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Bazinga: Emerging dilemma as SC stands for ‘equality’

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If there is one institution that people see as something that is truly beyond reproach and has the integrity to do what is right, it is the Supreme Court. The hallowed chambers of this court are a place where the right to equality is truly sacrosanct. In light of the media spectacle surrounding the verdict on Section 377 and the condemnation of the entire world that accused the Supreme Court of being out of date, the court decided to answer its critics. The SC has decided to do away with standards of reasonable doubt and remove conventional defenses such as self defense and the insanity plea. In the spirit of equality however it has decided to impose these on everyone equally. The court believes that this move ensures that nobody can now claim that the moves of the court were illegal or against the notion of equality.

1)      The ‘it is not natural’ defence

The idea that anything or anyone unnatural go scot-free is something that the courts are not okay with. Hence they have decided to crack down on all those who defy natural and stray from the natural order. Under this, all individuals with hearing aids, prosthetic limbs, wheelchairs, breast implants and artificial joints can now be prosecuted. This is a bold move that ensures that individuals do what is natural and avoid any sort of deviant behaviour.

2)      The ‘it is against our culture’ defence

The SC believes that we must hold our culture on the highest possible pedestal and the law must take the backseat. With the cultural fabric of this nation withering away and the youth getting drawn to the ways of the west, the courts decided to take a stand. So people can now be held criminally liable for listening English music, going to modern hospitals rather than babas who practice ayurveda, not wearing ghoonghat or putting sindoor and commiting any other act that is not compatible with Indian culture.

3)      The ‘Baba Ramdev said it’ plea

This in essence is the replacement for the ‘Insanity Plea’. It’s not just limited to Baba Ramdev, rather all Yoga teachers turned moral experts turned political activist preachings are admissible in a court of law as evidence.  In accordance with this all schools shall no longer be teaching sex education, rather Yoga education is going to be the way forward. As per this law everything any baba says is true and sacrosanct and forms the fabric of our otherwise immoral society. As a result of this plea, Asaram Bapu and his son have just been released from jail. Also the system of community service has now been removed and all homosexuals can go to Baba Ramdev who claims to have found the cure for this deviant behaviour.

4)      The ‘religion’ appeal

The SC believes in equality and upholds the idea of secularism. In keeping with this spirit the SC decided to bring back the ancient religious laws. The first step was a historic one and ensures that all atheists are now criminals that can be imprisoned for life. All views that defy religion like abortion, use of condoms, committing one of the seven sins and many other such views are now regarded as illicit and criminal views that go against the state. Also the punishment for these acts will be decided by religious leaders and not the SC , so sharia law, crucifixion, sati are now all fair play.

5)      The ‘it is a disease’ defence

Many opponents of the LGBT community felt that not being straight is a disease and hence it should be criminalized. So in keeping with the court’s strong belief in equality it has decided to criminalize all people that are sick. Basically all individuals that are disabled or terminally ill can now be sent to jail.

These moves by the courts will surely make a statement. The SC also felt that people are actually getting more offended by the tag of being called a Criminal. They feel that many great leaders are criminals in this country and they continue to live their life normally. So why is the LGBT community getting so offended by the criminal tag. It’s time that they take inspiration from the many criminals of this nation like Salman Khan and live life to the fullest because all men are equal in the eyes of the law, even criminals.

Editor’s note: Bazinga is DU Beat’s fake news column. This piece is supposed to be a satire and is not aimed at offending supporters of the LGBT community. If in case you are not a supporter,  it was surely written to offend you.

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If Sexuality Were Celebrated

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If sexuality were celebrated, and people were free to choose their partners from whichever sex – gender roles would diminish. The concern over who will make the sandwiches and who will earn the bread would be nobody’s business. If sexuality was celebrated, comprehensive sexuality education would be the norm – children would be given the space to discover who they really are and teachers would be comfortable using words like ‘masturbation’ in biology classes.

If sexuality were celebrated, same sex couples would be choosing to marry (or not marry) on their own terms and families and friends would love them for it. If sexuality were celebrated, government forms wouldn’t ask us to choose between ‘male’ and ‘female’. If sexuality is celebrated, more and more famous people would speak about their own. If sexuality is celebrated, section 377 wouldn’t exist.

If sexuality were celebrated, marital rape would be punishable and recognized in a court of law. A woman wouldn’t be the property of her husband. Heck, she may never have a husband! If sexuality were celebrated, self proclaimed God men who see homosexuality as a disease would be hiding their faces and publicly apologizing to all of us. If sexuality were celebrated, honour killings wouldn’t happen – marriage would be a personal choice which we would all be free to take as and when we wish. If sexuality were celebrated, the Supreme Court of India would first look into the several pending cases of sexual assault and discrimination (many of which are against Judges, lawyers, police and government officials) before even thinking of attending to an appeal as regressive as de-legalizing ‘gay sex’.

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If sexuality were celebrated, one’s homosexuality wouldn’t be one’s primary identity – a ‘gay’ doctor, a ‘gay’ lawyer, a ‘gay’ artist would simply be a doctor, a lawyer, an artist. If sexuality were celebrated, many of us wouldn’t be criminals in our own country today. If sexuality were celebrated, desire and passion would be good things, and people wouldn’t be made alien to their own bodies. If sexuality were celebrated, the word ‘gay’ wouldn’t be used as an insult, or to refer to effeminate behaviour by men (as if being feminine is an insult in itself!)

But then again, sexuality is more tabooed than celebrated and we still live entrenched in a patriarchy that separates us from ourselves and where every desire is colonized and repressed. Not only does the Indian state today control our food, water and electricity, but who we’re having sex with and what ‘legal sex’ is. Sex today isn’t simply seen in terms of pleasure – an activity between two consenting adults, but an activity strictly limited to a man and a woman (preferably married), belong to the same religion, caste and class. Anything – absolutely anything – disrupting this is against the law. When I see it this way, the Supreme Court ruling that read own the Delhi High Court judgement that decriminalized homosexuality doesn’t come as much of a shocker.

But the fight for free love and free sexuality continues. Even in dire disappointment, this is an opportunity to press for progressive laws and subsequently, progressive mindsets. This is our opportunity. Don’t lose hope. Keep your faith, continue your fight.

Image credits: Pallab Deb

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DUB Speak

How ‘free’ and ‘independent’ is our University?

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Our country has been independent of foreign rule for 67 years now. We’ve been fortunate enough to grow up in an India whose laws and policies are made by its own people. We’re even more fortunate to be a part of a small section in India that can read and write. And while we’re counting your blessings, maybe we should also consider ourselves lucky to be part of a miniscule population of young people in India who are able to manage a decent University level education. Now that we are thinking along these lines, lets think about what it’s like to be part of the ‘best’ University in India. Think about what we really know about the University of Delhi. How ‘free’ is this University we go to? How ‘free’ are we?

Are we free enough to choose not to study a particular language to match up to a certain standard of ‘Indian-ness’? Are we free enough to walk up to our Vice Chancellor, tell him we don’t agree with him? Or even our Principal? Are we free to decide what papers are ‘foundational’ to our Undergraduate education? Are we consulted every time there is a fee hike? How many protests have made a difference? How many of us actually care enough to participate in the Student’s Union elections – possibly our first experience of active democracy?

What is freedom to this University if something as essential as a new syllabus is made without consulting a body of teachers who have been teaching the subject for half their lives? What does technology mean to students who don’t even have enough chairs and tables in their classrooms? We’ve celebrated Independence Day in most colleges of the University, we’ve garlanded statues, remembered martyrs, but we’re not even slightly aware of what this freedom is meant for.  We – the future of this country; we – the torchbearers of the best university in the country; we, belonging to a University famous for producing the greatest contemporary thinkers this country has seen.

Freedom obviously comes at great cost. Its funny how being from a privileged, educated and well read India, many of us still haven’t been able to experience what it really means to be free. Many of us may never know.  The very establishment of Delhi University in 1922 took place as an attempt to free young minds of the country. 67 years after achieving formal freedom, it’s only upsetting this Grand University is being colonized by its own officials. From the Four Year Undergraduate Programme to the DUSU Elections, from hunger strikes to petitions and memorandums – teachers, students and administrative staff have no reason to celebrate freedom, no reason to feel free in a space ‘’where the mind is meant to be without fear, and the head is supposed to be held high.’’

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NaMo: Substantial work or intelligent PR?

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Be it Rs 5 ticket to hear NaMo in Hyderabad or the Rambonomics of saving 15,000 persons during the Uttrakhand calamity, recent developments have underscored Modi’s position as first among  equals for the prime-ministerial post in the opposition Bhartiya Janta Party, for the next year Lok Sabha elections. His style of governance and vision polarises and unites the people across various sections in India, alike. Modi, an ardent orator with a right-wing bold approach, rose with the staunchly rising middle-class in India.

‘India- from a Nation of Snake-Charmers to a Nation of Mouse Charmers’- is one of the few quotes that appear at the top on Narendra Modi’s website. At the top of the home-page of Narendra Modi’s website, there are options like, ‘Write to Narendra Modi’, ‘Request an appointment’ and ‘Invite the CM to an event’. It seems, Modi is reaching out to his fans and followers like none ever did. Modi was in campaign mode prior to recently being appointed as the chairman of the 2014 Lok Sabha Election Campaign Committe of the BJP. In the face of Advani’s opposition to Modi’s elevation, Rashtriya Swayamsevak Sangh (RSS) stepped in to support the move. Since then, Modi has been on a campaign spree.

‘I am nationalist. I am patriotic. I am a born Hindu.’ Modi replied in a recent interview to the Reuters when asked about, who the real Modi is that people want to know.  On the goals the next government should achieve, Modi said that it would need to give people confidence, it should build the trust in people. Moreover, he said that polarisation in a democracy is bound to happen, citing the American example of polarisation between Democrats and Republicans.

The ghosts of 2002 Gujarat riots, that killed more than 1,000 people, mostly Muslims, continue to haunt him. He told the Reuters that religion should not be an instrument in the democratic process. He says, “For me secularism is, India first.” Still, his secular credentials haven’t many takers. Though, Modi is the biggest crowd-puller for India’s main opposition party, he appears to be a more divisive figure rather than a uniting one. This fact very well embodies in the reluctance of major National Democratic Alliance (NDA) coalition partners in supporting Narendra Modi. Janata Dal United (JDU), a key regional ally, has already cut-off its ties with the BJP. Shiv Sena, another major NDA coalition partner, has also shown its resentment after Modi’s elevation.

Modi’s marketing tactics can give even the best PR and marketing agencies of the country a run for their money. Though, Modi out rightly denies having PR agency, there is an army on social media projecting him as the unmatchable achiever. Modi is reigning supreme in terms of twitter followers, recently moving ahead of Congress leader Shashi Tharoor. After SRCC, Modi recently visited Fergusson College, Pune. Modi, with his aggressive and bold approach, strikes a chord with the youths.

Most recently, a website narendramodiplans.com was taken down after it offended ‘certain people’ of the society. The website has more recently been started again by two people. They say, “There used to be a site on this domain which came under controversy and was deleted. We found this domain orphaned and thought that ideas must not die out of fear. We have no idea what was on the site before, except that it pissed off a lot of people. We are not averse to adding any ideas you have here. Shoot them off to [email protected] We don’t mind offending a few.”

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The American Dream

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The bustling streets of New York. The decadence of Los Angeles. The allure of Las Vegas. Yes, most Indians have a mini emotional drama when thinking about the United States of America. This deep rooted obsession with the land of the whites raises yet another question, ‘why are we in such a hurry to live the American dream’, ‘why is it so important to replace New Delhi with New York?’

Since the dawn of mankind, every decade, one Homo Sapien has done something innovative and the others have followed suit. And so, many years ago, one smart ass decided to ditch the Indian soils for the virgin land overseas and ever since then every Indian has been fishing for his golden ticket to the wonderland of America.

Is it the cleaner roads, the so called better infrastructure or just the thrill of rolling your ‘R’s to infinity? Whatever be the reason, India can’t get enough of America. Our directors run off to America every chance they get, just to make a love story that would have been just as pathetic if it was shot in Nehru Park as it did in Central Park. The rich Indian ‘elite’ can’t bear the thought of having their children study in mediocre Indian colleges but they have no qualms with packing them off to down trodden American ‘schools’. The superstars who’ll throw the biggest tantrum if asked to arrive at an inauguration on time don’t mind waiting in line with the other junior artists for the most insignificant role in the Hollywood biggies. And, most importantly, we can’t wait to flaunt the six packs and the bikinis on the beaches of Miami when we haven’t even seen the breath taking backwaters of Kerala!

India has seen the most phenomenal growth in the past few years and true, we have our ups and downs but all said and done, an Indian can never feel more at home than India. Even though America is a gold mine, there are somethings that an Indian cannot experience in on any other continent- getting wet in the rain and then getting stuck for hours in traffic with your closest friends because of water logging, eating bhel puri (not the packed one, but the roadside one), bargaining at Janpath to buy things you don’t really need and countless experiences such as these! But again, not to sound one dimensional and maintaining the tempo, India has its credentials too. The economy, which is kind of brackish at the moment, is bubbling with opportunities. Anyone who wants to start afresh, this is the place. We have the most beautiful women in the world (and no, I don’t just mean Aishwarya Rai). We have some amazing colleges (the top ones, that is)-actually that’s the thing, we have a certain amount of good colleges and twenty students vying for one seat, so if you make it, kudos! And most importantly, we are young (no, not the statistics that state India has a huge workforce on the younger side). I mean, we’ve just started. We can devote the next fifty years to doing things our way! We have a value system, some moral standards and if something is disagreeable, change it. You don’t like unpunctuality-great, be ten minutes early. You don’t like the littered roads, then stop throwing those wrappers on the streets!

After over six decades of throwing away the tag of being a colonial state and after three decades of realizing that the politicians are useless, it is, perhaps, time to be the change instead of asking for it. It is the era of Indian dreams!

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The Different Shades Of Holi

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India is known as a vibrant land, with its different cultures and varied ethnicities. Standing true to this is our country’s most colourful festival, Holi. With this eventful day just around the corner, be prepared to brandish that lethal pichkari at anyone who dares to attack you with a water balloon grenade.

Most people associate Holi with Holika Dahan, or the defeat of the demoness Holika. According to Hindu mythology, she was trying to kill Prahlad, the son of her brother, who was the almost indestructible king Hiranyakashyipu. An effigy of Holika is burnt on the eve of Holi as symbol of the triumph of good over evil.

Owing to the diversity of India, even festivals are not spared when it comes to celebrating them in unique ways. Initially restricted to the northern belt, over the years Holi has reached all parts of the country. As the festival traverses from one region to another, there are perceivable changes in the way it is played. In some cases, the name changes too. One such example is Rangpanchami, the name given to Holi in Maharashtra. As indicated by the name, people wait for the fifth day to apply colour on each other. It started out as an extremely popular festival amongst the fisher folk before spreading to the masses. Known as Shimgo in Goa, Holi indicates the arrival of spring. Playing with bright colours and water is often followed by a heavy meal consisting of a spicy chicken or mutton curry called Shagoti and sweets.

One of the most enthusiastic Holi celebrations can be seen in the states of Uttar Pradesh and Bihar. In some areas, men and women stand on two different sides, representing Krishna and Radha, and if a man is captured, he is made to dress like a woman and dance for everyone. In Haryana, Holi is usually a battle of the sexes. The Bhabhi or the brother’s wife gets to bully the Devar, or her husband’s younger brother. Things change slightly in Punjab, where it is given the name Hola Mohalla. This is an annual air, a practice that began during the time of Guru Gobind Singh, the tenth sikh guru. Holi is celebrated over three days here, with activities such as Bareback horse riding, standing on two speeding horses, tent pegging, etc are seen as acts of valiance.

Basant Utsav refers to Holi in West Bengal. Here, holi is played with a lot more dignity, and is a symbol of the onset of spring. This is due to its inception by Rabindranath Tagore at Shantiniketan. Another version of Holi played in this region is Dol Purnima or the ‘Swing Festival’. Children dress up in Saffron and wear garlands while they dance to the beats of drums. Idols of Krishna and Radha are carried in a palanquin around the city, making for a colourful and joyous procession.

Holi, with Tamil Nadu celebrating a version called Kaman Pandigai, is the perfect indication of how not all South Indian states are spared from its spell. This festival is named after the lord Kaamadeva, or the god of love. The legend states that Shiva burnt Kaamadeva to ashes when he tried to shoot an arrow of love at him while he was mourning the death of his first wife Sati. Kaman Pandigai celebrates the rebirth of Kaama when Shiva realises his mistake and brings him back to life.

Whichever part of India you might live in, it is hard to escape the clutches of this highly energetic and addictive festival. If a bunch of cheeky kids attack you on your way to college, rendering you completely wet, don’t lose your cool. Bura na mano, Holi hai.

Picture Credits: holifestival.ind.in

Vishakha Darbha

[email protected]

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The Great Indian Tolerance Deficit

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“No, it is not a surprise that a person would want to be a prophet. What’s ridiculous is that other people let him. It’s just too easy to start a religion. All you have to do is: A) Think up some really powerful stupid shit. Some stuff that is so idiotic and weird that a person who believes it will be proving that ultimate virtue of faith; B) Throw in some entitlements like life after death, washing away sins and free dental or whatever; and, C) Wait. Just wait. Just say your bullshit and stick to it. Believe me, if you do that, if you just say it, they will come.” This dialogue, from the 2008 Bill Maher documentary Religulous, ticks all the boxes of being a full blooded blasphemous comment.

In fact, it would be a close contest between this and “Religions are maintained by people. People who can’t get laid. Because sex is the first great earthly pleasure. But if you can’t get that, power is a pretty good second one. And that’s what religion gives to people. Power. Power is sex for people who can’t get or don’t want or aren’t any good at sex itself”, as being labeled the most depraved. When Religulous was released in the US in 2008, it received the usual criticism for being offensive and not sparing any divine entity. What followed was vociferous debate and frenzied arguments over the content of the documentary. Ex-ante, the State was not struck by a cultural paralysis and the imposition of a gag order was not deemed necessary. Moreover, violence was much out of the question. A few stray petitioners seeking a ban on the film were inevitable, however, no political appeasement happened and freedom of expression triumphed.

On the other hand Visions of Ecstasy, a short film featuring sexualized scenes of Saint Teresa with the body of Jesus on the cross, was not let off that easy. It was banned in 1989 in the UK under the offence of blasphemous libel. It was only in 2008 that UK repealed its blasphemy laws and the film released in 2012 with an A certificate. It is highly unlikely that in this period of 23 years divine intervention propagated the film’s cause. Divine beings remained where they were and faith remained where it was. Perhaps these 23 years saw spiritual eroticism as the next big thing in entertainment! Whatever might be the real reason, I am inclined to believe that either an evolution of sentiments occurred or people channeled their frustration towards more tangible things like lambasting existing sexual offenders.

Now bring in the most populous democracy of the world with its idealistic constitution. The burgeoning hub of technology; youth empowerment and feminist movements; an entity upholding secularity, tolerance and freedom to express. What is exceptional about the country however, are the sentiments. India is in essence a cultural and religious laboratory containing vast culture media with sentiments growing like bacteria. The sentiments need feeding and this is where people like MF Hussain, Kamal Haasan, Ashis Nandy and Salman Rushdie come in. Be it a Vishwaroopam, a Satanic Verses or a nude painting, sentiments aren’t particularly choosy during feeding time.

Debate is raging on in newsrooms and there is outrage with political propaganda and votebank politics being blamed. The problem with India is that we are stuck in the witch hunt era. The rest of the world broke free of this conservative strait jacketing at different times in history, ours has just not come yet. A segment of the population has been catapulted into reality ahead of the rest. This forward pull coupled with a concomitant backward tug has left the people in power walking a thinning tight rope. This scuffle has in turn caused a societal malaise further delaying the break through. And so, sensitivity of sentiments is reinforced and insecurity sets in.

What is needed is a massive push promulgated by those people who hurt sentiments. After all, banned works of art incite curiosity and achieve results contrary to those intended. Maybe, this is the new path to cultural revolution.

 

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Democracy in India: 1947 to Present?

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Now that the MBA entrances are over, it’s time for the Group Discussions, Interviews and so the preparations are in full swing. When it comes to mock GDs, there are always those clichéd topics that never seem to get old and make the students feel like they’ve hit the jackpot.

One such evergreen topic relates to the success (or the lack thereof) of democracy in India. This seems to ignite such passion in the contestants that the best you can do is to hide under your chair to prevent being caught in the crossfire as they try to rip each other’s throats out. But the one emotion that seems to stand out in such a heated discussion is the absolutely loathsome outlook that they share for the politicians across the country.

While some argued that the numerous scams that pop up each day spelled the death of democracy, yet others argued that it wasn’t irreparably damaged and that effective policies could go a long way in helping it rise from the ashes. One gentleman vehemently argued that there was no antidote, for the system had completely failed. He went on to add that India should emulate the American bipartisan system of democracy and that he would rather migrate to the USA than live in India. There were a few who tried feebly to counter his arguments but were soon convinced by his arguments and nodded meekly as they were swayed by his ‘eloquence’.

Conclusion: We’re tired of such rampant corruption and lack of even a shred of morality in the political structure of this country. But we’re much too involved with our own lives to take a step forward and own up to our responsibility; to ever make an active contribution to cleaning up the mess that is politics for the fear of tarnishing our own image by mere association.

That right there, I believe, is the death of democracy; where the people have the freedom to make a choice but don’t want to exercise it. If we can’t forgo our own selfish interests, regardless of what they might be, and choose to curse from afar, then why do we expect the politicians to put national interest ahead of their own needs? Be the change you want to see, isn’t it?

 

Surya Rajappan
[email protected]

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Spo(r)tlight

India Hockey League – The Pakistan Controversy

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The Indian Hockey League found itself in the midst of a controversy due to its move of releasing the nine Hockey Players that had come from Pakistan, thereby denying them the opportunity to play in the Indian Hockey League 2013. Such a move has found its bedrock in the recent tension that has erupted on Indo Pak borders, due to yet another ceasefire violation by Pakistan, following mutilation of two Indian soldiers by the Pakistani soldiers.

Narinder Batra, the secretary General of Hockey India said,”All have approved this decision. The contract money for 2013 will be paid in full to the Pakistani players and HI stands are committed in guaranteeing the same.” The Secretary General also said that the franchisees that had the Pakistani players would be given time and opportunity to find replacements in their teams.

The Shiv sena had earlier threatened to vandalise the stadiums if the Pakistani players took to the stadiums and were allowed to play. However, the HI federation clearly maintains that their decision was not an impulsive reaction to the threats of an organization but a decision in which all top executive members sat down and discussed the intensity of the situation and the hurt sentiments of the nation.

This move of the HI federation has found both bouquets and brickbats. Aruna of Hindu college says, “Its absolutely the right thing to do. When Indian artists go to Pakistan, they are never treated with respect. Pakistan has no respect for India. Why should we be the meek cats always?”

However, Rishabh of Ramjas college says, “ Banning artists and sportspersons is not the solution. The problem exists because of a deep rooted hostility towards citizens of the other country. Such moves will only aggravate and perpetuate the hostility”.

The players who went back are: Fareed Ahmed, Imran Butt, Mahmood Rashid and Muhammad Tousiq (all Mumbai Magicians); Muhammad Rizwan Sr. and Muhammad Rizwan Jr. (Delhi Waveriders); Muhammad Irfan and Shafqat Rasool (Ranchi Rhinos); and Kashif.

Image source-topnews.in 

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Why The Rapists Should Not Hang!

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The rape incident of a 23 year old student (Amanat, as the media has christened her) and the physical mutilation of both Amanat and her friend have once again exposed the underbelly of the nation’s capital. One among the many rapes to be reported in the city’s newspapers (three more reported from the city post this incident less than a week back!), this case was different only in the fact that it caught the imagination of the public. Social media was leveraged to spread the anger far and wide, public gatherings were organized all over the country and a lot of words were spoken.

The public rage since then has turned wild. On day 1 the large protest marches ran over the security barricades at the Home Minister’s residence. On day three, it escalated to Raisina Hill. Any person mildly active on Facebook could tell you what the country wanted – for the accused to be hanged to death! Or if given a choice, people would have them castrated, bobbitized, flogged and publicly stoned to death.

Lots and lots of young, educated Indians wish exactly that for the accused. And I write, hoping to provide a balanced perspective to the entire episode that has gripped this nation. I write to point out the most obvious legal hurdles in granting a death sentence to the accused.

At the outset, I agree that the incident this time around was gruesome. And it deserves a stringent punishment. But I disagree with the few who say that an example should be made out of these culprits. I disagree because I fail to see how this act is any more gruesome than that landlord who raped a minor, or the father and stepfather who alternately raped their daughter. All of this in the past week. Also, it is a statistically proven fact that making murders an offence worthy of capital punishment has not in the slightest affected their rates. Legal opinion is divided on how effective a change in law would be for tackling incidents of rape.

As the law in India stands today, rapes are bailable. And they never warrant a capital punishment. There is a loud clamour for changing these ‘archaic’ laws and there are reasons why the legislators haven’s sprung into action yet.

A grossly under-reported fact is that rape laws (much like dowry laws) are amongst the most misused laws in India. Section 114A of the Indian Evidence Act states “when sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent” which in simpler words means that if a male has sex with female, she can file a rape case against him even if the act was consensual. The wordings of the laws have been often misused (or so is popular opinion, the law itself stands). The most common scenario would be one where the woman wishes to marry her lover post coitus and upon refusal, files a case of rape against him. The Supreme Court made the matter slightly more complicated by passing an order that ‘sex with the promise of marriage amounts to rape’.

Now picture this- a hot blooded India demands a change in laws, making rape non-bailable and worthy of capital punishment. The law is misused, even if by a minority (though the numbers are debatable) leading to the chargesheet being filed against an innocent. The person is slapped with a non-bailable arrest warrant and suffers in jail, at the mercy of our over-burdened, and hence slow, judicial process. The capital punishment clause can mean that the innocent could face a severe penalty for no fault of his bacause the wordings of 114A make it almost impossible to prove innocence.

We must not forget that the fundamentals of justice stress more that an innocent man should not hang rather than making all the guilty suffer. Hence, innocent until proven guilty! This is where it becomes so important that we treat laws with utmost care. Each word in an amendment must be carefully scrutinized for what it implies and what loopholes it leaves behind. It is all very well for the masses to shout “Hang the rapist” but it would be wiser for the educated to analyse why our laws say what they do.

Also, there is a fine line between empowering women and decapitating men. Though we feel the need to bring women up to par, it does not mean it shall be at the cost of men. The idea is not to tilt the scales, it is to balance it!

I would like to end by stating that I am not a law student and am not aware of the details behind all of India’s laws. However, my article is based on statements from the Indian Penal Code available on the internet and I assumed it to be wholesome. My intent behind this article was to bring a sense of sanity to this whole outrage that the nation feels. We must continue our fight against rapists, make our streets safer, give women their rights, and all that while not not getting emotionally blinded.

Arnav Das
[email protected] 

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