that economically developed status alone has not brought happy societal life in real sense in many countries.

"That means India while working on mission mode for economic development should also build the values based on our civilisational heritage in the evolution of our society.'' ''Perhaps what we are today, perhaps what we enjoy today, is almost entirely due to glorious past which very few nations in the present day world can be proud of.

"But then, it is one thing to have such a past and pride yourself about it; but it is entirely another to live up to it and to enrich it further so that posterity will have every reason and justification to be proud of us as we are of our past.

"What is required now is a constant, positive push to inculcate in each one of us the ideals that are essential for building up a brilliant future that would truly be a logical extension of the brilliant past.''