S. Rajarathinam Vs Secretary to Government, Home Department, Government of Tamil Nadu

@JUDGMENTTAG-ORDER

Mr. R. Mahadevan, J.—This writ petitioner, urging a personal cause has aroused a noble thought by seeking a writ of Mandamus to modify the syllabus in the schools for students between VI to XII Standard so as to ensure that they are acquainted and taught thoroughly with all the 1,330 couplets of Thirukkural so as to mould them morally sound.

2. The contention of the writ petitioner, a retired Government Official, is that in the recent times, the moral values have declined in the society. That apart, the general behaviour among youngesters in the society is lacking in moral values, like, decency, respect to elders and others, hospitality, politeness, etc. The Courts being faced with increasing number of juvenile crimes, matrimonial disputes, increasing number of old age homes, etc. signify the decline in family values among people. As a senior citizen, he has come across various facets of life. As such, the present scenario is causing severe pain and agony to him. Since personally affected, he claims it unsafe to travel because of the threats of robbery and attack on senior citizens. Gone are the days where even a stranger would be given shelter and food, nowadays citizens, especially seniors are afraid to open the doors to any unknown person.

3. The petitioner claims that the number of cases in which Juveniles were arrested in 2011, is 2083 cases, out of which 1170 are from primary education, 617 are above primary and below matric/higher secondary, 56 above higher secondary and 240 are illiterates. It is the need of the day to inculcate into them moral values and ethics by way of education. One way of bringing about this change is by making them follow the principles in Thirukkural. Thirukkural is an ever relevant piece of literature authored by the great saint Thiruvalluvar. The noble scripture has emphasised on moral values and ethical codes that are indispensable for people in their private and public lives. The philosophies propounded in Thirukkural are idealistic in nature and are relevant to all people irrespective of differences in cultures, religions, nationalities and the like. The petitioner has also sent representations dated 26.03.2015 and 23.06.2015 to the respondents addressing his request. Under the above circumstances, the above writ petition has been filed seeking a direction to modify the syllabus for school students.

4. Initially, the 3rd and 4th respondents were not parties to the writ petition. However, a petition to implead them was filed by the petitioner and the same was allowed on 20.07.2015.

5. Per contra, the 3rd respondent has agreeing with the value of the precepts in Thirukkural has contended in his counter that it is already being taught in schools for the students between III to XII Standard. Apart from Thirukkural, Mahabaradham, Agananooru, Purananooru, Aathisoodi, Silapathigaram, Kambaramayananam, Manimegalai, etc are also in the disciplined and cultured manner. The syllabus is framed by the experts of the education department after consideration of socio-economic and cultural values of Thirukkural and selected couplets are included in the syllabus at suitable places so as to not overburden the students.

6. It was also contended that in pursuance of the Tamil Learning Act, 2006, the tamil language was made a compulsory subject and has been put into effect in a phased manner in State Board of Education. Further, from 2015-16, Tamil has been made a compulsory subject in the schools other than State Board of Education and the same is again being implemented in a phased manner to teach valuable and best literary works in Tamil language to the students of various classes.

7. It was pointed out that about 275 couplets are taught to students between III to XII Standard. It was also contended that there is no vested right with the petitioner to seek such a relief and there is no duty on the state to accede to the request made by the petitioner and hence under the above circumstances, the writ petition was sought to be dismissed.

8. Heard both sides and perused the materials available on record.

9. The learned Counsel for the petitioner painstakingly pointed out the personal as well as the other reasons for the filing of the writ petition contended that it is the duty of the state to protect the citizens and take steps to protect their rights and welfare guaranteed by the Constitution. The Counsel also contended that the Government of Tamil Nadu vide its G.O.(Ms) No. 145 dated 18.09.2014, has made Tamil a compulsory subject in all schools within the State from classes I to X with the intention to promote the language. But, the mere imposition of a language without making Thirukkural study compulsory would not serve the purpose of making the language compulsory.

10. The learned Counsel also contended that all the aspects of the life is covered by Thirukkural unlike other philosophical works which are now part of the syllabus. He further contended that Thirukkural has been accepted to be universally applicable to everyday life to every sphere and has been translated in more than 90 languages, third only to the Holy Bible and Holy Quran. The counsel also contended that the teachings in Thirukkural are so global that they are now taught in various foreign lands.

11. The learned Counsel for the petitioner, whose efforts are laudable has also produced articles on Thirukkural to emphasise the universal acceptance, relevancy in everyday life and futuristic perspective. The counsel has also filed a compilation of Thirukkural on education, discipline, hospitality, gratitude and governance. The counsel for the petitioner further relying upon the statistics of crimes has contended that though several steps are being taken by the state Government to propagate Thirukkural, the requirement of the hour is to include them as a compulsory subject in the syllabus as reformation in the society is possible only by way of educating the teachings of Thirukkural to the young children, who would in future become the pillars of the society. Hence, under the above circumstances, the learned Counsel for the petitioner sought for appropriate directions in this regard to the concerned departments.

12. Per contra, the learned Special Government Pleader appearing for the respondents, contended that the writ petition is not maintainable as the petitioner cannot seek such a direction and there is no duty on the state to consider his request. Further, the counsel also contended that the framing of syllabus is the prerogative of the state and the same cannot be dictated or controlled.

13. The learned Special Government Pleader also pointed out from the counter that about 275 couplets are now part of syllabus and other philosophical and literary works which impart moral education are already part of curriculum and hence reframing the syllabus to include all the couplets as a separate subject would be a burden on the students. It was also contended that besides academic subjects, moral instructions is also included in the subject for all the standards. It was also contend that several competitions are held by the state to propagate Thirukkural and hence no further directions are necessary and sought the dismissal of the writ petition.

14. After hearing both the parties, this Court narrows down the issues as follows:

(i) Whether the petitioner has a right to seek such a relief ?

(ii) Whether the state is under any obligation to streamline the syllabus by including Thirukkural under the compelling circumstances?

(iii) Whether the direction sought for can be issued?

15. Considering the nature of the claims and the rival contentions, this Court is of the view that the first two issues can be taken up together.

Issue Nos.(i) and (ii):

16. The bone of contention of the respondent is that the writ petition is not maintainable as neither the petitioner has a right to seek such a relief nor is the state obligated to consider the same. Further, it was also contended that policy decisions cannot be the subject matter of writ petitions. The counsel for the petitioner has resisted the objections on the ground that it is the duty of the state to protect the citizens and safe guard their rights.

17. In democracy like ours, Constitution is supreme. In the phrase of Abraham Lincoln, democracy is a Government "of the people, by the people, and for the people." It is a process by which the citizens participate in the administration by electing people. The soul of democracy is to create a welfare state with participation from the people. The freedom and liberty under democracy are far fetched in comparison to other forms of Government. But it cannot be used to thwart the very system itself. The right and liberty cannot be used to divide the country but rather to unite and strengthen the country. What was meant to create cannot be used as a tool to destroy. A word of caution is always necessary. After independence, the administration at the central as well as in states have undergone a sea of change. The scope of participation is now not only limited to mere election, but also can now be agitated by way of addressing communications to grievance cells at various levels for the enforcement of the fundamental and all rights guaranteed under the Constitution and also to ensure that the states do not transgress the Articles of the Constitution governing the Directive Principles of state policy.

18. The petitioner herein has sought an issuance of a writ of mandamus seeking to protect his right to live in an orderly state. What is alleged by the petitioner is that the offences in the state has increased to manifold rendering it difficult to live with all the fundamental rights guaranteed under the Constitution.

19. Our Constitution has witnessed certain remarkable and progressing changes. Whenever, the states fell short to protect the rights, the amendments have been made without affecting but strengthening the basic features of the Constitution. The Articles in Part III clearly demonstrates that the state has a duty to ensure that the fundamental rights which are guaranteed to the citizens are preserved. Article 13 mandates that not only there can�t be a law framed by the state against the fundamental rights but the policy decisions also cannot be against the fundamental rights, which is inbuilt under Article 13. The Judicial Review of a policy decision though limited is not taken away completely. The various Articles, guaranteeing the fundamental rights enshrined in our Constitution are inter-linked with Article 21 being the heart and soul of it.

20. From the judgments reported in AIR 1963 SC 1295, 1981 AIR 746 SC, 1984 AIR 802 SC, 1996 SCC (1) 490, 1983 AIR 109,1986 AIR 180 SC,1995 SCC Supl. (3) 456, (1990) 1 SCC 520, 1996( 2 )SCC 549, 1992 AIR 573,1996 SCC (1) 742, it can be culled out that the Fundamental rights guaranteed under the Constitution includes the right to live in peace and harmony, right to live with dignity, protection against sexual abuse, right to good health, right to fair opportunity, equality, right to livelihood, food, shelter, right to wellness of his family, social protection, education, medical care, etc. In all, it is the duty of the state to create a welfare state where the basic rights that are required to live are preserved and each individual is encouraged to develop himself as a human being.

21. Our Constitution itself has cast a moral duty of the citizens under Part IV-A of the Constitution. The fundamental duties enshrined in the Constitution mandates amongst other thing that every citizen of the country shall thrive to promote humanity, harmony, reform, create a common brotherhood, protect the dignity of the woman. It also mandates that it is the duty of the parent or the guardian to educate their children. In short, it spells out the obligations of the citizens to the country and the society.

22. Every citizen of the country must act in a way to preserve the social order. Another important aspect of the fundamental duty is to preserve the integrity of the country. Society is nothing without individuals. By an individual act, the integrity of the country can be shattered. So can an individual act save the face of the country. Therefore, it is the fundamental duty of every citizen to ensure that the fundamental right of the other citizens are not violated. Though no punishment can be given under the Constitution for not performing their duties, other penal legislations have been enacted by the state, which directly or indirectly is connected with the fundamental rights and duties.

23. The petitioner in the present case has approached this Court to not only protect his fundamental right to life, but has also exercised his duty as a dutiful citizen of this country by seeking what we may call a noble remedy to the problem on hand and that is a change in the "Education system" by including Thirukkural, which is nothing but an incomparable, riveting work by the immortal Thiruvalluvar, a prince among the many scholars of moral jurisprudence. To quote the great philosopher himself :

"Couplet 423:

vg;bghUs; ahh;ahh;tha;f; nfl;gpDk; mg;bghUs;

Though things diverse from divers sages'' lips we learn,

''Tis wisdom''s part in each the true thing to discern

Explanation:

To discern the truth in everything, by whomsoever spoken, is wisdom.

24. It could be safely said, the concept for public interest was waylaid by him even before advent of the English language. The petitioner in the present case, has made specific allegations regarding his rights under the Constitution and the apprehensions on the strength of the order of the society. Hence, the writ petitioner is entitled to seek the relief sought here.

25. As the great Greek Philosopher Aristotle put it "Man is by nature a social animal; an individual who is unsocial naturally and not accidentally is either beneath our notice or more than human. Society is something that precedes the individual. Anyone who either cannot lead the common life or is so self-sufficient as not to need to, and therefore does not partake of society, is either a beast or a god".

26. The role of the state though is the preservation of the fundamental rights of all the citizens, it cannot achieve the purpose without active participation and co-operation from the citizens. It not only involves in framing the policies or enacting laws for the protection of the fundamental rights, it also involves the execution of such laws, policies or orders. Of course, penal and corrective actions can be taken by the state to ensure that the fundamental right of one citizen is not affected by the another, but like the saying "prevention is better than cure", it is better to prevent an act which would create disorder and the principle of such means is by way of education.

27. As rightly pointed out by the counsel for the petitioner, the crimes against women, children and even the crimes by adolescents have increased to unimaginable extent. Also it is pertinent to point out that the numbers of matrimonial disputes have also increased considerably depicting once again the intolerant, dishonest and inhuman lifestyles. This Court, aghast and taking judicial note of many cases reported, wherein the young and adolescent boys and girls have been misled in their ideology on the moral principles by westernised thoughts, forgetting the cultural heritage of this country, which I am afraid are either done away or insufficient in the syllabus in schools. A crime is committed or a law is violated, when a person falls from morality. The word � person� must be treated synonymous with �state� in the present context. The purpose and object of punishment is reformation. Reformation is achieved when a man realizes his mistake. At times, the lacunae in reasoning could be root cause for the action of the individuals. As stated earlier, moral education at preliminary school level would be best method to bring about reformation in the society on the whole.

28. Article 21A and 24 specifically protects the right of children and has mandated the states to frame policy to provide education to children between the age of 6 to 14. Part IV of the Constitution deals with the directive principles of state policy. Though the Courts cannot directly enforce the fundamental rights directing the states to enact the law in a particular way, the Court can certainly interfere when the fundamental rights of the citizens are affected. Considering the gravity of the situation the Apex Court, directed the Union as well as state Governments to take policy decisions in the following cases to protect the fundamental rights of the citizens:

(i) 2001 Supp(4) SCR 650; (ii) 1987 AIR 990; (iii) [1984] 3 SCC 161, (iv) [1981] 1 SCC 246; (v) 1992 AIR 573; (vi) 1984 AIR 802 SC; (vii) [1964] 1 S.C.R. 332, (viii) 1996( 2 )SCC 549.

29. From the above judgments and the Articles in Part IV it is clear that the state is duty bound to protect the fundamental rights of the citizens. Articles 38, 39, 39A and 47, indisputably caste a duty on the state to promote social order, education, preserve equality, protect women, children and women and youth against moral and material abandonment, promote social justice, public health and standard of living. What is evident is that the direction in which the policy of the state must proceed is to preserve the fundamental rights.

30. The State cannot frame laws contrary to the fundamental rights, at the same time it has a duty to ensure that the laws framed and the policy decisions are directed towards protection of the fundamental rights. Though, no directions can generally be issued by the Court to the state in framing the policy decisions, the Court can however, interfere whenever, there is a threat or breach to the fundamental rights and issue directions. Under Article 226 of the Constitution of India, this Court has powers to issue appropriate directions or writs not only to protect the fundamental rights but also the Constitutional rights under the prevailing circumstances. This Court is consciously refraining to go into individual instances and references regarding statistics as the same have not been disputed by the counsel for the respondent.

31. It has been contended by the counsel for the respondent, that the syllabus already includes portions on moral science, selected couplets totalling to 275 and portions from Mahabaradham, Agananooru, Purananooru, Aathisoodi, Silapathigaram, Kambaramayananam, Manimegalai, etc have already been included and hence there is no necessity to include more couplets or introduce the Thirukkural as a separate division in subject. Including Thirukkural as a "Manapada pagudhi" (memorise and write) for the purpose of examinations is of no use. Thirukkural is something which has to be practised in an elobarate manner touching all its avenues and dimensions. It shows a way of life without religious affiliations. Hence, this Court is not in consonance with the contention of the learned Special Government Pleader appearing for the respondents. Considering the increasing crimes, it can only be termed that the steps taken by the state are insufficient to the need of the hour. The human mind does not accept change. More so, when change is expected from grown people, mounted with their own ideas on moral principles.

32. This Court, under the prevailing circumstances, is forced to quote, the famous quotes of renown philosophers as to enlighten the object of education:

Aristotle:

"Educating the mind without educating the heart is no education at all."

Chanakya:

"Education is the best friend. An educated person is respected everywhere. Education beats the beauty and the youth." "Moral excellence is an ornament for personal beauty;righteous conduct,for high birth; success for learning;and proper spending for wealth."

"Beauty is spoiled by an immoral nature; noble birth by bad conduct;learning, without being perfected; and wealth by not being properly utilised."

Nelson Mandela:

"Education is the most powerful weapon which you can use to change the world."

Martin Luther King Jr.:

"Intelligence plus character-that is the goal of true education."

C.S. Lewis:

"Education without values, as useful as it is, seems rather to make man a more clever devil."

Socrates:

"Education is the kindling of a flame, not the filling of a vessel."

Victor Hugo:

"He who opens a school door, closes a prison." Thomas Jefferson:

"I know no safe depository of the ultimate powers of the society but the people themselves ; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of Constitutional power."

George Washington:

"A primary object should be the education of our youth in the science of Government. In a republic, what species of knowledge can be equally important? And what duty more pressing than communicating it to those who are to be the future guardians of the liberties of the country?"

Swami Vivekananda:

"Educate and raise the masses, and thus alone a nation is possible."

"We want that education by which character is formed, strength of mind is increased, the intellect is expanded, and by which one can stand on one''s own feet."

33. Therefore, the best educational system for a nation would be the one where a humane mind is sprouted rather than a mere intelligent or money making machine. In the absence of virtues, howsoever successful be a man, his life is never satisfying.

34. The present education system in the country was introduced by Thomas Babington Macaulay, who said "We must at present do our best to form a class who may be interpreters between us and the millions whom we govern; a class of persons, Indian in blood and colour, but English in taste, in opinions, in morals, and in intellect. To that class we may leave it to refine the vernacular dialects of the country, to enrich those dialects with terms of science borrowed from the Western nomenclature, and to render them by degrees fit vehicles for conveying knowledge to the great mass of the population". Obviously, our own system which was much advanced, high on morals, though may not be uniform was lost. True in the sense, the English have gone, but the ideals and morals, if it may be called are now weeded into the society more so in the education system. Testing the current education system and resultant behaviour in the society, It could only be said that we are lacking in many aspects including morality. It is now pertinent to consider as to why, Thirukkural is to be preferred over other philosophies.

35. Thiruvallur, the great philosopher, visionary and saint who lived in Mylapore, Tamil Nadu has written these immortal couplets before 2000 years. It was a time, when the Christ was not born. It was a time, when there was no westerners or westernisation. It was a time, when there was no Britain. Still, he had the divine calling in him to foresee a situation, where the virtues of this land would be lost by westernised thoughts under the garb of individual rights, modernisation, solace in liquor, ethics, immoral relationships, etc forgetting the rich culture, heritage, wisdom, knowledge, wealth and other expertise associated with this land. Thirukkural covers the then four stages of life, namely Brahmacharya, Grihastha, Vanaprastha and sanyasa. Thiruvalluvar, in his pragmatic approach had in various couplets enunciated the pattern of behaviour contemplated under different facets of life from individuals, rulers, businessman, husband, wife, children, saints, etc.

36. Pertinent to mention, the hierarchy of needs, spelled out by Maslow in the 20th century was addressed by Thiruvalluvar, about 2000 years back. Thirukkural, has been universally accepted to be the gem of moral philosophies covering all branches of life. It is also known as "Statements devoid of truth", " Truthful Utterances" and " Holy Book". It is the third most translated work after the Holy Koran and Bible. It has been translated into more than 37 languages. No other philosophical or religious work has such moral and intellectual approach to the problems of life.

37. Today, we are facing many problems like theft of property and knowledge , robbery, rape, murder, rioting, terrorism, suicides, economic depletion, depleting technical skills, stress, greed, diseases like AIDS, cancer,dengue, malaria, epidemics, diabetes, etc , problems due to immoral and illegal relationships or in other words lustful endeavours, alcoholism intolerance, dishonesty, unemployment, poverty, starvation, procrastination, ignorance, inequality, disrespect to elders, child abuse, anger, religious impostors, pornography, etc. These problems, though may look like individual problems have a great impact on the society. Every act of a man has a sociological and psychological impact on the persons around him and in the minds of the persons getting to know about him. Press and media play a pivotal role in shaping the society as they also operate as a modem of education in this developed society.

38. Civilization does not lie in mere development of social, economic, scientific or ideological growth. It should devolve in developing a person as a good soul along with other achievements. Sans it, any civilised society will be uprooted by the troubled rebels. Thirukkural offers a solution to all the above problems. It contains couplets to guide every common man and institutions in difficult situations. It is cherished and preached more than in the land of its origin. In fact, before independence and before the current political set up in the country and state came into existence, attempts were made to make " Thirukkural" compulsory as a subject in education. Government orders and instructions were issued vide reference No ROC No 43 TBC/48 dated 17/06/1948 and 16/07/1949. However, due to some political reasons even after 67 years, the same seems to have not been implemented. Good education to all is beyond politics and it has now become pragmatic to revive the motives behind the Government orders.

39. Excerpts from Thirukkural, which are applicable to prevalent conditions of the society are as follows:

39.1. The following couplets lay down the method and purpose of administration. In other words, the entire fundamental rights like right to live, equality, right against discrimination, health, liberty, protection, etc, guaranteed under the Constitution are covered in chapter 39 and 54. The following couplets also lay down importance of dispensation of justice:

Couplet 385:

,iwkhl;rp- The greatness of a king:

,aw;wYk; <+l;lY''; fhj;jY''; fhj;j

The economic principles of an Institution must focus on producing, acquiring, preserving and making equitable distribution of wealth and services.

Couplet 390:

bfhilasp br'';nfhy; Fonahk;gy; ehd;Fk;

An enlightened Administration is one which works with focus on beneficence, benevolence, rule of justice and people�s welfare.

39.2. The following couplets deal about administration and as to the direction in which the policy of the state in governance must flow. The couplets in chapters 56 and 57 also lay down and effects of poor policy decision, inability and the reasons for the failure of administration in the state:

Couplet 553:

bfhL'';nfhd;ik/The Cruel Sceptre

ehblhWk; eho Kiwbra;ah kd;dtd;

Good Governance requires day to day dispensation of justice and day to day elimination of wrongs. The Administrator who fails in this is leading the country to ruin day by day.

Couplet 560:

Mgad; Fd;Wk; mWbjhHpnyhh; E}y;kwg;gh;

If the protector does not protect, there would be problems of law and order since people would stop practicing virtues. When people stop practicing virtues productivity in the country will come down and the country as a whole would lose its prosperity.

39.3. The following couplets lay down the stature of welfare nation. It lies in building a strong economy, abolition of poverty, preserving the peace and comprises of virtuous people:

Couplet 731:

ehL- The Nation:

js;sh tpisa[Sk; jf;fhUk; jhH;tpyhr;

A Nation is one where there is abundance of produce, rich commerce and virtuous people.

Couplet 1041:

ey;Fut[ /Poverty:

,d;ikapd; ,d;dhj jpahbjdpd; ,d;ikapd;

You ask what sharper pain than poverty is known; Nothing pains more than poverty, save poverty alone

Explanation:

There is nothing that afflicts (one) like poverty.

Couplet 1045:

ey;Fu btd;Dk; ,Lk;iga[s; gy;Fiuj;

From poverty, that grievous woe, Attendant sorrows plenteous grow

Explanation:

The misery of poverty brings in its train many (more) miseries.

Couplet 767:

gilkhl;rp /The Excellance of an army:

jhh;jh'';fpr; bry;tJ jhid jiyte;j

A valiant army bears the onslaught, onward goes, Well taught with marshalled ranks to meet their coming foes

Explanation:

That is an army which knowing the art of warding off an impending struggle, can bear against the dust-van (of a hostile force)

39.4. The following couplets laydown the duty of parents in educating and the duty of the children to bring pride to their parents by their conduct:

Couplet 67:

kf;fl;ngW /The Welath of Children:

je;ij kfw;fhw;Wk; ed;wp mitaj;J

Sire greatest boon on son confers, who makes him meet,

In councils of the wise to fill the highest seat

Explanation:

The benefit which a father should confer on his son is to give him precedence in the assembly of the learned.

Couplet 69:

<+d;w bghGjpd; bghpJtf;Fk; jd;kfidr;

When mother hears him named ''fulfilled of wisdom''s lore,''

Far greater joy she feels, than when her son she bore

Explanation:

The mother who hears her son called "a wise man" will rejoice more than she did at his birth.

Couplet 70:

kfd; je;ijf; fhw;Wk; cjtp ,td;je;ij

To sire, what best requital can by grateful child be done?

To make men say, ''What merit gained the father such a son?''

Explanation:

(So to act) that it may be said "by what great penance did his father beget him," is the benefit which a son should render to his father

39.5. The saint stresses the importance of self-confidence, which is lacking in many individuals which has paved way of numerous suicides:

Couplet 593:

Cf;fk; cilik /Motivation/Confidence:

Mf;fk; ,He;njbkd; wy;yhth; Cf;fk;

''Lost is our wealth,'' they utter not this cry distressed, The men of firm concentred energy of soul possessed

Explanation:

They who are possessed of enduring energy will not trouble themselves, saying, "we have lost our property."

39.6. The following couplet lays down the object of education. Chapter 40 also describes the importance of good education as well:

Couplet 391:

fy;tp/Learning/Education:

fw;f frlwf; fw;git fw;wgpd;

So learn that you may full and faultless learning gain, Then in obedience meet to lessons learnt remain

Explanation:

Let a man learn thoroughly whatever he may learn, and let his conduct be worthy of his learning

39.7. The following couplets lay down the virtues, strength and qualities one must possess and practise as an individual to maintain order in the society. It not only consists of personnel virtues but also lessons to choose right choices.

Couplet 131:

xGf;fk; cilik Good Character and Conduct:

xGf;fk; tpGg;ge; juyhd; xGf;fk;

''Decorum'' gives especial excellence; with greater care ''Decorum'' should men guard than life, which all men share

Explanation:

Propriety of conduct leads to eminence, it should therefore be preserved more carefully than life.

Couplet 136:

xGf;fj;jp bdhy;fhh; cunthh; ,Gf;fj;jpd;

The strong of soul no jot abate of ''strict decorum''s'' laws, Knowing that ''due decorum''s'' breach foulest disgrace will cause

Explanation:

Those firm in mind will not slacken in their observance of the proprieties of life, knowing, as they do, the misery that flows from the transgression from them.

Couplet 31:

mwd; typa[Wj;jy; Strength of virtues:

rpwg;gPDk; bry;tKk; <+Dk; mwj;jpDhc'';F

It yields distinction, yields prosperity; what gain

Greater than virtue can a living man obtain.

Explanation:

Virtue will confer heaven and wealth; what greater source of happiness can man possess ?

Couplet 39:

mwj;jhd; tUtnj ,d;gkw; bwy;yhk;

What from virtue floweth, yieldeth dear delight; All else extern, is void of glory''s light.

Explanation:

Only that pleasure which flows from domestic virtue is pleasure; all else is not pleasure, and it is without praise.

Couplet 1013:

ehQqilik/Shame:

Cidf; Fwpj;j capbuy;yhk; ehbzd;Dk;

All spirits homes of flesh as habitation claim, And perfect virtue ever dwells with shame.

Explanation:

As the body is the abode of the spirit, so the excellence of modesty is the abode of perfection.

Couplet 1020:

ehzfj; jpy;yhh; ,af;fk; kug;ghit

Tis as with strings a wooden puppet apes life''s functions, when Those void of shame within hold intercourse with men.

Explanation:

The actions of those who are without modesty at heart are like those of puppet moved by a string.

Couplet 784:

el;g[-/Friendship:

eFjw; bghUl;ld;W el;ly; kpFjpf;fz;

Nor for laughter only friendship all the pleasant day, But for strokes of sharp reproving, when from right you stray

Explanation:

Friendship is to be practised not for the purpose of laughing but for that of being beforehand in giving one another sharp rebukes in case of transgression.

Couplet 824:

Tlh el;g[- /Bad Friendship:

Kfj;jpd; ,dpa efhm mfj;jpd;dh

Tis fitting you should dread dissemblers'' guile, Whose hearts are bitter while their faces smile

Explanation:

One should fear the deceitful who smile sweetly with their face but never love with their heart.

Couplet 42:

,y;thH;f;if- Domestic Life:

Jwe;jhh;f;Fk; Jt;th jth;f;Fk; ,we;jhh;f;Fk;

To anchorites, to indigent, to those who''ve passed away,

The man for household virtue famed is needful held and stay

Explanation:

He will be said to flourish in domestic virtue who aids the forsaken, the poor, and the dead.

Couplet 71:

md;g[ilik- Compassion and Love:

md;gpw;Fk; cz;nlh milf;Fe;jhH; Mh;tyh;

And is there bar that can even love restrain?

The tiny tear shall make the lover''s secret plain

Explanation:

Is there any fastening that can shut in love ? Tears of the affectionate will publish the love that is within.

Couplet 72:

md;gpyhh; vy;yhk; jkf;Fhpah; md;g[ilahh;

The loveless to themselves belong alone;

The loving men are others'' to the very bone

Explanation:

Those who are destitute of love appropriate all they have to themselves; but those who possess love consider even their bones to belong to others.

Couplet 85:

tpUe;njhk;gy;- Hospitality:

tpj;Jk; ,ly;ntz;Lk; bfhy;nyh tpUe;njhk;gp

Who first regales his guest, and then himself supplies, O''er all his fields, unsown, shall plenteous harvests rise

Explanation:

Is it necessary to sow the field of the man who, having feasted his guests, eats what may remain ?

Couplet 108:

bra;e;ed;wpawpjy;- Gratuity:

ed;wp kwg;gJ ed;wd;W ed;wy;yJ

''Tis never good to let the thought of good things done thee pass away; Of things not good, ''tis good to rid thy memory that very day.

Explanation:

It is not good to forget a benefit; it is good to forget an injury even in the very moment (in which it is inflicted).

Couplet 110:

ve;ed;wp bfhd;whh;f;Fk; ca;t[z;lhk; ca;tpy;iy

Who every good have killed, may yet destruction flee; Who ''benefit'' has killed, that man shall ne''er ''scape free

Explanation:

He who has killed every virtue may yet escape; there is no escape for him who has killed a benefit

Couplet 121:

mlf;fk; cilik /Humbleness/Self-Control and Restraint:

mlf;fk; mkuUs; ca;f;Fk; ml'';fhik

Control of self does man conduct to bliss th'' immortals share; Indulgence leads to deepest night, and leaves him there

Explanation:

Self-control will place (a man) among the Gods; the want of it will drive (him) into the thickest darkness (of hell).

Couplet 921:

fs;Sz;zhik- /III Effects of Liquor :

cl;fg; glhmh; xspapHg;gh; v";"hd;Wk;

Who love the palm''s intoxicating juice, each day, No rev''rence they command, their glory fades away

Explanation:

Those who always thirst after drink will neither inspire fear (in others) nor retain the light (of their fame)

Couplet 925:

ifawp ahik cilj;nj bghUs;bfhLj;J

With gift of goods who self-oblivion buys, Is ignorant of all that man should prize

Explanation:

To give money and purchase unconsciousness is the result of one''s ignorance of (one''s own actions).

Couplet 605:

ko ,d;ik Laziness:

beLePh; kwtp koJapy; ehd;Fk;

Delay, oblivion, sloth, and sleep: these four Are pleasure-boat to bear the doomed to ruin''s shore.

Explanation:

Procrastination, forgetfulness, idleness, and sleep, these four things, form the vessel which is desired by those destined to destruction.

Couplet 421:

mwpt[ilik- /Intelligence and Wisdom:

mwptw;w''; fhf;F''; fUtp brWthh;f;Fk;

True wisdom wards off woes, A circling fortress high; Its inner strength man''s eager foes Unshaken will defy

Explanation:

Wisdom is a weapon to ward off destruction; it is an inner fortress which enemies cannot destroy.

Couplet 171:

bt`fhik- /Non-coveting another man''s property:

eLtpd;wp ed;bghUs; bt`fpw; Fobghd;wpf;

With soul unjust to covet others'' well-earned store, Brings ruin to the home, to evil opes the door

Explanation

If a man departing from equity covet the property (of others), at that very time will his family be destroyed and guilt be incurred.

Couplet 175:

m`fp afd;w mwpbtd;dhk; ahh;khl;Lk;

What gain, though lore refined of amplest reach he learn, His acts towards all mankind if covetous desire to folly turn

Explanation

What is the advantage of extensive and accurate knowledge if a man through covetousness act senselessly towards all ?

Couplet 151:

bghiwa[ilik Patience and Tolerance: As earth bears up the men who delve into her breast,

mfH;thiuj; jh'';Fk; epyk;nghyj; jk;ik

To bear with scornful men of virtues is the best

Explanation:

To bear with those who revile us, just as the earth bears up those who dig it, is the first of virtues.

39.8. According to the Saint, when a man or a women falls away from the path of truth, honesty and chaste, it collapses the matrimonial life and their life ends in misery. The result is evident from the ever increasing matrimonial cases.

Couplet 146:

gpwdpy; tpiHahik /Not coveting another''s wife/Adultery:

gifghtk; mr;rk; gHpbad ehd;Fk;

Who home invades, from him pass nevermore,

Hatred and sin, fear, foul disgrace; these four

Explanation:

Hatred, sin, fear, disgrace; these four will never leave him who goes in to his neighbour''s wife.

Couplet 148:

gpwd;kid nehf;fhj nguhz;ik rhd;nwhh;f;

Manly excellence, that looks not on another''s wife, Is not virtue merely, ''tis full ''propriety'' of life

Explanation:

That noble manliness which looks not at the wife of another is the virtue and dignity of the great

Couplet 52:

thH;f;ifj; Jizeyk;- /How should a wife be and importance of chaste:

kidkhl;rp ,y;yhs;fz; ,y;yhapd; thH;f;if

If household excellence be wanting in the wife, Howe''er with splendour lived, all worthless is the life

Explanation:

If the wife be devoid of domestic excellence, whatever (other) greatness be possessed, the conjugal state, is nothing.

Couplet 54:

bgz;zpd; bgUe;jf;f aht[s fw;bgd;Dk;

If woman might of chastity retain, What choicer treasure doth the world contain

Explanation:

What is more excellent than a wife, if she possess the stability of chastity ?

Couplet 56:

jw;fhj;Jf; jw;bfhz;lhw; ngzpj; jifrhd;w

Who guards herself, for husband''s comfort cares, her household''s fame, In perfect wise with sleepless soul preserves,

-give her a woman''s name.

Explanation:

She is a wife who unweariedly guards herself, takes care of her husband, and preserves an unsullied fame

39.9. A word of caution is spelt in the following couplets to those in power and responsibility to be impartial and fair:

Couplet 116:

eLt[ epiyik /Impartiality:

bfLty;ahd; vd;g jwpfjd; be";rk;

If, right deserting, heart to evil turn,

Let man impending ruin''s sign discern

Explanation:

Let him whose mind departing from equity commits sin well consider thus within himself, "I shall perish."

Couplet 117:

bfLthf itah Jyfk; eLthf

The man who justly lives, tenacious of the right,

In low estate is never low to wise man''s sight

Explanation:

The great will not regard as poverty the low estate of that man who dwells in the virtue of equity.

Couplet 119:

brhw;nfhl;lk; ,y;yJ brg;gk; xUjiyah

Inflexibility in word is righteousness,

If men inflexibility of soul possess

Explanation:

Freedom from obliquity of speech is rectitude, if there be (corresponding) freedom from bias of mind.

39.10. The importance of wealth and how it must be earned is also spelled out. The word of wisdom is that it must be earned in proper and legal means.

Couplet 751:

bghUs; bray;tif Importance of Wealth:

bghUsy; ytiug; bghUshfr; bra;a[k;

Nothing exists save wealth, that can Change man of nought to worthy man

Explanation:

Besides wealth there is nothing that can change people of no importance into those of (some) importance.

Couplet 754:

mwdPDk; ,d;gKk; <+Dk; jpwdwpe;J

Their wealth, who blameless means can use aright, Is source of virtue and of choice delight

Explanation:

The wealth acquired with a knowledge of the proper means and without foul practices will yield virtue and happiness.

39.11. Thirukkural also lays down the role of doctors, medicines and the need for research and development.

39.12. The importance of medicine, research and the care to be take before treatment have been dealt in chapter 95. It also deals which diet to be followed to avoid illness:

Couplet 948:

kUe;J Medicine:

neha;eho neha;Kjy; eho mJjzpf;Fk;

Disease, its cause, what may abate the ill:

Let leech examine these, then use his skill

Explanation:

Let the physician enquire into the (nature of the) disease, its cause and its method of cure and treat it faithfully according to (medical rule).

Couplet 949:

cw;whd; mst[k; gpzpast[k; fhyKk;

The habitudes of patient and disease, the crises of the ill These must the learned leech think over well, then use his skill

Explanation:

The learned (physician) should ascertain the condition of his patient; the nature of his disease, and the season (of the year) and (then) proceed (with his treatment).

Couplet 950:

cw;wtd; jPh;g;ghd; kUe;JiHr; bry;thbdd;

For patient, leech, and remedies, and him who waits by patient''s side, The art of medicine must fourfold code of laws provide

Explanation:

Medical science consists of four parts, viz, patient, physician, medicine and compounder; and each of these (again) contains four sub-divisions

39.13. Today, we find that the farmers throughout the country are committing suicides. Much importance is given to growth at the cost of conversion of agricultural lands into residential and commercial lands. There is no sustainable development. The importance of agriculture can be traced from the following couplets:

Couplet 1031:

cHt[- Agriculture:

RHd;Wk;Vh;g; gpd;d Jyfk; mjdhy;

Howe''er they roam, the world must follow still the plougher''s team; Though toilsome, culture of the ground as noblest toil esteem

Explanation:

Agriculture, though laborious, is the most excellent (form of labour); for people, though they go about (in search of various employments), have at last to resort to the farmer.

Couplet 1034:

gyFil ePHYk; j'';Filf;fPH;f; fhz;gh;

O''er many a land they ''ll see their monarch reign, Whose fields are shaded by the waving grain.

Explanation:

Patriotic farmers desire to bring all other states under the control of their own king.

39.14. The chapters till 108 deal with virtues, administration and importance of wealth. The foundation for democracy and its limits are also evident. Knowledge is power. Knowledge of all the couplets and their use in day to day life will leave the power at the hands of people who are not only intelligent but also virtuous.

40. The above extracts from Thirukkural are pulsating and if put into practise will certainly pave way for better humans, in turn a better society, in turn a better country, in turn a better nation. Children, whose quest for knowledge is unlimited should be drawn into principles at an early age so that they are not deviated. The future of every country lies at the hands of younger generation. It is the duty of the state to show them the rightful path and there is no other better philosophy than what is preached in Thirukkural.

41. Undoubtedly, the other literary works Mahabaradham, Agananooru, Purananooru, Aathisoodi, Silapathigaram, Kambaramayananam, Manimegalai, etc also teach moral philosphies, but not to the extent and depth of Thirukkural without affiliations and godly intervention. In fact in Thirukkural No 619 "Deivathal Agatheninum Muyarchi Than Mei varutha Kooli tharum" implying, even if god does not give, hard work would definitely yield results.

42. The epic, Mahabaradham as we all know though preaches various moralities, is webbed around the quest for power and individual lives of kings and gods. Aganaooru, comprises of 400 poems dealing with love and separation. Purananooru, comprises of 400 poems dealing with war, politics, wealth, etc. The above poems reflect only in portions the high moral values preserved during the sangam period. They do not offer any solution. In so far Aathisoodi is concerned, it could be said to be the extract of Thirukkural in simple language. Avvaiyar , who wrote the aathisoodi in her own words has said the following about Thirukkural :

"Anuvai thulaithu ezhkadalai pugati kuruga tharitha kural"

"Splitting an atom and Letting deep Ocean inside it and making so compact and powerful Words"

43. Various other personalities have divested their views on Thirukkural as follows:

GU Pope observed:

"Outweighs the whole of remaining Tamil literature, & is one of the select number of great works, which have entered into the very soul of a whole people & which can never die."

"Thirukkural is as clear as an unpolluted spring. Yes! Thirukkural, the unique book, has come to remove the impurities of this world."

John Lazurus:

The moral soil of Tamil Nadu.

To quote, EV Daniel, "There are no �thou-shalt-do this and thou-shalt-not-do that.� "The Kural is a book with sharp observations of real life, a deep understanding of human weaknesses and strengths, and wise suggestions as to how we can live up to our fullest capacities as free human beings."

Archbishop Trench on Thiruvalluvar and Thirukkural:

"He abounds in short and memorable, and, if I might so call them, epigrammatic sayings, concentrating with a forceful brevity the whole truth which he desires to impart into some single phrase."

Reverend P Percival wrote, "Nothing in the whole compass of human language can equal the force and terseness of the couplets in which the author of the Kural conveys the lessons of wisdom."

Albert Schweitzer:

There hardly exists in the literature of the world a collection of maxims in which we find such lofty wisdom as in Thirukkural.

Subramaniya Bharati wrote, "The outstanding greatness of Tamil Nadu was that it gave Valluvar to the world"

Professor Moriz Winternitz (1863-1937) an eminent Austrian orientalist says, "Valluvar�s Kural is one of the gems of the world literature. He (Valluvar) stands above all races, castes, and sects, and what he teaches is a general human morality and wisdom. No wonder, that the Kural has been read, studied and highly praised in the land of its origin for centuries, but also found many admirers in the west, ever since it has become known."

44. Going by what has been pleaded and not disputed, the Government of Tamil Nadu itself, has been attempting to promote Thirukkural, though not as an independent subject but in other forms like competetions, seminars, etc, the same preference has not been given to other literary works, where moral preachings are only a part. This implies the supremacy of Thirukkural over the other portions.

45. The other portions of the syllabus though deal with morality as an undertone, primarily depict the story of individuals. They are mostly known for their artistic excellence rather than to the context. Contrarily, Thirukkural, lays down the path to be observed by each individual in various spheres namely, moral, professional, business, political, management, chaste, family, Pschology, love, sex, etc. it lays down the mode of life to be lived by every individuals in the society. It is beyond all religions and is ever applicable. It has withstood the test of time. Above all, it gave us the Mahatma to this country. In his own words :

"I learned Tamil only to enable me to study Thiruvalluvar�s Kural through his mother tongue itself. There is none who has given such a treasure of wisdom like him."

46. Interestingly, Mahatma was drawn to Thirukkural by none other than Leo Tolstoy, who has quoted the Couplets of chapter 32 namely "Inna Ceyyamai" or "Not doing evil". That�s a chapter, which deals with the necessity to desist from causing harm to others even if one is hurt by the action of others. It propels the necessity of tolerance, nonviolence and doing good things.

47. Taking the cue from Thirukkural and marching on the virtues of Non-violence and non-falsehood, Mahatma Gandhiji inspired all sections of the society in the struggle for freedom and succeeded. He has inspired many other great leaders and like thiruvallur, attained immortality following the saint himself. Well, the need of the hour, though may not be another Mahatma, but souls which can make this place a better place to live, in confirmation with the fundamental rights. Therefore, this Court is of the firm view, that it is Thirukkural which alone has all that it takes to take the younger generation in righteous path.

48. Undoubtedly, when the seeds are cultivated early, the result would be fruitful. When, the young minds of this country are taught about the moral philosophies and methods as contained in Thirukkural, we can expect a better reformed generation, not only in moral aspect but also in political and commercial management. That, would definitely take the nation into a progressive mode.

49. It has been contended by the Special Government Pleader appearing for the respondents that inclusion of entire Thirukkural as a subject would increase the burden on the students. Unaccepting and quoting Aristotle "The roots of education are bitter, but the fruit is sweet" , this Court finds that to a student, every subject is difficult, unless it is studied. It is a difficult phase of life, where the students feel that they are forced to in fact study. It is only at a later stage, that they realise the importance of education. Maths and science are considered to be most difficult subjects for school students throughout the world and there are several reports to the effect. The Government has never had any second thoughts to reduce the portions as they are considered as necessary for the academic development and future of a student. Moral science is equally important and if not more. A mere intelligent but a person without moral aptitude can ruin the society more than an unintelligent person with morals. The plea is not to increase the working hours. Rather it is only to teach Thirukkural as a separate subject/division in subject. Hence, this Court is unable to accept the contention of the respondents that increasing the number of kurals would caste a burden on the students.

50. When the object is to create a better society and to safeguard the fundamental rights, it is for the respondents to device a mechanism to achieve the object. The works of William Shakespeare has invariably been included as a portion throughout the world and also in India. Though, the fictional stories contain moral values, globalisation has been made by the land of origin. Whereas, a philosophy, accepted throughout the world to be of highest value must be taught entirely at the school level itself. It is also pertinent to mention here that the Government has already made Tamil a compulsory subject and has been implemented in a phased manner. Similar, steps are also taken for Central and other boards in the state. In view of the fact, that Thirukkural has already been translated in English, French, Hindi, German, Telugu, Kannada, Malayalam and many other regional languages, it can be taught wholly.

51. Insofar as the contention of the learned Special Government Pleader appearing for the respondents that the 3rd Chapter, considering the sensitivity of the subject, the same need not be included in the syllabus. However, the first two chapters containing 108 Adhigarams must be included in the syllabus preferably from the next academic year and implemented in a phased manner.

52. It was brought to the knowledge of this court that the syllabus is determined by the committee appointed by the government. It is pertinent to mention here, the policy is framed by the Government in consonance with and to preserve the fundamental rights under Part III of the Constitution. Once a policy is framed, then it is a matter of accommodation. If there is a will, there would be a way. It will be the greatest contribution to the society and to the language itself by the government. Various adaptations and stories associated with Thirukkural in the form of "Thirukkural kathaigal". Therefore, it can be taught to the students without causing burden. Moral values are more important that other values. Once, the moral values are lost, it is only a matter of time, before the person falls, despite possessing all other qualities, which may earn in name, fame, power and money. If Thirukkual is taught with all its avenues and dimensions elborately, the students would be equipped with all the facets of life, the probable problems and the solutions. The couplets about friendship, hard work, good character, patience, tolerance and confidence will guide them through, even the most difficult of times. Thirukkural will give them the inner strength to withstand any storm. Therefore, this Court commends that appropriate action must be taken by the Government through the committee which decides the syllabus, considering the noble objective and the demanding situation and finalise the syllabus for the next academic year by including 108 Chapters/Adhigarams of Thirukkural (Arathupal and Porutpal) in the curriculum of students between VI Standard to XII Standard, keeping in mind that the purpose of education must be to build a nation with moral values.

53. With the above directions, this writ petition is allowed as above. No costs.