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July - Sept 2024

अनिषिध्दमनुमतम्॥ – Anishiddhamanumatam

Indian civilization is unique in many ways. Its antiquity and its classification has been subject of envy from ages among other civilizations. The literary grandeur of the ancient texts available in India is often viewed with awe even today. The laukika nyayas are no exception. The nyaya discussed today is one such gem guiding individual with wisdom of Upanishadic teachings.

‘अनिषिध्दमनुमतम्’ is actually combination of two different words combined together as ‘अनिषिध्दम्’ and ‘अनुमतम्’ which literally mean ‘what is not negated is agreed upon’ or in other words ‘silence is consent’.

This Nyaya occurs in Hemachandra’s Parishistaparvan vii.36 as:

Acharya Hemachandra was a 12th century Indian Jain saint, scholar, poet, yogi, grammarian, mathematician, philosopher, historian, lexicographer, rhetorician and prosodist. The above nyaya also appears in a slightly different form in ‘Nyayavartika’ written by Udyatakara which is a Sanskrit treatise of the Nyaya School of philosophy and Vachaspati Mishra’s commentary on the Nyayavartika.

The अनिषिध्दमनुमतम् nyaya suggests that when someone does not explicitly object or express dissent to a particular matter, his silence can be interpreted as agreement or consent. It emphasizes the significance of vocalizing one’s opinions or objections, when necessary, as silence may be considered an affirmative response in certain situations. This concept is often applicable in decision-making, agreements, and other interpersonal or legal matters. Many times, in life, one tends to keep silence and not dispute for various reasons. In fact, it has been taught that silence is golden. There is a Sanskrit subhashit which goes like this:

Nightingales and parrots are trapped because of the fault of their own mouths. However, storks are not caught. Silence is indeed the instrument that achieves all ends.

Rishis and saints have advised the common man to remain engaged in the praise of God rather than engage in wasteful talk.

Silence in Sanskrit is “mouna.” In Sanskrit there is a proverb and the proverb goes, “Mounena kalaho naasti.” Kalaha means: problems or quarrels. Nasti means: don’t exist. So, the translation is: “If you are silent, you won’t have quarrels.” That means only by talking, one creates more problems. One doesn’t know how to talk, how much to talk, what to talk about. So, the immediate benefit of being silent is that one stays out of trouble.

However, there are times when one ought to speak, particularly when one sees injustice being meted out to someone in his presence. Scriptures advise that even though one may not be capable of fighting the injustice, still one must at least speak and express one’s opposition.

In Mahabharata, Bhishma had never committed any sin and never said any lie. Yet, the only time he had committed a serious mistake was during the Draupadi vastraharan when he remained silent as mute spectator; he could have stopped or opposed the vastraharan. Without going into the reasons and analysis of Bhishma’s behaviour, the point being discussed here is the necessity to speak or oppose when one sees the injustice being practised in front of him.

Mahabharata is an epic of conflicts, at physical, psychological and spiritual level. It deals with the body, mind and soul. The conflicts depicted in the epic are of infinite scale. The battle field is all around man and it exists inside the mind of a man also and it exists for ever. Whether to remain silent or speak is the conflict existing in the mind of everyone.

This is true in Corporate World also. CEOs, senior employees or for that matter even the common employees face the dilemma whether to speak out or remain mute spectator in regard to various matters of injustice that they come across. Whistleblower policies are being practiced by Corporates for protection of such employees speaking against any injustice or unjust acts being perpetrated in the corporate world and where such employees fear for their safety. In India, Whistleblower Protection Act, 2014 is enacted with the same intention. Yet, the degree of dilemma being faced in the corporate world is still the same.

‘Silence gives consent’ is a famous quote by Greek philosopher Plato. This quote reflects his belief that failing to speak out against injustice amounts to condoning it. Plato believed that individuals had a moral obligation to speak out against injustice and to work to make society a more just and equitable place. Plato’s ideas about the importance of speaking out against injustice are particularly relevant today. In an era in which social media has made it easier than ever to spread information and organize protests, individuals have more power than ever before to speak out against injustice and effect change.

Morally courageous individuals can become a protective force for individuals, a catalyst for social change, and an inspiration for others, thereby making a crucial contribution to the greater good. Against this backdrop, it is hoped that in every society, people should show moral courage. Instead, however, moral courage is relatively rare. Speaking up against injustices, fascism, inequality, violence, racism, misogyny, climate degradation, and authoritarianism is not only a moral imperative but also a practical necessity for every human being.

The time to speak is now, for in the words of Edmund Burke, “The only thing necessary for the triumph of evil is for good men to do nothing.” Lest ‘silence will be regarded as consent’.

Further, there could be other situations in life, when, out of deference towards an elder or a senior, one keeps silent and takes instructions that are not capable of being acted upon. Here too silence is taken as acceptance; when the instruction is not carried out properly, the results will have adverse effects, sometimes of far-reaching consequence, on many persons and issues. Hence, instead of facing the music at a later stage, one should clearly put forth his views on the implement ability of the instruction right at the beginning.

Thus practice of silence has to be weighed properly and decided upon.