Saturday, December 14, 2013

Supreme Court Judgement re Sec.# 377

 Supreme Court on Wednesday passed judgement overturning Delhi High Court Judgement declaring that Sec 377 (Which Criminalises Homosexuality) is not unconstitutional. LGBT community which had gathered outside to celebrate favourable judgement was shocked,dismayed and angry. The ballons and placard were repainted in Protest Slogans.Political Parties jumped into fray. Sonia and Rahul Gandhi declared disappointment and promised to overturn the Judgement by either Curative or Review Petition in SC, or Changing the Sec 377 by amending it in Parliament or by Amendment.Other Political parties supported this except SP,which is vehemently opposed to amending it. BJP maintained complete silence.NaMo did not tweet anything about the judgement.They were taken by surprise as they believed-like everyone-that Delhi HC judgement will stand and they will not have to take call. Mr. Chidambaram said that with the judgement India has gone back 200 yrs. But there are certain points which are troubling.

If the Judgement were to be in LGBT community's favour and had opponent mounted similar vociferous protest than we would have told them to respect SC judgement and abide by it.

If SC judgement is to be overturned by Amendment than what is wrong with Rajiv Gandhi overturning SC judgement in Shabano Case ( Remember Muslims were protesting that it was against Islam and Shariat), Govt. bringing new law with retrospective effect in Vodafone case and Govt. passing a 'Nonsense' amendment re Criminals in Public life. If tomorrow aggrieved party mounts huge multi-city protest against SC judgement, will we amend the law? How this support to LGBT cause is not vote bank politics? TOI has hinted as such in it's Editorial,advising Congress to use it to regain foothold in youth voters.

In democracy we are governed by rule of Law. SC is highest judicial authority to interpret/arbitrate law or an Act. If we don't abide by the SC judgement than Democracy cant function. There will be Anarchy.

If Sec#377 is Archaic,please change it by bringing necessary amendment in Parliament,discuss it, and pass it after due deliberation. The argument that some political parties will not allow it to pass,is denying their voters democratic right to influence laws passed by Parliament. Taking shortcut to appear progressive is dangerous for our Democracy.

Disclaimer: I am absolutely comfortable with Homosexuality.I just accept it as sexual preference. I don't believe it is a disease. I dont know there is any cure or it needs curing.I am all for Gays and Lesbians to have live in relationships,get married,adopt children,divorce,face domestic violence and believe that they have equal right to be as miserable as rest of the society.

Sunday, October 13, 2013

Is Suicide a Criminal Act ?

  News item that Suraj  Pancholi was arrested and remanded to Police Custody under Section 306 for Abetting Jiah Suicide has once again focused need to look at this section of IPS. Is suicide a criminal act? Suicide is committed by a person who is either severely depressed or has psychological disorder. He or she required counselling and treatment. Prosecute someone for Abetting is foolish. What the Abettor is suppose to do? Agree to whatever the person wanted? To prevent suicide by Jilted Lover, should one continue the relationship or get married? Then whom should you arrest for abatement when Failed student dies? Teachers or Examiners?  This week court awarded sentence of  Jail for 3 years,to a married School principal for abatement of suicide committed by his lover. He told his lover that he had permission from his wife to marry her. When she was told that wife has not agreed to this ,she committed suicide. Did  he want her to die? we dont know that from the newspaper report. Did he have any  motive to encourage her to commit suicide ? This law definitely needs another look.--P.K.

Friday, May 31, 2013

Match Fixing in IPL

   The uproar about Match-Spot- fixing in IPL among cricket fans is difficult to understand. All teams are Privately owned and even if I have lived or living in Mumbai, Membership to Club 'Mumbai Indians' is not open to me. It is Neeta Ambani's Privately owned club. I have no stake in club except that it is using name 'Mumbai'. What happens to club or its position in IPL tournament is or should be of no concern to me or any other Mumbaikar. mr. Lalit Modi has created IPL with only one  purpose- Entertainment. Thats why all this Glamour, Cheer Girls, Celebrities etc. but purpose is same. A place where cricket fans can spend 3 hrs enjoying cricket instead of going to a movie or Lounge Bar.

   Though model is based on Teams playing Football,Basketball,baseball in US, or  Football-Soccar- Clubs of  Europe, fans are not supposed to be part of the club (Team). They are merely paying Spectators. So, as long as there is Entertainment, one should not bother about which team wins a match or Championship as Loyalty to a team is not part of the equation.

   In this scenario  Match Fixing is of no consequence to Cricket Lovers. Police has to investigate as Betting is  illegal in India, but there is no Criminal act of cheating as far as IPL or Crickt is concerned. Did we bother about Dara Singh and Randhava ( Relatives of Vidu Dara Sing) winning all those wrestling matches against King Kong, and masked something or the other at Vallabhbhai Stadium near Haji Ali? We all knew that these matches were fixed as they are in WWF. It is for entertainment only. May be all these Reality Shows on T.V.  are fixed.  US producer of quiz show is on record in Court Case that these shows are for entertainment purpose only and are scripted to create sense of competition to increase TRP. Even in quiz shows answers are sometimes provided.

  In India, sport which has Legalized betting is Horse Racing.  Every now and then we come across news item that Horse is doped or Jockey has thrown the race by restraining favorite. police doesn't get involved. It is managed by Race Club. They have committee to investigate and punish the guilty. None go to Jail. They are merely suspended from Racing for few races or a season.

  Only thing this match fixing saga has achieved is to take away our attention from more urgent problems of Governance and Corruption. We are chasing shadows and Tilting at the Windmill.