News agencies to boycott IPL, Bollywood in focus
Friday, February 19, 2010
The Shocking Case of Shiney Ahuja
Tuesday, June 16, 2009
As the filmdom rejoiced at the private award ceremony of the Bachchans in Macau, Shiney Ahuja took time off to etch his name in the police records back home in Mumbai. A complaint lodged by his maid-servant put him in the dock for allegedly committing rape on her. It was all shocking to say the least. The supposed victim has spoken and the alleged accused has been caught and preliminary investigations reveal that indeed there was sexual intercourse – consensual or rape is the next question that needs to be answered.
I was reading an article in the TOI that talked about men being at a disadvantage in the current legal system that has clauses to convict a man simply on the basis of the statement given by the victim provided an intercourse is evidenced. What if a woman first gives her consent and then decides to go to the police claiming rape? The possibility of the woman in question consenting to Shiney’s advances cannot be ruled out in this case too.
Before I am counted as an insensitive soul, let me bring in the other perspective. The amendment to Article 114A of the constitution to treat a “No-consent” statement from the victim as evidence to stand in a court of law was made after two policemen were allowed to go scot free by the Supreme Court (Tukaram, 1978 Cr.LJ 1864 S.C) after raping a girl in a police station. The court admitted that there was an intercourse but could not count it as rape. It held that since the girl had raised no alarm and there were no visible marks of injury on her person thereby negating the struggle by her, the accused could not be prosecuted.
I think it is justified to include the clause to treat a “no-consent” statement as a permissible evidence to safeguard the interests of a victim under coercion from people who maybe in a position of influence/power. But what if the accused in question is a common man (unlike the policemen in the Tukaram case) who can’t possibly force the victim to not raise an alarm at all? The chances of misuse remain because even if no physical harm is evidenced on the girl, she can say that she faced a threat on her life and hence did not protest. Even that would fall under the ambit of rape.
If the allegations are found to be true, Ahuja deserves all the condemnation and punishment of the highest order. But the point is that even if he is speaking the truth about consensual sex, he might actually end up as the victim here. Hopefully the law would take its course and deliver justice.
Talking of justice, here are some bizarre judicial pronouncements that I came across:
1. The case of Bhanwari Devi, wherein a judge remarked that the victim could not have been raped since she was a dalit while the accused hailed from an upper caste- who would not stoop to sexual relations with a dalit.
2. The case of Sakina from Ernakulam, Kerela: She filed a suit against the upper echelons of the bureaucracy and society of Kerela for forcibly pushing her into prostitution. Her suit was squashed by the High Court, while observing that ‘it is improbable to believe that a man who desired sex on payment would go to a reluctant woman; and that the version of the victim was not as sacrosanct as to be taken for granted.’
Indian Political Drama - A 'Sell' out
Friday, July 25, 2008
What happened was not a reflection of moral and ethical degradation we are undergoing. It has been prevalent since time immemorial. It forms a part of our DNA. 60 years of independence is not all that big span of time to understand the real price tag of democracy and governance. Till that time comes, my dear friends, make your bids and buy it at an affordable price. It sold for Rs. 1 crore in 1993 when cash changed hands to save a minority Government and it sells for a rumored Rs. 25 crore in 2008. Blame it on inflation and the booming Indian economy!
"Har shaakh pe Ullu baitha hai Anzame Gulistan kya hoga"....I am not sure if this is the lowest that we have stooped to or we are in some abyss where nothing seems low enough. Is it just the leaders who are to blame? They are a reflection of the billion strong population they represent. They were chosen. They are us! As a nation of people having characters running only skin deep, we don't have a reason to make any hue and cry over this issue. Nothing unexpected has happened and displaying shock and disillusionment is fooling ourselves because somewhere we all are party to this muck.
We never try to perceive the motives behind the acts - our deconstruction ability is very poor. We take things on the face value. That is why we fall for the politics of appeasement and forget things easily. The Nuclear deal lost all relevance in the whole bribing hoopla. What stayed on were the images of defecting MPs, bundles of currency notes on display in the Parliament, allegations, counter allegations and the sad demise of parliamentary democracy.
I remember the school books taught me that Indian democracy is based on three strong pillars of legislature, judiciary and the executive. Legislatures are a breeding ground for anarchy and corruption today. The bureaucracy has been reduced to a showpiece tool playing in the hands of politicians. Blame it on the subservient mindset that we have inherited since the days of the Raj. Judiciary is handicapped and toothless. I will cite you an example - The JMM case. The bribery case saw ex-Prime Minister P V Narsimharao being convicted by a trial court only to be exonerated later. In 1998, a five-member Consitutuion Bench of the Supreme court, in a split decision, upheld the immunity enjoyed by MPs from legal proceedings for their speeches or vote in Parliament. The majority decision, delivered in response to a petition filed by some of the accused in the JMM bribery case, meant that all those who cast their votes in the Lok Sabha, including the bribe-takers in the JMM case, enjoyed the protection of Article 105 [Reference] These 'high-esteemed' public servants have never looked back ever since then. Sting operations have caught several of them accepting money but go and check out the status of these cases. There is not even a single conviction.
Keeping everything under the wraps and burying our heads in the sand is never going to be the answer. Let us have the guts to question ourselves and confess candidly. There is definitely something amiss in the values that we have inculcated that is causing us to become morally bankrupt. There is one silver lining that I can see though. We, as a nation are still young. Despite having a history of being led and subjugated we sure can show the resilience and the will to change. Willingness to accept and mould ourselves for the better - that is what youth is all about. Nothing is going to change overnight. Nothing will change in a generation either. But the transition needs to be made. Setting in the right direction could be a life fulfiling moment. Something that the 25 crore rupees on offer in the House of Parliament cannot ever guarantee.
"Where tireless striving stretches its arms towards perfection;
Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit;
Where the mind is led forward by thee into ever-widening thought and action–
Into that heaven of freedom, my Father, let my country awake."
An Outdated Poetry or a Dream that lives on? Take your call!
(Inputs from Ajay and Aditya)
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