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He added that in subsequent years the lecture series would feature permanently as a plenary session of the Malaysian Bar’s biennial International Malaysia Law Conference.  While the dedication and naming of the Bar’s auditorium in memory of Raja Aziz Addruse earlier that morning served to honour the man, the memorial lectures would serve as occasions to remind Members – and future Members – of the Bar, of “the principles which were dear to Raja Aziz Addruse and which he fought to uphold, namely, the sanctity of the rule of law, the primacy of the Constitution, the inviolability of fundamental liberties, the integrity of the administration of justice, and the importance of a strong and independent Bar”.  

Christopher Leong proceeded to introduce J S Verma, the speaker for the inaugural memorial lecture.  He summarised for the audience the distinguished jurist’s illustrious legal and judicial career, which had been marked with many accomplishments and accolades.  Well-known for his “judicial integrity, intellect and progressiveness, particularly in the field of constitutional law”, J S Verma’s judgments in cases such as Vishaka v State of Rajasthan (AIR 1997 SC 3011) and Nilabati Behera v State of Orissa (AIR 1993 SC 1960) had been “landmark pronouncements in their progressive interpretation and application of the Constitution”.  

As Chief Justice of India, J S Verma had broken new ground by introducing the concept of compensation for contravention of human rights and constitutionally-guaranteed fundamental freedoms, as a remedy for enforcement and protection of such rights.  The Vice-President also pointed out that J S Verma’s judgment in Nilabati had been used in several jurisdictions, including by the Malaysian Bar in its submissions in the recently-concluded Royal Commission of Inquiry into the death of Teoh Beng Hock.    

It was thus with a warm round of applause that J S Verma was invited to deliver his lecture entitled “Humane Governance: Imperative for Human Rights”.  

Early in his talk, J S Verma urged the Malaysian Bar to continue to draw inspiration from Raja Aziz Addruse’s life and contribution to the “strengthening of the rule of law and judicial independence that are of essence for the protection of human rights through humane governance”.  

He described that good governance had several distinguishing characteristics, such as “inclusive democracy” governed by the rule or law, transparency and accountability.  Emphasising that good governance also required the protection of the civil and political rights of all individuals, he commented that “the rule of law is the machinery to protect the people’s rights”.  

The retired Chief Justice then articulated that the concept of human rights is based on the dignity of the individual as an equal member of the human family, and on non-discrimination.  He reminded the audience that human rights are universal, interdependent, indivisible and inalienable, and highlighted that the State is responsible not only for protecting or curing human rights violations, but also for preventing such breaches.  He added that this State responsibility extends to acts – as well as inaction – of both State and non-State players.

J S Verma then continued by explaining that humane governance, which was “people-centric” and “owned by the people”, was basically “good governance related with human rights that [fulfilled] all the needs and aspirations of the people”.   According to him, the essence of humane governance is a “social order accountable to human rights”.  He observed pointedly that, “The stakes are too high in not treating human rights as an indispensable way of life”, as it is “the only assurance for a better future of the coming generations”.

The speaker then touched on the United Nations Millennium Development Goals (“MDGs”), and discussed a few in particular: gender equality and justice; public health; and sustainable development.  In referring to the latter, he remarked that experts have recognised that respect for, and protection of, human rights is a pre-condition for sustainable development.

Noting that poverty eradication was also essential to achieving sustainable development and that disparities are more pronounced in South Asia, J S Verma stated that good governance must thus transcend to the level of humane governance to accomplish this goal.  He added that distributive justice is at the core of human development, and is required in order to reduce inequalities.  He subsequently made reference to the Indian context to illustrate his points, and recapitulated that “humane governance is the vehicle” required.

In wrapping up his lecture, J S Verma quoted Nobel prize-winning economist Amartya Sen, that the mere existence of democratic institutions did not necessarily guarantee success, and that even the most perfect institutional structure or Constitution may not suffice.  He stressed that the form of government present was not decisive of the welfare of its people; instead, it was the quality of the individuals who administered the country and their vision that would determine its present and future.  Ultimately, the welfare of a country depended upon the way in which the country was administered.

The insightful lecture was followed by the presentation of a token of appreciation by Lim Chee Wee, President of the Malaysian Bar, to J S Verma, and the Inaugural Raja Aziz Addruse Memorial Lecture was concluded on this positive note.  As guests streamed out of the hall, chatting excitedly and discussing the day’s events, they exited the Bar Council Secretariat and stepped out into sunlight – the morning rain that had greeted their arrival had passed, and the sun had finally peeked out from behind the clouds, promising yet another bright day.