What not to do with a female intern!

Hon’ble Justice Ashok Kumar Ganguly; a few months ago this name was synonymous with landmark judgments such as the 2G spectrum, president’s power of pardon, and violation of fundamental rights during emergency among various others. But come November 2013, and the now retired highly respected member of the Bench is known for a completely different thing, i.e. for being the Supreme Court judge who allegedly tried to take advantage of a young law intern working under him.

24th December 2012, exactly a year ago from today, what supposedly transpired in the hotel room of Le Meridien between the NUJS student who goes by the name of Stella James and Mr. Justice (Retd.) A.K. Ganguly, must have been a cause of trauma and concern for the said student then, and has undeniably become something akin to it, for the Justice (Retd.) now. The case first came to light on 11th November 2013, through the Times of India, where the victim’s blog had been cited and it was shown how such incidents are ‘not uncommon’ with the Higher Judiciary; though ‘speaking out against them is nearly impossible.’

The basic framework of the plot still remains the same in both Stella James and Justice (Retd.) Ganguly’s version of what actually happened that fateful day. The contradiction lies in the fact that Justice Ganguly has throughout been denying the charges placed on him by the 3 member committee comprising of Justices R M Lodha, H L Dattu and Ranjana P Desai; while the law intern (and also the committee despite denying its jurisdiction to take any action on the pertaining issue) has maintained that the charges are true.

Justice (Retd.) Ganguly apart from denying the charges before the committee and the media, has also stated that no action can be taken against him under the newly amended law which makes sexual harassment an offence, since the said law was passed in 2013 while the incident has been reported to be of 2012 (punishment cannot be given for criminal offences ex post facto). What he has neglected though, is that de minimus non curate lex has never been applicable to cases of sexual harassment; it has always been a crime punishable by the law (recalling KPS Gill v. Rupan Deol Bajaj). Here, a slight problem is that Stella James as of yet has not filed any formal complaint to the police. Though, now after the committee has submitted its report, the police is free to take suo moto cognizance of the case and investigate it (as happened with Mr. Tarun Tejpal).

In a fresh move Justice (Retd.) Ganguly has written a letter to the Hon’be CJI stating his innocence and highlighting the issue that while he had been denied a copy of the petitioner’s (Stella James’) complaint and statements; the same is now out in the media due to a possible leak by a law ministry official. Also the use and distribution of facts from Stella James’ affidavit by Additional Solicitor General Indira Jaising’s open letter to the Prime Minister’s Office in which she asked for Justice (Retd.) Ganguly’s removal as Chairperson West Bengal State Human Rights Commission has been questioned by him. He further alleged that the whole fiasco has been done as part of a conspiracy, with the motive to malign his name.

Replying to Justice (Retd.) Ganguly’s 8 page letter, Stella James in her blog clarified her motive behind the whole action. According to her, she did not come out with the judge’s name earlier and lodge a police complaint due to her inhibitions and reluctance; and decided to bring out the matter through her blog instead because she felt “it was important to warn young law students that status and position should not be confused for standards of morality and ethics.” She has also said that Ms. Jaising had acted with her consent and hence was justified in giving out her story to the newspapers. Though she has maintained that it is her discretion whether to lodge a formal complaint or not and this discernment should be respected.

Again, the three bench committee in its report submitted to the Hon’ble CJI despite acknowledging Justice (Retd.) Ganguly involvement in the case stated “Considering the fact that the said intern was not an intern on the roll of the Supreme Court and that the concerned Judge had already demitted office on account of superannuation on the date of the incident, no further follow up action is required by this Court” and thus in a politically correct move absolved itself of all responsibility regarding the affair.

The Hon’ble Apex court is known to be a protector of women rights and has always been eager to go a step forward in the process of defending and guarding a woman’s dignity and honour. Despite all keenness it has shown in the past; the Hon’ble Court’s stand in the case at hand has portrayed a dismal aspect of the nation’s judiciary, and it is abjectly disappointing to see the matter being swept under the carpet in such a fashion. Here, the Supreme Court could have utilized its extra ordinary jurisdiction and taken the matter into consideration suo moto, though according to legal luminaries it would have set a bad precedent. But is a bad precedent really of more importance than a girl’s dignity and self-respect?

It can be stated without a doubt that had the said offender not been a former member of the judiciary; the attitude of the committee would have been drastically different. In no world can it be acceptable that a person walk scot free after trying to harass a girl sexually, only because he formerly was an Hon’ble Judge and still is sitting in a position as important as the Chairman of a State Human Rights Commission (West Bengal). It would be more appropriate if stricter action was taken in such cases in order to set forth an example that law cannot be mightier than the king; no one stands above the law!

But instead of taking action against the Hon’ble Justice (Retd.), what is being done instead, by the guardians of our constitution, is requesting the Hon’ble Chief Justice to remove the female staff assigned to them. Trying to pull off an Indira Jaising here; is it such a crime to speak out against harassment, My Lords?

The Devyani Khobragade Charade

Devyani Khobragade in the past few days has become a well-known name among most Indians, who like to be updated about the various ongoing on the world platform. A hot topic of debate among the human and civil rights activists, the proponents of diplomatic rights, the Indian and the United States government as well as the media of the respective nations, and not to forget the innumerable so-called intellectuals in our country who consider it to be their birth-right to have an opinion on each and every matter, however inconsequential. Being a similar non-entity with the high-headedness of a self proclaimed genius, how could I have restrained myself from commenting of this issue for long; and true to myself, here I am to opinionate on this very prominent issue of dispute which has been hogging the limelight (with discussions and arguments ensuing on each and every news channel one turns to) through both print and visual media.

Though the majority would be well aware of the facts of the Devyani Khobragade case; it is nonetheless important that I state them once more for public convenience. An Indian Foreign Service (IFS) official of the 1999 batch; Ms. Devyani Khobragade had been functioning as Deputy Consul General in the Consulate General of India in New York. On 11th December 2013 she was arrested by the New York Police Department for committing visa fraud and providing false statements to the immigration office, in order to bring a woman of Indian citizenship, Sangeeta Richards to the US for her potential employment there as her household help. After the said arrest was made hue and cry was made (in India) about the manner of the arrest and the alleged strip-search which was conducted on the diplomat thereafter.

The aforesaid incident of Devyani Khobragade’s arrest caused colossal outburst at various places in India and even the Indian government went as far as asking the US government to issue an unconditional formal apology, removing the barricades from the US embassy, asking the details of the salaries of all domestic help, gardeners and other staff employed by US consulates in India and also blocking perks such as cheap alcohol and food imports, for embassy employees (a very tough and brave move on part of the otherwise silent and laid back Indian government on the mighty United States, if you ask me!).

The Indians have been blaming the United States for causing breach of diplomatic immunity provided to Ms. Khobragade and calling the action of the United States government ‘deplorable’ and even bringing the Dalit angle into the row, in the hope of garnering political support (courtesy:- Ms. Mayawati). The treatment of Ms. Khobragade has been linked with humiliating the nation and the belittling the nation’s pride and honour. The United States government on the other hand has maintained that the actions taken against Ms Khobragade were well within the ambit of their rights and in no way can be termed as violation of Vienna Convention on Consular Relations (VCCR) of 1963.

According to the United States, the Indian Diplomat in question was subject only to consular immunity and not the full fledged diplomatic immunity and hence the government was justified in taking action against her. Consular immunity offers protections similar to diplomatic immunity, but these protections are not as extensive and consular officers are not accorded absolute immunity from a host country’s criminal jurisdiction. They may be tried for certain local crimes upon action by a local court, and are immune from local jurisdiction only in cases directly relating to consular functions. The case of fraud in having the visa issued is an act obviously falling beyond what can be called consular functions, and speaking in accordance with the law, the US was nothing but justified in taking the matter in consideration and ordering Ms. Khobragade’s arrest.

Despite all action against her, Ms. Khobragade was allegedly accorded courtesies well beyond what other defendants, most of whom are American citizens, get. As per reports by the US media and official statements issued by US government Ms. Khobragde was not handcuffed or restrained and neither her phone was seized; in fact she was provided with the opportunity of contacting people she wanted to and was offered food. These considerations show that the VCCR was followed during the making of the arrest and that legally United States stands rationalized in its action.
Substantiating this fact further, is the Indian Government’s action of transferring Ms. Khobragade to India's Permanent Mission at the United Nations, so that she could become eligible for applying for complete diplomatic immunity under the Vienna Convention on Diplomatic Relations 1961. Though, it has to be realized that a new posting does not itself guarantee protection from acts done in the past but has to be ratified by the US government and in case it wants, immunity can be granted (as previously happened in the case of Saudi Prince Abdul Azeez). Another way of saving herself in front of Ms. Khobragade is going for an out of court settlement with the domestic help (Prabhu Dayal case).

This case has not only brought into light the question of immunity to the diplomats, but has also brought forth graver offences and matters of much more concern such as human rights and dignity of the not so well-of sections of the society (such as domestic helps), trafficking, mishandling and abuse of the powers provided by the virtue of their posts by bureaucrats and similar others. Allegedly it has been stated that Sangeeta Richards was paid less than the required minimum wages ($9.75/hour) for the work she did; in a country such as the US; which is very particular about the basic needs and rights of the people residing there. Also the act of committing visa fraud is akin to human trafficking, again a gross misconduct and violation of human rights.

What is deplorable in my view is not the action of the United States government, but the stand taken by our government in trying to protect Ms. Devyani Khobragade from bearing the brunt of her wrong doings. It is commendable and laudable on part of the United States government that they took this matter of trafficking, fraud and human rights violation with as much sincerity and effort. Instead of condemning the arrest and talking about the dignity of Ms. Khobragade, it is important to think about the numerous Sangeeta Richards who have to let go of their right to a dignified life every day, with the low salary paid to them, and the humiliating conditions they are subjected to. Even today, we in India have failed to provide justice to our domestic helps and more often than not they are treated worse than animals (with occasional incidents of signs stating servants, washermen, drivers not allowed put up on lifts); we can at the very least let a country which treats all its residents with equality, do so in peace.

Decision on S 377: Misplaced but Perhaps Correct

Today, on 11th December 2013, the Hon’ble Supreme Court gave the ruling in a much awaited case, i.e. the NAZ Foundation Case; a case which has been sparking debates ever since the suit was filed, and more so after the Hon’ble Delhi High Court in this case declared Section 377 of the Indian Penal Code to be partially ultra-vires. A great deal to the disappointment of the homosexual couples in India and also the LGBT right activists and supporters, the Supreme Court’s decision of setting aside the High Court’s order, and criminalizing homosexuality once again, came as a massive let down.

Much like various other people who consider themselves progressive in their thoughts and actions, I too was hugely disappointed with this ruling which prima facie shows the regressive attitude of our society and comes as one plummeting us back to the Dark Ages. After all, how can we claim to be a nation accepting all kinds of diversity, if we deny people the very basic right of choosing their partners; however objectionable it may seem to our heterosexual sensibilities.

But, on deeper thought, a contrary opinion occurs to me regarding the correctness of this decision and a part of me accepts it to be appropriate. This definitely is not because I have some issues regarding someone’s different sexual preferences or that I am moral policing around; not in the least. I am not saying that I agree with the grounds that have been given for setting aside the High Court’s order; for whatever I have come to know, I fail to find myself in sync with it. In fact, many of the reasons are not what I would have expected from an institution as high as the Hon’ble Apex Court. What triggers my changed outlook is the fact that in my view the laws regarding sexual preferences and sexual molestation are defective in their very basics.

To think of it, in today’s world, we can come across news articles regarding forced sexual molestation of men by other men…..and there would definitely be cases where women might be sexually offending other women, children (both male and female). I agree it is disturbing to think that women could commit such grossly deplorable act; but we must not rule the possibilities. What is to be looked into is that the penal code does not classify such offences being committed against men or being committed by women as rape. In such cases, the only redressal the victims of such offences can achieve is through Section 377 which talks about unnatural offences; otherwise these cases would go unnoticed and unpunished.

Therefore, before decriminalizing S377 what needs to be done is making rape laws gender neutral and coming to terms with the fact that men can be victims of sexual assaults too and they need equal protection of law. Unless this step is taken, and Section 377 is decriminalized without such change in the rape laws the male victims of sexual assault would have no remedy available to them.

Another thing which can be done is adding a provision in Section 377 itself, that if the intercourse happened with the consent of both the parties, it would not amount to an offence. Consent, which is currently not seen as an important factor with regards to S377 needs to be given weightage in deciding the cases. 

The Apex Court has correctly laid the decision in the legislature’s hands regarding the legality of Section 377, whatever be the reasons provided for the same. It now falls upon the legislature to take a strong stand and decriminalize homosexuality as and when practiced by two consenting adults. Homosexuality in my firm belief is not something which should be considered illegal, violative of the law of the land and of the nature, and is definitely not something which is criminal enough to be punished with life imprisonment or imprisonment for 10 years (as per the current statute). Unnaturality is a law of the nature itself and it needs to be acknowledged and understood; criminalizing it is in itself committing an offence and robbing people of the right to live with dignity, the right to equality before law and the right to privacy.

Hence, I would say that keeping in mind the unavailability of another forum to tackle with sexual offences against men; it is only considerable that Section 377 be kept criminalized for the time being. What needs to be seriously pursued though is achieving a mechanism which accepts gender neutrality in terms of sexual offences and after this is achieved legalizing homosexuality. It might not be the best possible statutory provision…..but it definitely is the only option available to us at the moment to protect those who become victim to such activities, and are forced into it without consent.

And they lived happily ever after, without each other.......

In movies we have often seen love stories having fairy-tale endings, the hero getting the heroine, overcoming all obstacles and living happily ever after. Not that movies not ending on a high note are not made (they sure are, and in a significant number), but even with those films, at the very least there is a satisfaction, that the lead protagonists had at some point experienced mutual love, had had their love reciprocated with the same intensity and the same ferventness with which it was given. Many of these stories stay with us after leaving the cinema hall and come back to haunt (good haunting this one) our memories even when they are long gone.

What lay forgotten are those stories which play out in our real lives, and not the reel ones, stories where although we do love, and love dearly; but the adoration, the ardent admiration is never returned, never reciprocated, stories with not even a far-fetched possibility of a happy ending. Now, when I talk of love, I am taking the prerogative of applying some uncommonly found common sense and not counting impossible scenarios, like being deeply in love with a film-star or something, because although your stars might shine upon you, making this dream turn into reality; more often than not this is definitely not the case.

Love has universally been acknowledged as a beautiful sensation, and those who have experienced true love are considered blessed. Girls have been known to have reposed their faith in the ‘he loves me’ ‘he loves me not’ game, how so ever irrational the act seems to a bystander (or even to them at times), in the hope of finding solace in destiny, in signs and symbols; holding on to the very last shreds of optimism they can lay their hands upon. What guys do in such state of affairs is something I am not very sure about, and despite all claims of their single track mind, there is no denying that they too possess a soft heart, capable of showering boundless love and affection.

You never know when you stumble upon this divine feeling. One day you do not know that person, and the next thing you realize you might be heads over heels in love. Or maybe you have known someone for ages; you had been friends for too long, prior to learning that there was a deeper attachment involved, that this is the person you want to share the rest of your life with. Some of these tales end beautifully while in some less fortunate circumstances, even before you can comprehend that you are in love, fate plays the villain, separating you before the love has got a chance to blossom.

At times you are not able to convey your feelings to the other person, thinking “yaar itni bhi kya jaldi hai”, being afraid of being snubbed; at other times you actually face the dreaded rejection; or at yet other times (worst case scenarios) the person you have fallen for is already committed, in love with someone else. Various reactions ensue from the aforementioned situations; some are able to deal with it and move on, some get stuck to loving that very person (with or without any hope of ever getting him, the selfless love), while others who are the extremely sensitive (read weak..not that being sensitive is being weak…but that the step taken by them classifies these people as weaklings) kind take the easy way out and decide to end their lives not caring an ounce about all the others who are concerned for them.

The first and the third situation (one being welcome and the other frowned upon) are comparatively better than the second one. What can be more problematic and hurtful than dealing with the fear of rejection or actually seeing your loved one with somebody else? This would be harder for those who had come really close to winning the affections of their guy/girl and one tiny mistake might have cost everything. There are people who deal with the same day in and day out; and manage to live through it without complaining. Their chronicles are never documented, never are they given due acknowledgement, never credited for their patience, tenderness and the will to smile despite the constant pain in their hearts.

Stephen Chbosky wrote in The Perks of Being a Wallflower "So, this is my life. And I want you to know that I am both happy and sad and I'm still trying to figure out how that could be." And this is how their life is, happy yet sad, contented yet a longing for a little more…and above everything the desire to survive, to not let their emotions take control of the better part of their minds. Perhaps, these love stories end the same way as ended a novel I had been recently reading… “And they lived happily ever after, without each other”. Or do they really?!

And Yet I’d say………..Happy Diwali…..!!!

As it happens each year, this time around too people would be wishing each other a happy diwali, wanting every one of us to have a pleasant and prosperous life, praying to Goddess Lakshmi and Lord Ganesh to bestow their divine blessing upon all their friends and acquaintances, yearning that each one of us gets what s/he desires for and so on and so forth.

And like every other time, I’d be watching on at the ongoing hullabaloo in a detached manner, being not really interested in either the crackers or the prayers. Or perhaps, being a little morose this time, I’d be much more isolated from the festivities, not indulging in the only aspect of this auspicious day which I find enchanting- lighting the lamps and watching their flame shimmering and dancing away into the night. Or on another note, I might just force myself to get engrossed in the merry-making more than ever- so as to forget my melancholy and that un-nerving sense of loneliness. The second option seeming much more inviting and agreeable- to myself and to those in my vicinity.

Deepawali or simply Diwali is believed to be the festival of lights marking the victory of good or evil; making one aware of the knowledge contained within his inner self; thus dispelling all ignorance of being, a person usually suffers from. There is no need for me to delve into the details of how Diwali is celebrated or what significance it holds for the Hindus, as each of us I hope is well aware of all factual information associated with the festival; and also it is not in the least my intention to write an essay on the topic (this being a futile affair, going by the aforementioned logic).

Anyways, yet again I’m indulging in my habit of straying away from the main point and stepping onto unnecessary side-tracks. My concern solely lay with Diwali’s innate nature of driving out the misery one is facing and bringing joy to him/ her; something I am fervently hoping it would do for me. If nothing else, today I can test the truth in this faith; and at the risk of contradicting myself, I’m sure I would lose this bet, as it would brighten my day with mirth and delight, since at the very least I would be seeing happiness on the face of my loved ones…..which without a doubt is more than enough for any one. A welcome loss, to be honest!

And hence, possibly for my own contentment, shedding my various apprehensions aside (most of which are illogical beyond imagination), I, like all others, wish everyone a very happy and joyous Deepawali. Ending with Atal Bihari Vajpayee’s poem, which describes my feelings almost accurately:-
“Bhari Dupahri Me Andhiyara,
Suraj Parchayi se Haara,
Antartam ka Neh Nichode,
Bujhi Hui Baati Sulgaye,
Aao Phir se Dia Jalaye”

Temper Tantrums….

It had always been a habit…since the very childhood. My parents, grandparents and almost all near and valued ones had warned that it would cost me dearly some day. In some corner of my heart I too realized that they were right in this presumption, but despite the knowledge I took their warning pretty lightly. To be clear as to what I am talking about, I am referring to this uncontrollable urge to shout on people when angry and saying hurtful things which have the capability to pierce the other person’s heart a bit too much. As far as I perceive it, almost everyone feels this sense of vengeance when in a foul mood; but then their anger subsides once they find a let out. For me, on the other hand, let out is only the beginning for building up rage, increasing my fury manifolds with each word I utter during that phase. To top it I tend to channelize anger on one person onto another and so forth.

To be honest, reading this description of my anger, I come across as some twisted personality to myself, with what can perhaps be best termed as unaddressed mental health issues as a child. And no I’m not as convoluted as I’ve been made to sound by my own pen. When not poked and pinged in all the wrong ways, I’m completely harmless and pretty friendly and good humored too, I guess (not being biased towards myself). But again it is not altogether justified to expect to find me welcoming and ultra-pleasant when one has worked so very hard on pissing me off, a mad fit of rage must be anticipated and true to my words, that is what meets people in those circumstances. The one difficulty as I’ve already said being that this disgruntled side of me leans more towards Ares (the violent, untamed God of War from the Greek mythology) than towards Athena (his second in-command, who leans more on strategy and presence of mind). Instead of getting angry on the cause for my temper, my annoyance has a volcanic outburst, ready to burn anything and everything crossing my way.

I’m not trying to justify myself or anything, because well, shouting on someone without any fault from the person’s side can in no universe be justified. I’m just trying to introspect at the cause of my not so appreciable behavior. Of course, this sudden need for introspection stems from the same warning of my family and friends that my antagonism would cost me dearly and it truly did. However much I want to alter the situation, I find myself helpless and vulnerable. And it did dawn upon me that no amount of ‘sorry’s’ and ‘it won’t happen again’ can rebuild the situation and make the whole thing disappear as if the conversation never happened. For me, forgetting conversations comes easy……the rapidity with which I get angry, I forgive and forget with the same promptness too….but that just is not the case with everyone (something which I find out rightly exasperating and unintelligent).

But despite all my musings and self-realizations, one thing I know for sure is that this habit of mine is not going to change. Put in similar situation again, my reaction would not be much different from what it has been throughout. And hence, I would take the lazy person’s way of making a sense of chaos (Douglas Coupland) and would go on to blame someone for this fault of mine (an asset that comes easy to every Indian simply by the virtue of being one; we love to play the blame game). This would reduce the guilt, make me feel better and make no one else feel worse; a complete win-win. And best of all the process wouldn’t be time consuming, considering what Eisenhower once remarked “The search for a scapegoat is the easiest of all hunting expeditions.”

Random Musings….

C.S. Lewis once remarked “Friendship is born at that moment when one person says to another: "What! You too? I thought I was the only one”; and this is what probably happened for us. I was new to college, still trying to adjust to hostel life; never having lived without my parents before, and you obviously were new too, technically newer than me. I had been allotted a roommate, and yours was to go away to another college. I would be thankful to her throughout for having introduced us and despite being on the verge of sounding selfish, I am most happy about how the things turned out. I had suggested you a new roomie, something which you should be glad about; although you got me as a free gift along with her (an added incentive in my opinion and kind of a drawback in yours, owing to my habit of messing up the room each time you go on a cleaning spree).

There are people whom you know at the first instance that things would click between the two of you. For me, it was the same in our case. We had the same interest in television and movies, our fondness for sleeping and eating, chit-chatting at any random topic without getting exhausted, giving high-fives, jinxing, and so many other small and big things which bind us together, in spite of the various disagreements we have almost all through the day. There are innumerable things that I can write about you but firstly, words elude me and secondly, it would make you go all high and mighty (jyada tareef nahi karni chahie ek din me).

And before you are charged up and begin to consider yourself my sole karta-dharta out here, I would like to mention that I am no less fond of my other room-mate too, who I successfully managed to oust from being your official roomie (quite proud of this achievement as both of you ganged up too much to kick me out from your room earlier). But nothing would deny that without having met the two of you I would definitely have found myself lost here, a place which now seems to be home away from home.

I have heard people speak wistfully of their school friends, but have never really been able to relate to the nostalgic feeling that automatically creeps up in their voice while reminiscing these past memories. Not having had any permanent friends all my life; friendship for me was a transitory affair. This could have had two causes, one being moving from one city to another and from one school to another all my life, and the other being my laziness in maintaining relationships. Laziness most likely stemming from the knowledge that I would in all probability never be meeting those people again in this lifetime. What I am sure about though is that when these 5 years get over my lethargy wouldn’t get in the way of being in touch of you. I would end by quoting A.A Milne and the very beloved Winnie the Pooh “We'll be Friends Forever, won't we, Pooh?' asked Piglet. Even longer,' Pooh answered.” Same I hope would be true for us too.

After all this time? Always

The first Sunday of August, as most of our generation would know is celebrated world over as friendship day. Like most of us I too wished almost all my friends a happy friendship day and thanked them for being there in my life. Their presence has undoubtedly taught me a lot and their support in the various ups and downs has been of utmost importance.

But among all my friends, there was someone who I forgot to wish, or better put it as deliberately did not wish. It is not that we were not close enough so as it was easy to ignore the person simply, but things somehow turned out in such a manner that I could not bring myself to forget and forgive all that had transpired, and truth being told not wishing hurt me much more than letting go would have.

There is one question that has been eating me up, being whether this was the first and the last friendship day that I did not wish that someone or whether there are going to be several others over the years which would pass without my not taking any attempts to go forward and reconciliate. People might mistake this to be the result of my highly inflated ego (which God knows I do possess), but fact being, it is not so. I for one am ready to go back if only the other person takes the first step (for everyone gets tired of doing that at some point or the other).

Situations keep changing, but the sentiments that are attached with someone do not alter as drastically. I might have been hurt in the process, but if you ask me, I wouldn't like to go back in time and obliterate that part when we came to know each other, started talking and subsequently became friends. Things might never turn round to the way they had been…but that would never mean that the person would be any less important to me; not now not ever. Quoting Severus Snape (an all time favourite character from the Harry Potter series) “After all this time? Always”

Vikruti Evam Prakriti

Yesterday the Supreme Court of United States gave two historic rulings strengthening the rights of gay couples. In one of the decisions, it was held that married same-sex couples were permitted to federal benefits, and in the other same-sex marriage was allowed in the state of California, when the Supreme Court declined to decide a case from there. The happiness and overwhelming support which the verdicts have received in the US, by the public as well as by the President, reminds me of the much more mixed reaction which was seen here in India, when the Delhi High Court by a 2009 ruling decriminalized homosexuality as an offence under Section 377 of the Indian Penal Code, 1860.

The Delhi High Court’s decision was met with more condemnation than praise and the self appointed moral preachers of the nation saw this decision as one dooming the age old Indian customs and traditions to an era of uncouth and wicked practices. No big supporter of homosexuality myself, I still don’t find any of these protests worthwhile or correct. While speaking of how such acts are sinful and are against our social norms, we forget the sculptures at Khajuraho, Shiva Temple (Ambernath), Rhajrani Temple (Bhuvaneshwar), Padhavli and many other similar ancient works of art which involve scenes of same-sex sexuality. Also the Kamasutra (which without any question can be considered as one of the most important works on Kama Shastra) deals with the topic of homosexuality and describes it to have been practiced at many places. Though such relations are described to be wrongful by Vatsyayana, considering their deviance from the accepted procedure, the author does acknowledge that love and trust was present in these relations too. References of homosexual marriages in cases where one partner assumed the role of a woman have also been mentioned.

The Mahabharatha, the Ramayana none are void of indications towards the presence of homosexual relationships in those times. Even the Hindu Codes of Conduct, Manusmriti and Narada smriti, though admonish the practice of homosexuality the punishments prescribed are very mild…..thus stating loud and clear that despite the question of morality of the act, it was not considered to be of a criminal nature. In some versions of the Krittivasa Ramayana, it has been stated that King Bhagiratha (who is credited with bringing the holy Ganges to the earth) was born out of the union of two women.

Mythology apart, when you think of it, homosexuality was no offence before the formation of the Code of 1860 and so its decriminalization should not have been made such an issue in a country which has got more serious problems to face than this. Despite the High Court’s decision on decriminalizing homosexuality, cases can be heard of where same-sex relation was treated as an offence, if not by the law then by the community. People belonging to the LGBT community, regardless of our entire modern outlook, are still branded as being queer. This discrimination against them, based solely on their sexual preference is nothing but violative of their Right to Life as guaranteed by the Constitution under Article 21 and also of their Right to privacy.

Section 377 of the IPC dealing with Unnatural Offences, states “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment of either description for a term which may extend to ten years and should also be liable to fine.” This section is driven by the basic presumption that natural sexual act is that which is performed for procreation. Any sexual act which is non-procreative in nature thus comes to be seen as an offence under it. If consensual sex between two men or two women is criminal merely because of its non-procreative nature, isn't it only proper that any sexual relationship between a man and a woman which does not happen with the intent of procreation also be criminalized (and with all sorts of contraception available in the market, I doubt that sexual activities are always indulged in keeping procreation in mind).

Prejudice against homosexuals also violates Articles 14 and 15 of the Constitution which prohibit any kind of discrimination based on sex (which naturally extends to discrimination based on sexual preferences and orientation). Decriminalizing it as an offence under 377 does not make things all rosy for same-sex couples, as various other laws such as relating to obscenity (Section 292 IPC), The Workman’s Compensation Act 1923, The Provident Fund Scheme 1952, The Payment of Gratuity Act 1972 still display bigotry against them.

One movie I would recommend watching to everyone is Philadelphia which deals with two very controversial topics at the same time, homosexuality and AIDS (a disease which was associated with the same for a very long time). If nothing else, the film would work towards reducing some prejudice against both (and Tom Hanks is always a treat to watch).

Homosexuality very obviously considering the un-naturality of the process has been condemned and frowned upon since the very beginning of times, but what needs to be realized is that despite all the scorning, it was still accepted as an alternative even in the early ages…..and hence the unchanged or rather even worse attitude harbored by many of us even today, raises the question on whether our society is actually progressing or not.

The Rig Veda which is one of the earliest sacrosanct manuscripts of Hinduism in one of the verses says “Vikruti Evam Prakriti” which would translate to ‘what seems un-natural is also natural’. And time demands that we bring ourselves to accept this un-naturalness (or whatever we refer it as) however hard it appears at first. Decriminalization of homosexuality as an offence is no longer the solution of their problem….what is needed as of today, is the legalization of same-sex relationships in India as well, so that discrimination and inequity against them stops and they are provided with the proper dignity and respect each person deserves.

Acceptance...too much to ask for?

Amrita Pritam, as many would know was a prominent Punjabi writer and poet, perhaps most known for her poem “Aaj Aakhaan Waris Shah Nu” (Ode to Waris Shah). She won the Sahitya Academy Award for her magnum-opus Sunehe (Messages), the Bharatiya Jnanpith for Kagaz Te Canvas (The Paper and the Canvas) and later came to be awarded with the Padma Shri followed by the Padma Vibhushan. I have not been very familiar with her writings, but I do remember reading the Hindi translation of her novel Pinjar, around 6-7 years back. Being young, at that time I couldn’t gauge the complete worth of the work and now even the details of the story have pretty much faded into oblivion. Despite this forgetfulness the character of Puro is still etched somewhere in my memories and I’m reminded of her each time I read something about women being subjected to brutality. Her pain, the struggle for survival and the ultimate surrender to fate, all brought to life by Pritam; makes Pinjar one of the best piece of work on the Partition and its aftermath.

It is not Amrita Pritam as an author which I want to talk about…. in fact I am not to speak of her at all. To put it correctly, I would rather say that she is just acting as a medium to get to the point I want to make. What makes her my muse is a TV program which was being broadcasted on Rajya sabha TV, titled Unki Nazar Unka Shahar, where in today’s episode they portrayed the life of Amrita Pritam, both the professional and the personal. There is nothing to speak of her professional life except all good, but the personal life, had it belonged to a normal woman, would have been enough to raise eyebrows.

To phrase it very bluntly, so as to create a better understanding of the situation (as eloquent words sometimes cover up facts which a person wants to present), Pritam had left her husband for the poet Sahir Ludhianvi (who has to his credits songs such as Mai Pal Do Pal Ka Shayar, Chalo ek Baar Phir se Ajnabee…, Man re Kaahe Tu Na Dheer Dhare and many more). And later on when Sahir fell in love with singer Sudha Malhotra, Amrita found solace with a much younger man, the renowned artist Imroz, and stayed in a live-in relationship (might as well be read ‘in sin’) with him for the last 40 years of her life.

I am duly and truly apologetic for my choice of words here, but come to think of it, had it been another woman in her place who did not have such stature in life, wouldn’t similar reproachful sounding statements be written and said for her? If you ask my opinion, I would call Pritam to be a brave woman, who had the courage to make her life’s decisions for herself 50-60 years ago, when women would thing a zillion times before taking any such bold step. Even today, not many women would be having that fiber in them, to break the social norms and live life in the way she desires to. And hence a woman who stood up for herself and her beliefs when the society was not ready to accept them surely deserves our respect, and Pritam I can confidently say commands it. Her relationships with both Sahir and Imroz are viewed not as anything undignified, but as an embodiment of the love and adoration she had for them.

It is not true only of Amrita Pritam, but for any woman of position who lived and loved the way she wanted to. The trouble is when a woman of ordinary circumstances defies the societal rules and dares to do a similar action. The same action which would have been lauded as a path breaking effort becomes frowned upon if a commonplace girl attempts it. She is treated as a pariah, an outcast becoming the butt of jokes and ridicule. Her act no longer remains valiant rather she is a pollutant to the society, an unwelcome presence who’s living and dying has no effect whatsoever on anyone.

Despite all the modern values and approach we claim to have adapted ourselves to, it would still not be possible for us to accept a woman who leaves her husband for another man, or who has a child out of wedlock, or is living with a man without marriage, or is breaking any other similar norm (if only it was a man who had indulged in this, the society would have had no problems forgiving and forgetting; but let’s leave it for another time). A society which has problems accepting a woman who faced the most inhumane crime which could be inflicted against her, can very definitely not be found keen on welcoming someone who willingly overstepped the boundaries. And yet, when someone famous attempts it, absolution comes easy and so does regard.

Is it as simple to bend rules for a member of the same sex just based on her social standing? Isn’t it time when we need to let go of our hypocritical attitude and accept the fact that women too have desires and also the right to fulfill them. For there are many out there, not as accomplished as Amrita Pritam, but in identical situations, hoping for recognition and approval...nothing too much to ask for, is it?

Ephemeral, Short-lived, Transitory….

Flipping through the news channels, all I can currently see is news regarding the ever rising number of deaths and destruction in Uttarakhand’s ‘Himalayan Tsunami’ which has been a major cause of concern for the state as well central government since the past few days. Stories of people who managed to survive and also of those who lost their lives, or worse, are still missing are being relayed in the television and in the newspapers, making me ponder once again on the ephemeral and transient nature of life. One second you are there hale and hearty, enjoying life to the fullest and the next you are gone forever to an unknown realm from where there is no turning back.

What happens beyond the veil has always been a subject of fascination for me (not the negative kind)… the unfamiliar familiarity with the mysterious, and the desire to know what is in store after comes naturally to me (I suppose to everyone else too). The thought leaves me somewhat scared of the inevitable and yet it holds me in a trance which is hard to come out of. What use is of life and all the pains undergone to make the best out of it, when with each passing second we are moving closer only to death? No one is spared of loss and bereavement, be it friends, family, acquaintances or even role models… and also one day he loses himself to this transition, and yet we strive day and night for petty gains, trivial desires.

Uttarakhand mishap apart from being a national loss is also quite personal to me. Not that I lost someone close to me, but because this summer we (my family and I) had also planned a vacation there which was to happen sometime now. Due to unforeseen reason, the plan got cancelled and this had not gone down too well with leading me to crib and make fuss for rather a good deal of days. And now when I hear about the devastation and fatalities, somewhere deep down I am happy that I was not there… This does not mean that I’m glad about what’s happening. But naturally, I am not in the least. And yet the feeling of being safe and sound, when it might have been otherwise, does wash me over with immense relief and joy.

The damage pains me like it does everyone else and I would have been a happier person had this not been. No death ever brings pleasure, even if it is your worst enemy who happens to be the sufferer. This is one happening where all likes and dislikes get thrown out the window and people stand together supporting in each other’s hurt. It is also a surprise that those who would not see eye to eye during life can also be seen grieving together in death. This fact makes it no easier to cope up with it though, for each death you witness leaves an interminable impact on your mind and comes back to haunt you time and again.

There is no way out evidently and this is anything but inexplicable, as it is not too hard to conceive that it is with death that life sprouts. A generation needs to end for the newer one to take over. This is how it was intended to be and this is what is the most rational. And despite this, all logic fails when one thinks of the unavoidable making you wish for an escape route. I can bet on it that no one in the right mind would choose death even if he is assured of a seat in the heaven. The unfamiliar is never attractive if there is no coming back. However brave a person is, there would always be a little fear of death in him, because it is this very fear which pushes him towards life. Quoting Woody Allen would aptly sum up my sentiments towards the topic, and also every other person’s I presume “I'm not afraid of death; I just don't want to be there when it happens.”

And with this I pray for the peace all those who lost their lives and the safety of all who are struggling with theirs each passing second, in the hope to see the sun next morning.

Love Break-up Zindagi.. (The BJP-JDU Way)

They say if you live in India you can’t be aloof to three things, namely Cricket, Films and Politics. Either directly or indirectly everyone finds himself associated with them. Very naturally not all of us can be active players in these spheres, but we are still circuitously very much connected to them. Speaking of cinema first, it has been a medium to interlink people ever since its discovery…it makes us laugh and cry and undergo all the wide-ranging emotions which the character experiences, making us emulate those actions in our life. We feel for the characters and we feel for the people playing them…their joys and their sorrows all become our own. Next would be cricket, which again acts as a factor in bringing the nation together. The oh’s and ah’s when a batsman is out or when a catch is missed or the other team scores and the shouts of joy when Sachin hits a 6 or a 4 and that thrill when India wins a match…the emotions attached to the sport and the cricketers is worth a watch. People either love the game or hate it...but they simply can’t ignore the importance attached to it.

Although there no denying that cricket and films are relevant, they are not of concern here, as my focus lies on the subject of politics. There might be a possibility that one remains unconcerned about the other two, but politics- not a chance. The whole system of political parties, elections, government are anyways established for the benefit of ‘we the people’ and hence all the more reason for us to be interested in the political ongoing of our country. I would count myself among those few who are almost as little bothered about this structure as possible, and yet, today I can’t help but comment on all the hullabaloo and ruckus which is sprawled over the newspapers and television screens since the past few days. Yeah I am talking about the breakup of Bhartiya Janta Party (to be referred to as BJP) and Janata Dal United (JD(U) henceforth) after a marriage which lasted for well over 17 years. Now that’s pretty long a time to go separate ways, huh….but perhaps such is the world of politics (not to deny that our personal lives are soon turning into similar stories of splitsville too).

The newspapers, television and most importantly the social media are all splashing with stories of the Bihar Chief Minister’s ‘vishwaasghat’ against the NDA (National Democratic Alliance), the BJP and more so against the presumable heir apparent (to Manmohan Singh’s Prime Ministerial Chair), Narendra Modi. A 2003 video in which Nitish Kumar can be seen lavishly praising Modi and portraying him as the future of India has gone viral on the internet bringing flak to Kumar for being a hypocrite and backing out from the alliance once Modi has emerged as somewhat the undisputed leader of the Alliance. All his justifications about the speech being made during an official function as a customary protocol has not gone down too well with BJP (read Modi) supporters and claims of exposing his ‘duplicity’ are being made not only by the BJP and the Alliance, but by every Tom, Dick and Harry who has access to the internet and social networking.

I am not trying to make a point here, nor am I expressing support for the Chief Minister’s actions, for when you think logically, the decision does not seem any beneficial for him and his party. After a 10 year rule by the UPA (United Progressive Alliance) (with numerous skeletons tumbling out the closet every now and then in the form of a scam), the public would but naturally be wanting a change in the government now, and in those circumstances it would have been advisable to stick to the BJP, however disgruntling the NaMo namah chant would have been (for Kumar). Because as of today, unless some miracle happens and the Gods themselves come down to the aid of Congress (Khangress, as some typically anti-Gandhi Nehru family elements have begun to call it); Modi would in all likelihood be sweeping the tides this forthcoming general elections and abandoning the alliance at this stage is in the best interest of none of the two.

Honestly speaking, it really doesn’t matter to me, which among the two parties is more at loss with the split (as long as they are at one), for despite all the scams, A.Raja’s, Kanimozhi’s and Pawan Bansal’s, my vote still belongs the Congress (only problem being I don’t have one yet). But as a person who despite wanting with all heart to escape the influence of politics and can’t bring himself to that, it is a firm belief that the move on Kumar’s part was a hasty decision, and should not have been made just to spite a person and satisfy one’s ego. But once again, this is what has been happening in coalitions in the past and no evidences of it ceasing in the near future can be seen (at least not yet). Also you never know what tomorrow brings; for history shows, no fight can last too long in the power play.

Love......

This is definitely one of those topics which has been explored time and again by different people in astonishingly different ways. Speaking about it requires no prior knowledge, information or degree; even a layman would be able to aptly give a discourse on it and probably better than some very learned persons. Each one of us at diverse phases of life, has experienced this heavenly feeling in one form or the other giving and receiving it, basking in the warmth which the sensation provides.

When I speak of love it is not merely about the love of a man and a woman, not just the physical love or even only the spiritual, platonic love; but much more. I would incorporate in it the love parents have for their child and vice versa, the love siblings have for each other, the love we share with the rest of our family, the love for our friends, and not to leave aside the love for other animate and inanimate object. Each one of us caters a varying notion about it depending on the object towards which the sentiment has been directed; it can be transient, ephemeral or it might be eternal and undying.

Thinking of love, perhaps the first thought that creeps up to me is my parents…my mother to be precise but dad follows soon enough. It has been a raging battle within my mind for years as to whom amongst the two I love more and although I believe that mum holds an edge over dad, I have never been able to say this with conviction. There occur instances which make me feel that this diagnosis of mine is erroneous and yet I would love to stick to it for the time being until an instrument to measure the depths of love is discovered and brought to the market. In spite of this close fight which ensues between the two in my mind almost constantly, what would undoubtedly be more pleasant to them that were placed equally and yet I can’t seem to rid myself of a little favoritism towards one or the other.

Next in line and not very far behind is my brother, who since his childhood has been a constant companion and ally. With my father being in a transferable job, he was perhaps the only one who I could call my closest friend and till date he retains this position. He knows almost all my secrets (nothing dark in the closet, but still) and the best part about it being that he lets them remain one. I for one undertook the role of being the elder sibling quite seriously, helping him, fighting for him (and also with him), bullying away people who irritated him at school (and also bullying him). And as crazy as it sounds, I hate that he’s grown up...and that I can’t exert the same control over him that I once had. We have our share of fights, and rather frequently so, and still he remains as close to my heart as he was years ago, when his sister (i.e. I) meant more or less the entire world to him.

Then there would be my friends, who I don’t really regret saying are quite few in number. There are people who like to remain in the midst of the buzz and I on the other hand prefer to be a social pariah more often than not. This self imposed seclusion does not mean that I’m cut-off with the things going around me, but simply that I rather choose to be a bystander than being an active participant in them. I do speak to all who approach me, but they are more of acquaintances than anything else…….friends I’d say are limited and valuable. Come what may, I would never betray them for anything…for I cherish them too much to lose them. Among friends I would also count the various books which have been there for me through thick and thin, in highs and lows. My feelings for them can be summed up in a line by quoting the Namesake “That's the thing about books. They let you travel without moving your feet.” And true to this belief, books have helped me understand things, made me see the world without speaking a word and without me having to lift a feet.

And while we are on the topic of love, how can that one guy be left behind who slowly becomes the epicenter of all thoughts and actions; that special someone who gives you a reason to change yourself for him, who stands by you until the very end and beyond; he who becomes a cause of inquisitiveness for your friends and acquaintances, and thus somewhat a distress to you and yet you are unable to let go of him. Evidently I am no authority to speak on this particular topic, as I’m yet to find the person in question, and despite that I feel a surge of emotions towards that unknown individual who would share the better part of life with me. It would definitely not always be a bed of roses, but again (as it has done countless times previously with the aforementioned relations), there would be that everlasting sentiment to help sail through….there always is.

Happy Birthday Papa....

16th June 2013, an ordinary day like another and yet holding a special relevance to me. Most would know that it is the Father’s Day today, but apart from this, it also happens to be my father’s birthday. Come to think of it, most of the times it is hard for me recall my own birthday...and yet there are some days which are significantly imprinted in my mind, papa’s birthday being one of them. It obviously happened many years before I was born and logically speaking since I was not there to witness the event, it shouldn’t be as important to me. And despite this, somehow 16th of June seems to hold an unusual place in my heart, same as my does my mother’s birthday and their anniversary.

The only plausible reason I can gauge for this is that I owe my being to these dates. It is only coz of my parent’s birth and their subsequent marriage that I live and breathe; and that I think would be the cause of my fascination with these days. This year the coinciding of 16th with father’s day makes it all the more momentous to me.

Father’s Day as per Wikipedia is ‘a celebration honoring fathers and celebrating fatherhood, paternal bonds, and the influence of fathers in society’ and ‘was inaugurated in the United States in the early 20th century to complement Mother's Day in celebrating fatherhood and male parenting.’ Although if you ask me, I really don’t feel that there was any need to dedicate a specific day to honour fathers, or even mothers (not because it is not worth it, for of course it is). No day can really denote and represent in totality what the parents are for a child and what the child is to them; and nor can showering love on your parents for one single day of the year make up for all those other days when you might have neglected them. And regardless of this moral preaching, I am not in the least immune to the trend.

Moving on from dates and days, lemme now speak on the man whose presence makes them worth speaking about. All of us without a doubt love our parents a lot (not speaking of some less fortunate ones) and I’m no exception. When I think back to my childhood, the first memory of papa which comes to me is him carrying me around, while I stood on his feet and the next would be him and mummy singing lullaby’s together for my brother and I. There are many others which flash before my eyes in a jiffy, overwhelming me with all sorts of emotions entangled together. These are moments when I’ve loved him to death and also simultaneously, instances when I’ve hated him with the same intensity. Loved- that is understandable after all I’m talking about my dad; I am bound to love him obviously. But it is not just this social binding which makes me love him; it has more to do with the sort of a person he is, kind-hearted, generous, intelligent, caring and the list goes on. (I won’t dwell deeper on it, as coming from me this might sound more of a self-praise than anything else.) Hatred- now this is not something about which I should be proud of, and I clearly am not. Harboring such negative emotion towards him, even for a second has been a mistake, a grave one at that. Albeit on second thoughts, each child during his/her growing period must have gone through these phases of revolts and rebellions, all without a cause; and each of them must have regretted it in the same manner as I.

Dad has definitely always been the best father I could have ever dreamt of...I on the other hand have never quite been the daughter he would perhaps have wanted. And despite all my imperfections, temper, laziness, lethargy he does not love me any less. Sometimes I even feel he loves me a little more than my brother, a fact which is denied fervently no doubt, but (sorry Addy), the denial does not make it any less true.

They say that a father is his son’s first hero, and daughter’s first love. All I would like to say is that for me, dad is not simply my first love but also very well fits the bill of being my first hero (perhaps the last one too).

There would be many more father’s day and many more birthdays, but for this once, I want to make him a promise, a promise to fulfill all the dreams he has seen for me, all the aspirations he has catered since the day I was first placed in his arms, a promise to achieve what many would deem unachievable. And though I’ve been told many a times by dad himself that I shouldn’t aim at attaining something just because he wants me to, I don’t think any accomplishment of mine would be devoid of a desire to first please him……after all at the end of the day I would always be Daddy’s little girl.

Man Re...Kaahe Tu Na Dheer Dhare........

With end term examinations fast approaching, like any sensible person, I should have been stuck up in some corner of the hostel with a book in my hands, mugging up the innumerable topics that have inconsiderately been included in the never ending course. But no! What I am actually busy doing is listening to melancholic love songs and mulling over something which should otherwise have had no effect whatsoever on me. (Wait, love songs do not mean that this write-up is about a heart break or something……definitely no. My heart is very much with me and in one piece, thank you very much.)

So getting back to the point, I was not indulged in the activity which was expected of me and was lost in another sphere with countless thoughts reeling in my mind- thoughts about love, thoughts about life, thoughts about friendship, thoughts about hurt, thoughts about anger, and thoughts about this immature guy who with his absurd behavior had triggered this entirely worthless array of thoughts.

Who was this guy to me— and the answer rolls off the tongue without second thoughts – absolutely no one. Did he hold any importance?? Did I care?? Puhlease! These questions in themselves sound ridiculous. Why would I? He did not matter to me, not even a teeny weeny bit. He was just an inconsequential person who due to my failure at doing something more fruitful had occupied the otherwise empty quarters of my brain; the only problem now being, he was refusing to buzz off. It’s not that I did not try, that I did to the level best. Went out for a walk, took a shower, watched an episode of my favourite sitcom, read a page or two of a novel, and even opened the history notebook and counted the number of chapters that would be coming for the exam; and darn me to hell; nothing worked. What was about this person which had made him a permanent guest in my otherwise very peaceful and un-happening life! He was no Shah Rukh khan or Tom Cruise which would have made me go all gooey over him, nor was he among the likes of Brad Pitt or Zac Ephron who with their uber hot appeal had made me swoon and go weak in my knees whenever I watched then on the television or laptop screen, neither did he possess that massive intellectual prowess (the kind which Cleopatra has been known to use to her advantage to seduce her men)……..and yet here he was in all ordinariness capturing a large part of my mind.

As I was involved in my own world, I heard my room partner calling out to me, asking me to explain the ‘garden leave clause’ to her, and thus breaking the chain of thoughts that had engaged me for quite some time. Out and about from the la la land, I picked up the Contract book and tried to clear her doubts. And whilst doing so it suddenly occurred to me that this guy would definitely not be the one who would be writing my papers for me. Sadly enough, I would have to do that myself…..(oh! how I wish there was a way out.) Pushing him to the backburner, I got up and picked up the history notes once again and started going through Pitts India Act of 1784 (mugging up is such a torture).

The guy would be popping up in my thoughts every now and then, after all, any day he was a better topic to think over than why these Englishmen attempted judicial reforms, when they made the same mistake each time they tried. But despite being a more fascinating subject he’d have to wait, since I had no intention of failing and repeating the semester. Hopefully the exam pressure would consume me and I’d forget all about the episode and the desire to know why I wasted so much of my time on him would slowly subside. Because as Thomas Gray brought to the world’s notice ‘ignorance is bliss’, pure and unadulterated bliss if you ask me…..and hence, some things are oft better left unsaid and undone.

Audi Alteram Partem

16th December 2012 rings a bell in the minds of most of the Indians. It brought forward one of the most vicious and inhumane faces of our society when a 23 year old girl was brutally gang raped in Delhi. Thirteen days later the girl succumbed to her injuries while undergoing treatment for brain and gastronomical damage in Singapore.

Although hard to believe, this inexcusable and nasty offence also seemed to a have a bright side to it. People came out of their houses to protest against the sad state of affairs in our country and against the atrocities faced by women. The words Jagriti, Amanat, Nirbhaya and Damini became synonymous with the girl, who lost her life to one of the most sadistic offences imaginable, and became a wake up call for the society, as well as for the government.

In continuance with this social phenomenon, the Saket Bar Association openly stated that ‘none of its members would defend the men accused of the crime that united India in anger and grief, corroborated by large protests in cities like Delhi.’ Their refusal was approved of and was lauded by the people and also by the media. None denied its praiseworthiness and flak was drawn towards those who came forward to defend the accused. Such an act however ethical it might have seemed to a bystander, in truth, was perceived by me as a blatant and absolute misconduct and breach of professional ethics.

It was not for the first time that such declaration, of not defending people guilty of committing heinous offences, was being made. Earlier during the trial of the Mumbai terror attack, not only the lawyers from the Bombay bar association refused to represent the accused, but the bar association also passed a resolution banning the lawyers from taking up the case of Ajmal Amir Kasab, the lone militant arrested in the Mumbai terror attacks. Abbas Kazmi, the lawyer who was appointed to defend Kasab, faced accusations and had to seek police protection. One of the most eminent lawyers in India and former Union Law minister, Ram Jethmalani, has also faced criticism, both by the public as well as the legal community, for defending the accused in various high profile cases like the Indira Gandhi murder case, Rajeev Gandhi murder case (2011), Jessica Lall murder case, among many others.

In the Delhi rape case, the lawyers are not only publicly refusing to defend the accused, but are also protesting against those who took up the case, calling them ‘publicity seekers’ and allegedly creating ruckus in the courtroom, which forced the Hon’ble Judge to retire to her chamber.

The public is in support of this decision by the association and is happy with the hostility being shown towards the lawyers defending the accused. To them, the defense counsel in this case, is as much a party to the offence as the six people who have been indicted of committing it. Being governed by their sentiments, these people are forgetting the widely acknowledged legal principle Ei incumbit probatio qui dicit, non qui negat; ie; innocent unless proven guilty. The burden of proving the guilt of a person lies on the state and this must go through a proper process of presenting all the facts and examining each witness and evidence carefully. It is not for social media, blogs, and news channels or even for the police to establish a person’s guilt unless the evidence has been tested in a Court of Law. For this procedure to be carried out in a proper manner the primary criterion is that both the parties get a chance to present their facts before the Court. The maxim, Audi alteram partem, which stands for ‘hear the other side’, comes into play now. It is most frequently used to refer to the opinion that no individual ought to be judged lacking a fair trial in which each party is provided with the chance to counter to the substantiations in opposition to them. This maxim is considered one of the principles of natural justice, which are the most fundamental doctrines of the legal system in almost all democracies. Keeping the same in mind the Constitution of India under Article 22(1) provides that an accused shall not be denied the right to consult with, and be defended by a legal practitioner of his choice.

It is to uphold this very tradition of the legal system that the law provides for free legal aid to an accused who cannot appoint a counsel for his defense; a fact which has been reiterated in cases like Khatri and others v State of Bihar and Hussainara Khatoon and others v State of Bihar. The Hon’ble Supreme Court in Hussainara Khatoon held that "the right to free legal service is clearly an essential ingredient to a reasonable, fair and just procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21 and the status under constitutional mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so required."

Although seemingly impossible in the case at hand, it is quite probable that an innocent person might get framed for an offence s/he is not guilty of. It would, in no universe be justified to punish that person in the absence of a fair trial, only to appease the public sentiment. There is no dearth of cases in which the innocent were punished, even executed, due to the lack of proper investigation. Some notable among them are Wayne Felker, Thomas and Meeks Griffin, Timothy Evans, Derek Bentley, Quysiletu, et cetera. If one of the parties does not get legal aid to put forth its arguments and an in absentia decision is passed, it would make a mockery of the legal system of our nation.

More so over, a lawyer is not allowed the liberty of flowing with the mob mentality. It is his duty and the obligation towards his profession to take up a case which comes to him, without caring about how it affects his reputation. The Bar Council of India under Section 49(1 )(c) of the Advocates Act, 1961 says that ‘it shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other. He shall defend a person accused of a crime regardless of his personal opinion as to the accused, bearing in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence.’ This in no way means that he is not allowed refusing to take up a case, but he is barred from speaking the fact out loud and proudly proclaiming how he fulfilled his moral obligation.

When a lawyer states publicly that he won’t defend a particular person, and stops others from taking that case either, he does nothing but cheat with his profession. And when we commend him for this act, instead of condemning it, we too do nothing but cheat ourselves, our society, and the values enshrined with it. What example do we set if we fail to comply with the judicial requirements put forth in the law? Guilty or not, a person has the right to argue his case and be represented in the Court. Once we make an exception from this due process and punish someone, even though his guilt is prima facie established (as with the Delhi rape case), all we would come across as is a failed democracy, a barbaric nation. As a law student, it is my firm belief that such an action of ours would be as heinous as the crime committed by those who dared break the law. The offenders raped that innocent girl, and we would be doing nothing short with the law of the land.