By Justice Markandey Katju-
(Justice Markandey Katju is a former Judge, Supreme Court of India, and former Chairman of Press Council of India. The views expressed are his own)
A 31 year old lady doctor was raped and killed in RG Kar Hospital, Kolkata, consequent to which the doctors and nurses of the hospital, and in other parts of the country, held massive protests.
https://www.indiatoday.in/india/story/kolkata-doctor-rape-murder-timeline-of-events-west-bengal-kg-kar-hospital-2581236-2024-08-12
Many people have blamed the TMC government for this horrible event.
As a counter blast, mobs, allegedly of TMC workers, went on a rampage at RG Kar Hospital, Kolkata against the protesting doctors, who are now hiding for their lives.
The police turned a Nelson’s eye to this vandalism.
It seems that ‘matsya nyaya’ now prevails in West Bengal. What is ‘matsya nyaya’? Let me explain.
Our ancient thinkers were of the view that the worst state of affairs possible in society is a state of lawlessness. When the rule of law collapses, it is replaced by ‘matsya nyaya’, which means the law of the jungle.
In Sanskrit the word ‘matsya’ means fish, and ‘matsya nyaya’ means the state of affairs when the big fish devours the smaller one. All our ancient thinkers have condemned ‘matsya nyaya’ (see ‘History of the Dharmashastras’ by P.V. Kane, Volume 3 page 21).
This idea of ‘matsya nyaya’ (the maxim of the larger fish devouring the smaller ones or the strong despoiling the weak) was frequently dwelt upon by Kautilya, the Mahabharata, and other works. It can be traced back to the Shatapath Brahman (Chapter 11,1.6.24) where it is said: “Whenever there is drought then the stronger seizes upon the weaker, for the waters are the law.” Which means that when there is no rain the reign of law comes to an end, and ‘matsya nyaya’ begins to operate.
Kautilya says, “If danda be not employed, it gives rise to the condition of ‘matsya nyaya’, for in the absence of a chastiser the strong devour the weak.” That in the absence of a king (arajaka) or when there is no fear of punishment the condition of matsyanyaya follows has been declared by several works e.g. Ramayana,( Chapter 67), Shantiparva of Mahabharata, (15.30 and 67.16), Kamandaka (@.40), Matsyapurana (225.9), Manasollasa ( 2.20.1295), etc.
Thus in the Shantiparva of Mahabharata it is stated: “Raja chenna bhavelloke prithivyaam dandadharaka Shoole matsyanivapakshyan durbalaat balvattarah.” Which means: “When the king carrying the rod of punishment does not protect the earth, then the strong persons destroy the weaker ones, just like in water the big fish eat the smaller ones.”
In the Shantiparva of Mahabharata Bheeshma Pitamah tells Yudhishthir that there is nothing worse in the world than lawlessness, for in a state of matsya nyaya nobody, not even the evil doers, are safe, for even the evil doers will sooner or later be swallowed up by other evil doers.
It seems that law and order has collapsed in West Bengal, matsya nyaya has set in, and goons, whether of the TMC or of the BJP, are calling the shots in the state, like thugs and pindaris in the reign of the later Mughals.
https://justicekatju.com/the-days-of-the-later-mughals-have-come-again-in-india-459c325d315b
God help West Bengal!
