Showing posts with label Judiciary. Show all posts
Showing posts with label Judiciary. Show all posts

Of Freedoms, Exceptions and Propaganda in India

It is in the seemingly, innocuous employment of propaganda, disguised with practiced deft as the exercise of a Fundamental Right camouflaged as ‘freedom’ that lie the bane of existence of the very same right. And, ironically too, the enforcement of the said ‘freedom’ itself risks quashing the constitutional right while on its intended path. Therein lies the truth and need to identify and weed out propaganda - the real stumbling block in the quest for freedom. So, while paradoxically, and on the face of things, a right may be curtailed, the restriction may work in the favour of upholding the very right that appears to be hindered…the intended reach of democracy could well justify the impediment. The exercise of one’s right to speech and expression, when curtailed for documented lawful reasons, could cause more damage than good to its intended goal.

Rulings On Secularism, Laws On Environment Make India Vibrant Republic

It was seven decades ago, on 26 January 1950 that the Constitution of India came into effect replacing the erstwhile Government of India Act of 1935 as the governing document of India and transformed the nation we know today as India, into a Republic for the first time in history. It is the longest written constitution of any country on earth and Dr Bhimrao Ramji Ambedkar, the chairman of the drafting committee, is widely considered to be its chief architect. And, it is this very Constitution of India which provides for ‘Secularism’ as discussed so widely and actively analysed across platforms of late besides the protection and improvement of the ‘Environment’ through a wide range of Articles – as Directive Principles directing the State to promulgate in the regard as well as guaranteeing the same through Fundamental Rights.

Sabarimala, Secularism and Sensationalism!

The Sabarimala imbroglio has been a populist bone of contention for political parties that have aligned despite differences for fear of upsetting a sizeable religious faction. The issues here are primarily dual in nature. The Right to Equality of women being compromised by an arguably ‘patriarchal’ custom barring those of menstrual age entry is in direct opposition to the Religious Freedom of the Sabarimala Temple Authorities in conducting their internal affairs. The September 2018 Supreme Court verdict upholding the rights of women of all ages to enter Sabarimala Temple has stirred a hornet’s nest.

Once-bitten Biggies of Hindi Film Industry Remain Politically Correct

The Me-Too movement has gained momentum across India, yet in the Hindi film industry, despite legally-orchestrated and guarded comments from a few, there is a general hush. The hush has an on-the-face-of-it ‘legal’ yet a more real ‘commercial’ basis to it. The Tanushree Dutta episode has exposed the underbelly of self-righteous sections of the film industry.

New Censorship Dimensions

Films have always been closely associated with Freedom. But, Freedom comes with riders. One's freedom cannot hurt another. Also, the issue of curbs being ‘unequally distributed,” across media and hence violative of Article 14 of the Indian Constitution that guarantees Equality is of topical importance. Actor-filmmaker Amol Palekar’s Public Interest Litigation challenged the ‘pre-censorship’ of films and, in particular, the provisions of the law in question.

Legislature, Judiciary at Loggerheads

The legislature in India often finds itself in a Catch22 situation with having to contend with the judiciary’s interpretation of a situation. Like the union government’s concern for ‘drunken driving and road safety’ issues. A Supreme Court (SC) order swiftly struck down a union government ‘Model Policy’ created to put into place rules to assuage the central government’s concern for public health, while dodging clear of states’ excise earnings.