<p>As I sit in Delhi and read the news, I see it being widely reported that Bangalore managed to secure access to additional water from the Cauvery River, resulting in an increase in Karnataka&rsquo;s share of the river and a corresponding decrease in the share of Tamil Nadu. As much as all politicians from both sides of the political divide in my state rejoice this victory, I find the need for vigilance and course correction for outweighing the instinct to celebrate.</p>

<p>In a recent article by the BBC, which listed cities across the globe that are likely to face a water crisis similar to the ongoing one in Cape Town, I was horrified to see my city listed in it. The very rationale for the Hon&rsquo;ble Supreme Court to increase water supply to Karnataka and Bengaluru, i.e., the growing population, also represents the alarming situation we have to grapple with. How will the present allocation sustain what will always be a growing population of Bengaluru?</p>

<p>Make no mistake, I am not unhappy with the verdict, but what I am unhappy about is my city&rsquo;s general approach to water management. Water leakages continue to plague us. The city&rsquo;s lakes which once ensured water independence and enabled a flourishing green scape have been polluted beyond recognition. Where once borewells yielded water without effort, has now increased efforts at digging borewells across the city yielding little or no water because the construction sector has grown without planning or science. Call me silly, but I strongly feel that in an urban landscape like Bengaluru, if a strong science-driven policy had succeeded, could have donated its share of the water to the farmers who need it more than us. After all, for us, water is utility but for a farmer, water is utility and critical to livelihood.&nbsp;</p>

<p>Today&rsquo;s verdict remains a political victory and I suspect it will justify continued complacency of policymakers on the subject of water conservation. But so long as we &ldquo;fight&rdquo; for water, we have already lost. As we start 2018, I hope that the next administration in Bengaluru implements city-wide rainwater harvesting system instead of merely advocating building specific rainwater harvesting systems. I certainly hope we can plan our sewage and storm water drains better to aid the success of sewage treatment plants. It would also be nice if our lakes stopped catching fire. Perhaps, on that line of thought, we could encourage the use and rejuvenation of shallow aquifers in the city to ensure water security for individual homes.&nbsp;</p>

<p>The 14.5 TMC of water allotted to us represents a short-term gain, but the long-term vulnerability remains and as a city, we will have to address it. But true victory is the day we revive our forests, conserve water better and recharge shallow aquifers as well as our borewells. The day we stop fighting for water is the day we truly win.<br />
&nbsp;</p>

<p><em>(Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL)</em></p>


Opinion: Cauvery verdict might bring prosperity to the farmers of Karnataka but surely does for the CM who is about to face elections soon

As I sit in Delhi and read the news, I see it being widely reported that Bangalore managed to secure access to additional water from the Cauvery River, resulting in an increase in Karnataka’s share of the river and a corresponding decrease in the share of Tamil Nadu. As much as all politicians from both sides of the political divide in my state rejoice this victory, I find the need for vigilance and course correction for outweighing the instinct to celebrate. In a recent article by the BBC, which listed cities across the globe that are likely to face a water crisis similar to the ongoing one in Cape Town, I was horrified to see my city listed in it. The very rationale for the Hon’ble Supreme Court to increase water supply to Karnataka and Bengaluru, i.e., the growing population, also represents the alarming situation we have to grapple with. How will the present allocation sustain what will always be a growing population of Bengaluru? Make no mistake, I am not unhappy with the verdict, but what I am unhappy about is my city’s general approach to water management. Water leakages continue to plague us. The city’s lakes which once ensured water independence and enabled a flourishing green scape have been polluted beyond recognition. Where once borewells yielded water without effort, has now increased efforts at digging borewells across the city yielding little or no water because the construction sector has grown without planning or science. Call me silly, but I strongly feel that in an urban landscape like Bengaluru, if a strong science-driven policy had succeeded, could have donated its share of the water to the farmers who need it more than us. After all, for us, water is utility but for a farmer, water is utility and critical to livelihood. Today’s verdict remains a political victory and I suspect it will justify continued complacency of policymakers on the subject of water conservation. But so long as we “fight” for water, we have already lost. As we start 2018, I hope that the next administration in Bengaluru implements city-wide rainwater harvesting system instead of merely advocating building specific rainwater harvesting systems. I certainly hope we can plan our sewage and storm water drains better to aid the success of sewage treatment plants. It would also be nice if our lakes stopped catching fire. Perhaps, on that line of thought, we could encourage the use and rejuvenation of shallow aquifers in the city to ensure water security for individual homes. The 14.5 TMC of water allotted to us represents a short-term gain, but the long-term vulnerability remains and as a city, we will have to address it. But true victory is the day we revive our forests, conserve water better and recharge shallow aquifers as well as our borewells. The day we stop fighting for water is the day we truly win. (Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL)

Opinion: Is Cauvery verdict boon for farmers of Karnataka or CM Siddaramaiah?

<p>If anything can be concluded from the verdict today on the subject of the national anthem, it is that the debate around the duty to stand up for the national anthem versus the right to freedom of speech and expression, particularly the right to dissent, must be answered effectively by the executive by introducing clarity in the Insult to National Honour Act, 1971 as well as the Flag Code.&nbsp;</p>

<p>&nbsp;</p>

<p>The debate has now moved away from the judicial platform to that of an executive or legislative platform and one hopes that the culture of freedom of speech and expression, that makes this debate possible will make room for a respectful right to dissent while deciding on the national anthem and its significance.</p>

<p>&nbsp;</p>

<p>In what is an enlightened move, the Union Government appears to have walked the path of reason and understood the challenges to the compulsory playing of national anthems before cinema is played. Every time the anthem is played, my instinct causes me to stand up in the &ldquo;attention&rdquo; position and mouth its lyrics. It is precisely because I respect the anthem so much that I question the utility of playing something as venerable just before the start of a film that often comes with questionable scripts and even more questionable music, dialogues and lyrics.&nbsp;</p>

<p>&nbsp;</p>

<p>The greater threat of dilution of the importance of the national anthem is that of its usage in vain and for trivial contexts. Nationalist sentiment carries the same risk that any other sentiment carries, which is that with widespread usage especially in more trivial settings, any sentiment no matter how serious will find its significance diluted. As much of an atheist I am, I recognise the utility of the Christian caution against taking the Lord&#39;s name in vain and that logic, applies equally to the national anthem.</p>

<p>&nbsp;</p>

<p>The Inter-Ministerial Committee is expected to comprehensively review the Insult to National Honour Act, 1971 and the Flag Code to lay down specific guidelines for preserving and enhancing respect for the national anthem. This in effect, relegates the law to the position it was in before the 2016 verdict made it compulsory.&nbsp;</p>

<p>&nbsp;</p>

<p>Prior to 2016, particularly in view of the judgement of Bijoe Emannuel v. State of Kerala, the law of the land made room for not standing up for the national anthem if such an act of dissent was an exercise of the right to freedom of speech and expression and the right to freedom of religion.&nbsp;</p>

<p>&nbsp;</p>

<p>The Court further held that regardless of its personal views, a conscientious and genuine belief justifying the act of not standing up for the national anthem is not only permitted but protected within our constitutional culture. The emphasis remained on asserting the minority&rsquo;s right to find an identity within India&rsquo;s pluralistic polity.&nbsp; The question of minority belief then was premised on the debate around minority religious rights.</p>

<p>&nbsp;</p>

<p>Today, however, the debate is on the ideological minority, the dissenters. Clarence Darrow, arguably one of the greatest trial lawyers in American jurisprudence, said that when a new truth comes upon the earth, or a great idea necessary for mankind is born, it does not come from attorneys, judges, lawyers or doctors, but it comes from the despised, the outcasts and from men who have dared to be rebels and who believe that their faith is the faith of rebels. The Inter-Ministerial Committee which now takes over where the Supreme Court left off, have now to ask themselves whether they want to make room for such rebels, for newer truths to emerge, which though offensive now may prove to shape and define the culture of Indian democracy.&nbsp;</p>

<p>&nbsp;</p>

<p>One could fairly ask what good it is to listen to the dissenters?&nbsp;</p>

<p>&nbsp;</p>

<p>To that, I refer to the verdict on the right to privacy. A good part of that wonderful verdict was born out of the principles enunciated by Justice H.R. Khanna in his minority dissenting note in ADM Jabalpur v. Shukla. Not standing up for the national anthem may be just that, i.e., not standing up for the national anthem.&nbsp;</p>

<p>&nbsp;</p>

<p>The limits on our imagination, cast by the conditioning we have been subjected to, may prohibit us from seeing the larger message in that act of not standing up. For my part, I don&rsquo;t agree with the rebels not standing up, but I also remain humble enough to admit that I may not know or understand what they stand for.&nbsp; The Committee too must acknowledge this limitation and make room for its correction tomorrow.&nbsp;</p>

<p>&nbsp;</p>

<p>Instead of formulating regulations, maybe, the answer to one person not standing up for the national anthem is simply another person standing up. I promise myself that every time the anthem plays, even if I am the only soul standing up in the hall, I will do just that: stand up with respect and pride.&nbsp;</p>

<p>&nbsp;</p>

<p>I won&rsquo;t judge the ones not standing up nor will I fight them, but I will stand up and demonstrate my idea with pride. To my mind enhancing the respect for the national anthem is about fostering healthy debate and making the anthem synonymous with that culture of debate. I don&rsquo;t find the solution to rest in regulation or, worse, an imposition by the mob. The national anthem celebrates the idea of India itself and I hope we respect that in the days ahead.</p>

<p>&nbsp;</p>

<p><i>(Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL).</i></p>

<p>&nbsp;</p>

<p>&nbsp;</p>


For my part, I don’t agree with the rebels not standing up, but I also remain humble enough to admit that I may not know or understand what they stand for.

If anything can be concluded from the verdict today on the subject of the national anthem, it is that the debate around the duty to stand up for the national anthem versus the right to freedom of speech and expression, particularly the right to dissent, must be answered effectively by the executive by introducing clarity in the Insult to National Honour Act, 1971 as well as the Flag Code. The debate has now moved away from the judicial platform to that of an executive or legislative platform and one hopes that the culture of freedom of speech and expression, that makes this debate possible will make room for a respectful right to dissent while deciding on the national anthem and its significance. In what is an enlightened move, the Union Government appears to have walked the path of reason and understood the challenges to the compulsory playing of national anthems before cinema is played. Every time the anthem is played, my instinct causes me to stand up in the “attention” position and mouth its lyrics. It is precisely because I respect the anthem so much that I question the utility of playing something as venerable just before the start of a film that often comes with questionable scripts and even more questionable music, dialogues and lyrics. The greater threat of dilution of the importance of the national anthem is that of its usage in vain and for trivial contexts. Nationalist sentiment carries the same risk that any other sentiment carries, which is that with widespread usage especially in more trivial settings, any sentiment no matter how serious will find its significance diluted. As much of an atheist I am, I recognise the utility of the Christian caution against taking the Lord's name in vain and that logic, applies equally to the national anthem. The Inter-Ministerial Committee is expected to comprehensively review the Insult to National Honour Act, 1971 and the Flag Code to lay down specific guidelines for preserving and enhancing respect for the national anthem. This in effect, relegates the law to the position it was in before the 2016 verdict made it compulsory. Prior to 2016, particularly in view of the judgement of Bijoe Emannuel v. State of Kerala, the law of the land made room for not standing up for the national anthem if such an act of dissent was an exercise of the right to freedom of speech and expression and the right to freedom of religion. The Court further held that regardless of its personal views, a conscientious and genuine belief justifying the act of not standing up for the national anthem is not only permitted but protected within our constitutional culture. The emphasis remained on asserting the minority’s right to find an identity within India’s pluralistic polity. The question of minority belief then was premised on the debate around minority religious rights. Today, however, the debate is on the ideological minority, the dissenters. Clarence Darrow, arguably one of the greatest trial lawyers in American jurisprudence, said that when a new truth comes upon the earth, or a great idea necessary for mankind is born, it does not come from attorneys, judges, lawyers or doctors, but it comes from the despised, the outcasts and from men who have dared to be rebels and who believe that their faith is the faith of rebels. The Inter-Ministerial Committee which now takes over where the Supreme Court left off, have now to ask themselves whether they want to make room for such rebels, for newer truths to emerge, which though offensive now may prove to shape and define the culture of Indian democracy. One could fairly ask what good it is to listen to the dissenters? To that, I refer to the verdict on the right to privacy. A good part of that wonderful verdict was born out of the principles enunciated by Justice H.R. Khanna in his minority dissenting note in ADM Jabalpur v. Shukla. Not standing up for the national anthem may be just that, i.e., not standing up for the national anthem. The limits on our imagination, cast by the conditioning we have been subjected to, may prohibit us from seeing the larger message in that act of not standing up. For my part, I don’t agree with the rebels not standing up, but I also remain humble enough to admit that I may not know or understand what they stand for. The Committee too must acknowledge this limitation and make room for its correction tomorrow. Instead of formulating regulations, maybe, the answer to one person not standing up for the national anthem is simply another person standing up. I promise myself that every time the anthem plays, even if I am the only soul standing up in the hall, I will do just that: stand up with respect and pride. I won’t judge the ones not standing up nor will I fight them, but I will stand up and demonstrate my idea with pride. To my mind enhancing the respect for the national anthem is about fostering healthy debate and making the anthem synonymous with that culture of debate. I don’t find the solution to rest in regulation or, worse, an imposition by the mob. The national anthem celebrates the idea of India itself and I hope we respect that in the days ahead. (Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL).

Opinion: To stand or not to stand during the national anthem

<p>2017 has, as always, been a year of paradoxes for the judiciary. The Apex Court driven by the intellectual strength of its judges delivered some phenomenal judgements. Right to privacy was firmly established in our constitutional jurisprudence. In the process, a significant part of the affront involved in Section 377 of the Indian Penal Code was corrected. Triple Talaq was not only rightly held to be an unintegral part of Islam but constitutionally untenable, a bold step to take in a country where misogyny often passes off as a divine mandate. Firecrackers were banned, but in the process, the limits of enforcing orders in public interest litigations was exposed. The Indian judiciary though not known for its expeditious disposals, has never the less made significant strides in policy level adjudications and commercial matters. On the other hand, the Talwars were found to have spent time in prison unnecessarily and turns out the 2G spectrum scandal, was not truly a scandal.</p>

<p>We aced the policy challenge but failed to improve our record with trials. Where are we going wrong?</p>

<p><b>What does Vijay Mally tell us about Indian courts?</b></p>

<p>The World Bank, in its June 2017 study of the Indian subcontinent, found that in terms of contract enforcement, India ranks 164 in the world with an average time of 1445 days involved in the process coming at a cost of 31% of the value of the claim. In terms of how bad this is, one will see that Iraq ranks 144, twenty ranks better than India with an average time of 520 days involved for the case to be decided,&nbsp;coming at a cost of 28.1% of the claim.&nbsp;</p>

<p>In other words, in Iraq, I can enforce my contract sooner at a cost lesser than in India. No doubt the quality of adjudication appears to be much better in India. At 10.3, India ranked on par with many developed economies. The result,&nbsp;in our experience, is that while litigants secure good verdicts eventually, often their ability to enforce the verdict is frustrated. Thus, while the banks secured good verdicts against Mr. Vijay Mallya, it is too late to enforce them considering he is no longer here by the time the walls could close in.&nbsp;</p>

<p>One can dismiss the troubles of businesses with the judiciary as the superficial complaints of a bourgeoise elite.&nbsp; But the criminal justice system which is the poster child of the ordinary common man&rsquo;s experience with the criminal justice system, things are no better. The concept of a day to day trial as required under Section 309 of the Code of Criminal Procedure, 1973 remains a distant dream. Time-bound disposals of criminal cases mandated by special laws like the Protection from Children from Sexual Offences Act, 1973 and the Protection of Women from Domestic Violence Act, 2005, are never achieved.&nbsp;</p>

<p>But what happens after such a long and lengthy trial?</p>

<p>Besides making the accused and victim feel like they are being punished, the result of criminal trials is abysmal. Approximately 76% of sexual assault cases and 94-98% of corruption cases result in acquittal. In private complaints, involving a petty offence like dishonour of cheques, should the accused decide to avoid service of summons by absconding, the probability of the criminal justice system securing his presence is slim to none.&nbsp;</p>

<p>On an assessment of the overall performance of the Indian judiciary, what emerges is that despite the many trials and tribulations, we continue to remain steadfast in our fundamental values and philosophy. However, we are slow to ideate, slower to implement and averse to innovation. To my mind, while the need to increase the number of judges is definitely one solution, the larger solution lies in unlearning and relearning.</p>

<p><b>The number of judges or quality of judges?</b></p>

<p>In the <i>N.R. Bhat v. State of Karnataka by CBI</i>, Justice A.V. Chandrashekar introduced the concept of a pre-trial conference by reading it into the day to day trial requirements of Section 309 of the Code of Criminal Procedure, 1973. Such a pretrial conference, taking the judge, the prosecution and the defence into confidence while setting out the days of the trial in advance, would go a long way in arresting frivolous adjournment pleas. The Supreme Court in <i>Vinod Kumar v. State of Punjab, </i>categorically laid down that cross examination of witnesses must be concluded on the very same day of their examination in criminal cases. Putting these two judgements together, a pre-trial conference followed by non-negotiable insistence on concluding the cross-examination of witnesses in criminal cases on the same day as their examination would effectively end the culture of prolonging the trial of criminal cases in India.&nbsp;</p>

<p>I cite these two judgements to highlight an important point, a creative and pragmatic approach is necessary to ensure procedures aimed at fairness don&rsquo;t end up becoming counterproductive. While a fundamental review of the Code of Civil Procedure, 1908 and Code of Criminal Procedure, 1973 is critical, the example of judicial creativity demonstrated in the <i>N.R. Bhat </i>and <i>Vinod Kumar </i>judgements shows that effective adjudication has less to do with quantity of judges and more to do with the quality of judges.&nbsp;</p>

<p>Furthermore, even before the procedures are fundamentally re-written, I think it is time, we measured the use of our procedures. For example the Code of Civil Procedure, 1908 provides room for the court to secure the assistance of family welfare experts in matters involving family disputes. In Australia, visitation orders for children are monitored by outsourced agencies trained and vetted in order to ensure the court has a neutral report of the welfare of the child, making the determination of guardianship and visitation much easier and faster. But in India despite the concept of such outsourced persons and agencies being contemplated in the law, it is seldom utilised. Perhaps the time is ripe for a manual to be provided identifying existing innovations within our law and mandating their use by the court system. &nbsp;</p>

<p>To summarise, our procedures need to be revisited. One part of it involves changing the procedures altogether. But the other part of it involves reading the procedures in a manner which is jurisprudentially sound and yet capable of solving fundamental problems.&nbsp;</p>

<p><b>Nepotism and poor pay</b></p>

<p>Commercial courts, though required to be established by law, are yet to begin operations in several states, including Karnataka and their absence has inflicted cynicism in the minds of businesses. Special courts under beneficial legislations like the Protection of Children From Sexual Offences Act, 2012 are nothing but existing courts donning an additional hat under a POCSO Act. What we need is not just special courts, but exclusive courts. In other words, we need exclusivity for our special courts and not just special court status under special legislations.&nbsp;</p>

<p>Secondly, no effort is being made to attract the right talent in our prosecution and government pleader ecosystem. The private sector offers much better compensation packages for the right legal talent and this is as true in India as it is in other countries. However, for those who may consider government service, they will be part of an ecosystem where nepotism remains a problem.</p>

<p>I have had the unfortunate experience of facing government pleaders who oppose much needed medical termination of pregnancies for minor children, simply because they think their job is to oppose every writ petition that comes before the Karnataka High Court. Our Advocate Generals and Solicitor Generals are often the best and the brightest, but the grassroot government pleader and the public prosecutor suffer from poor pay, poorer training and even poorer access to critical resources like staff and case law databases. Unless the government invests money in their careers, in building their capacity and their skill set and training, we can neither expect expeditious disposals nor can we expect more conscious prosecutions and convictions.&nbsp;</p>

<p><strong>Big data and machine learning to nab criminals</strong></p>

<p>Investigation of Criminal cases is fundamentally challenging. Even the Federal Bureau of Investigation with all its sophisticated technology failed to apprehend the Unabomber for close to 17 years. Yet, what ultimately made the apprehension possible was a little-known technique back in the day called forensic linguistics. Based on the letters and publications of the Unabomber, what emerged was a unique approach to language, almost a linguistic signature of the bomber. A profile developed by FBI profiler James Fitzgerald using forensic linguistics ultimately led to the publication of the manifesto of the Unabomber, which was recognised by the Unabomber&rsquo;s younger brother. The result was the identification of Ted Kazynsky as the Unabomber. A Harvard educated mathematician with an IQ of 167, the Unabomber was an Intellectual elite, but even he could not evade the law all because he wrote and spoke in a unique manner.</p>

<p>After the Boston Bombing, when conventional facial recognition software could not provide a clear picture of the accused, an experimental technology of the University of Carnegie-Mellon&rsquo;s Cylab Biometric Center which analysed the low-resolution picture released by the FBI, was able to identify the accused in a controlled experiment. What made this technology work when existing facial recognition software failed? The answer lied in a concept called machine learning, a process by which computers are &ldquo;trained&rdquo; to perform tasks. In this case, the Center&rsquo;s technology was made to analyse thousands of faces in low resolution and high-resolution images, so that it can determine the bridge between low resolution and high-resolution images. The rationale of that bridge is then interpreted in the form of an algorithm which can then be used to develop high-resolution versions of low-resolution images. Image analytics and machine learning combined could greatly enhance the way suspects are identified using facial recognition software.</p>

<p>The Department of Mathematics and the Department of Anthropology at UCLA, USA, published a paper in 2017 highlighting the utilities of using Deep learning methods for real-time crime forecasting. The paper titled &ldquo;Deep Learning for Real Time Crime Forecasting&rdquo; by Bao Wang, Duo Zhang, Duanhao Zhang, P. Jeffrey Brantingham and Andre L. Bertozzi suggests that using deep learning methods, pilot experiments in Los Angeles revealed &ldquo;highly accurate predictive power&rdquo; of the models developed using deep learning methods.</p>

<p>I cite these case studies to make an important point- in India we don&rsquo;t know what we don&rsquo;t know. Forget forensic linguistics or offender profiling, machine learning or deep learning, I am yet to come across investigating officers in my training programmes who have some background in basics of criminal investigation, such as victimology and criminology. In an era of big data and analytics, India&rsquo;s use of statistical methods in crime solving is limited to the National Crime Records Bureau Statistics published every year.&nbsp; But these statistics contain rich information that could throw light into patterns, motivational classification for criminals, modus operandis and signatures in crimes, etc.</p>

<p>Machine learning and Deep Learning methods can enhance facial recognition software, enabling us to identify suspects from CCTV camera footage much faster and better. Analytics methods can help us reverse engineers crime scenes and victimology to determine the age profile, job profile and psychological characteristics of the suspect involved in the crime. Yet, we remain leaps behind in leveraging the full power of data analytics, machine learning, deep learning, behavioural sciences and artificial intelligence in investigating and prosecuting criminals in this country.&nbsp;</p>

<p>The need of the hour is to do away with the age-old classification of law and order, crime and traffic within the police and instead have a dedicated investigation cadre with further specialisation in specific offences like homicide, sexual assault, robbery, theft, etc. A dedicated think tank is necessary within law enforcement circles to explore the use of data analytics, behavioural sciences and other modern technologies to aid the investigator in deciphering clues and apprehending suspects. Unless we fundamentally redo investigating agencies in this country, conviction rates are unlikely to go up nor will we find closure in many critical cases.&nbsp;</p>

<p><b>A better Indian justice system in 2018?</b></p>

<p>The problems within the judiciary in the year 2017 are not fundamentally different from the problems faced by the judiciary in 1997 or 2015 even. Overworked, underpaid, delayed disposals and poor conviction rates have remained the common themes associated with our justice system. Yet, we have remained slow and unwilling to accept the problems in our fundamentals. In the year, 2018 I hope that as a population we move away from demanding different laws and instead petition for a reformed system. As proud as I am of all that we do every day in the justice system, I have seen the potential to do better, in the good intentions and passion of judges, prosecutors, policemen, lawyers, bench clerks and stenographers among others every day in the court system. Let us enable them to produce results by giving them the right training, tools and manuals. We owe it to them and we owe it to ourselves.</p>

<p><em>(Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL).</em></p>


In the year, 2018 I hope that as a population we move away from demanding different laws and instead petition for a reformed system.

2017 has, as always, been a year of paradoxes for the judiciary. The Apex Court driven by the intellectual strength of its judges delivered some phenomenal judgements. Right to privacy was firmly established in our constitutional jurisprudence. In the process, a significant part of the affront involved in Section 377 of the Indian Penal Code was corrected. Triple Talaq was not only rightly held to be an unintegral part of Islam but constitutionally untenable, a bold step to take in a country where misogyny often passes off as a divine mandate. Firecrackers were banned, but in the process, the limits of enforcing orders in public interest litigations was exposed. The Indian judiciary though not known for its expeditious disposals, has never the less made significant strides in policy level adjudications and commercial matters. On the other hand, the Talwars were found to have spent time in prison unnecessarily and turns out the 2G spectrum scandal, was not truly a scandal. We aced the policy challenge but failed to improve our record with trials. Where are we going wrong? What does Vijay Mally tell us about Indian courts? The World Bank, in its June 2017 study of the Indian subcontinent, found that in terms of contract enforcement, India ranks 164 in the world with an average time of 1445 days involved in the process coming at a cost of 31% of the value of the claim. In terms of how bad this is, one will see that Iraq ranks 144, twenty ranks better than India with an average time of 520 days involved for the case to be decided, coming at a cost of 28.1% of the claim. In other words, in Iraq, I can enforce my contract sooner at a cost lesser than in India. No doubt the quality of adjudication appears to be much better in India. At 10.3, India ranked on par with many developed economies. The result, in our experience, is that while litigants secure good verdicts eventually, often their ability to enforce the verdict is frustrated. Thus, while the banks secured good verdicts against Mr. Vijay Mallya, it is too late to enforce them considering he is no longer here by the time the walls could close in. One can dismiss the troubles of businesses with the judiciary as the superficial complaints of a bourgeoise elite. But the criminal justice system which is the poster child of the ordinary common man’s experience with the criminal justice system, things are no better. The concept of a day to day trial as required under Section 309 of the Code of Criminal Procedure, 1973 remains a distant dream. Time-bound disposals of criminal cases mandated by special laws like the Protection from Children from Sexual Offences Act, 1973 and the Protection of Women from Domestic Violence Act, 2005, are never achieved. But what happens after such a long and lengthy trial? Besides making the accused and victim feel like they are being punished, the result of criminal trials is abysmal. Approximately 76% of sexual assault cases and 94-98% of corruption cases result in acquittal. In private complaints, involving a petty offence like dishonour of cheques, should the accused decide to avoid service of summons by absconding, the probability of the criminal justice system securing his presence is slim to none. On an assessment of the overall performance of the Indian judiciary, what emerges is that despite the many trials and tribulations, we continue to remain steadfast in our fundamental values and philosophy. However, we are slow to ideate, slower to implement and averse to innovation. To my mind, while the need to increase the number of judges is definitely one solution, the larger solution lies in unlearning and relearning. The number of judges or quality of judges? In the N.R. Bhat v. State of Karnataka by CBI, Justice A.V. Chandrashekar introduced the concept of a pre-trial conference by reading it into the day to day trial requirements of Section 309 of the Code of Criminal Procedure, 1973. Such a pretrial conference, taking the judge, the prosecution and the defence into confidence while setting out the days of the trial in advance, would go a long way in arresting frivolous adjournment pleas. The Supreme Court in Vinod Kumar v. State of Punjab, categorically laid down that cross examination of witnesses must be concluded on the very same day of their examination in criminal cases. Putting these two judgements together, a pre-trial conference followed by non-negotiable insistence on concluding the cross-examination of witnesses in criminal cases on the same day as their examination would effectively end the culture of prolonging the trial of criminal cases in India. I cite these two judgements to highlight an important point, a creative and pragmatic approach is necessary to ensure procedures aimed at fairness don’t end up becoming counterproductive. While a fundamental review of the Code of Civil Procedure, 1908 and Code of Criminal Procedure, 1973 is critical, the example of judicial creativity demonstrated in the N.R. Bhat and Vinod Kumar judgements shows that effective adjudication has less to do with quantity of judges and more to do with the quality of judges. Furthermore, even before the procedures are fundamentally re-written, I think it is time, we measured the use of our procedures. For example the Code of Civil Procedure, 1908 provides room for the court to secure the assistance of family welfare experts in matters involving family disputes. In Australia, visitation orders for children are monitored by outsourced agencies trained and vetted in order to ensure the court has a neutral report of the welfare of the child, making the determination of guardianship and visitation much easier and faster. But in India despite the concept of such outsourced persons and agencies being contemplated in the law, it is seldom utilised. Perhaps the time is ripe for a manual to be provided identifying existing innovations within our law and mandating their use by the court system. To summarise, our procedures need to be revisited. One part of it involves changing the procedures altogether. But the other part of it involves reading the procedures in a manner which is jurisprudentially sound and yet capable of solving fundamental problems. Nepotism and poor pay Commercial courts, though required to be established by law, are yet to begin operations in several states, including Karnataka and their absence has inflicted cynicism in the minds of businesses. Special courts under beneficial legislations like the Protection of Children From Sexual Offences Act, 2012 are nothing but existing courts donning an additional hat under a POCSO Act. What we need is not just special courts, but exclusive courts. In other words, we need exclusivity for our special courts and not just special court status under special legislations. Secondly, no effort is being made to attract the right talent in our prosecution and government pleader ecosystem. The private sector offers much better compensation packages for the right legal talent and this is as true in India as it is in other countries. However, for those who may consider government service, they will be part of an ecosystem where nepotism remains a problem. I have had the unfortunate experience of facing government pleaders who oppose much needed medical termination of pregnancies for minor children, simply because they think their job is to oppose every writ petition that comes before the Karnataka High Court. Our Advocate Generals and Solicitor Generals are often the best and the brightest, but the grassroot government pleader and the public prosecutor suffer from poor pay, poorer training and even poorer access to critical resources like staff and case law databases. Unless the government invests money in their careers, in building their capacity and their skill set and training, we can neither expect expeditious disposals nor can we expect more conscious prosecutions and convictions. Big data and machine learning to nab criminals Investigation of Criminal cases is fundamentally challenging. Even the Federal Bureau of Investigation with all its sophisticated technology failed to apprehend the Unabomber for close to 17 years. Yet, what ultimately made the apprehension possible was a little-known technique back in the day called forensic linguistics. Based on the letters and publications of the Unabomber, what emerged was a unique approach to language, almost a linguistic signature of the bomber. A profile developed by FBI profiler James Fitzgerald using forensic linguistics ultimately led to the publication of the manifesto of the Unabomber, which was recognised by the Unabomber’s younger brother. The result was the identification of Ted Kazynsky as the Unabomber. A Harvard educated mathematician with an IQ of 167, the Unabomber was an Intellectual elite, but even he could not evade the law all because he wrote and spoke in a unique manner. After the Boston Bombing, when conventional facial recognition software could not provide a clear picture of the accused, an experimental technology of the University of Carnegie-Mellon’s Cylab Biometric Center which analysed the low-resolution picture released by the FBI, was able to identify the accused in a controlled experiment. What made this technology work when existing facial recognition software failed? The answer lied in a concept called machine learning, a process by which computers are “trained” to perform tasks. In this case, the Center’s technology was made to analyse thousands of faces in low resolution and high-resolution images, so that it can determine the bridge between low resolution and high-resolution images. The rationale of that bridge is then interpreted in the form of an algorithm which can then be used to develop high-resolution versions of low-resolution images. Image analytics and machine learning combined could greatly enhance the way suspects are identified using facial recognition software. The Department of Mathematics and the Department of Anthropology at UCLA, USA, published a paper in 2017 highlighting the utilities of using Deep learning methods for real-time crime forecasting. The paper titled “Deep Learning for Real Time Crime Forecasting” by Bao Wang, Duo Zhang, Duanhao Zhang, P. Jeffrey Brantingham and Andre L. Bertozzi suggests that using deep learning methods, pilot experiments in Los Angeles revealed “highly accurate predictive power” of the models developed using deep learning methods. I cite these case studies to make an important point- in India we don’t know what we don’t know. Forget forensic linguistics or offender profiling, machine learning or deep learning, I am yet to come across investigating officers in my training programmes who have some background in basics of criminal investigation, such as victimology and criminology. In an era of big data and analytics, India’s use of statistical methods in crime solving is limited to the National Crime Records Bureau Statistics published every year. But these statistics contain rich information that could throw light into patterns, motivational classification for criminals, modus operandis and signatures in crimes, etc. Machine learning and Deep Learning methods can enhance facial recognition software, enabling us to identify suspects from CCTV camera footage much faster and better. Analytics methods can help us reverse engineers crime scenes and victimology to determine the age profile, job profile and psychological characteristics of the suspect involved in the crime. Yet, we remain leaps behind in leveraging the full power of data analytics, machine learning, deep learning, behavioural sciences and artificial intelligence in investigating and prosecuting criminals in this country. The need of the hour is to do away with the age-old classification of law and order, crime and traffic within the police and instead have a dedicated investigation cadre with further specialisation in specific offences like homicide, sexual assault, robbery, theft, etc. A dedicated think tank is necessary within law enforcement circles to explore the use of data analytics, behavioural sciences and other modern technologies to aid the investigator in deciphering clues and apprehending suspects. Unless we fundamentally redo investigating agencies in this country, conviction rates are unlikely to go up nor will we find closure in many critical cases. A better Indian justice system in 2018? The problems within the judiciary in the year 2017 are not fundamentally different from the problems faced by the judiciary in 1997 or 2015 even. Overworked, underpaid, delayed disposals and poor conviction rates have remained the common themes associated with our justice system. Yet, we have remained slow and unwilling to accept the problems in our fundamentals. In the year, 2018 I hope that as a population we move away from demanding different laws and instead petition for a reformed system. As proud as I am of all that we do every day in the justice system, I have seen the potential to do better, in the good intentions and passion of judges, prosecutors, policemen, lawyers, bench clerks and stenographers among others every day in the court system. Let us enable them to produce results by giving them the right training, tools and manuals. We owe it to them and we owe it to ourselves. (Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL).

Opinion: What judiciary can learn from Vijay Mallya, Big data and private sector in 2018

<p>&nbsp;</p>

<p>Pradyuman, a 7-years old student of Ryan International School at Gurgaon, was found dead with his throat slit by a sharp-edged weapon on the morning of September 8. CCTV footage of the incident showed him crawling out of the school&#39;s washroom, his throat slit. He collapsed next to a wall in a pool of blood. The Gurgaon Police had arrested school bus conductor, Ashok Kumar, the same day.</p>

<p>In a very unexpected turn of event, the CBI today as taken into custody another student of the school who happened to have discovered Pradyuman&#39;s body. The accused is 16 years old and a student of class XI.&nbsp;</p>

<p>As per the latest changes in the Juvenile Justice Act, many are apprehending that the accused may get tried as an adult.</p>

<p>To have a better understanding of the scenario, WION spoke to an esteemed legal expert, Mr Ashok GV.&nbsp; Here is the excerpt from the interview.</p>

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<p>Pradyuman, a class II student of Ryan International School, was found dead with his throat slit on September 8. (Zee News Network)</p>
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<p><strong>Lawyer Ashok GV</strong>:&nbsp; Before I answer the query, though public sentiment may turn against the student who is in the care of the police in the Ryan International murder case, it is important to note that he is still a minor and, therefore, a child. That does not mitigate the tragedy of the murder itself. If anything a child being suspected of the murder of another child enhances the tragedy of it all. I would just want everyone to remain sensitive to this peculiar dynamic associated with this case, while we study the legality of it.&nbsp;</p>

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<h5>Though public sentiment may turn against the student who is in the care of the police in the Ryan International murder case, it is important to note that he is still a minor and, therefore, a child.</h5>
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<p><strong>WION</strong>: As CBI has taken into custody a class XI student of Ryan International School on charges of murdering a 7-years old of the same school, many are pointing out that the accused may be tried as an adult. Can a child be tried as an adult? If so, on what grounds.</p>

<p><strong>Lawyer Ashok GV</strong>: Section 15 (1) of the Juvenile Justice Act stipulates that where a child is in conflict with law (&ldquo;CICL&rdquo; for short), is alleged to have committed a heinous offence (including murder), the Juvenile Justice Board can initiate an inquiry to determine the physical and mental capacity of the CICL to commit such a crime, the CICL&rsquo;s ability to grasp the consequences of his actions and the circumstance and context to his actions. If the result of such assessment is that the CICL can be tried as an adult, the matter then goes before the adult justice system.&nbsp;</p>

<p>Though on paper this appears to be simple and straightforward, we lack the infrastructure and the human resources to mitigate bias and ensure a nuanced inquiry into the CICL&rsquo;s actions to determine culpability. Not only must this inquiry answer the above questions, but it must satisfy the test of reasonableness and application of mind which is a well-settled principle of law under Article 14 of the Constitution. The wisdom behind this power to try a CICL as an adult is heavily debated in Child Rights circles, and I myself believe that a CICL going into the adult justice system violates the reformative system of justice that Indian Criminal Law believes in.</p>

<p>In the Ryan International Murder case- the critical question as to whether the evidence available justifies the suspicions of the police or not is as yet unanswered.&nbsp;</p>

<p>Pending clarity of answers on these points, we can only speculate whether the senior student is accused of a heinous offence and if so, does he exhibit the criterion prescribed by Section 15 (1) of the Juvenile Justice Act to qualify for standing trial as an adult.&nbsp;</p>

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<p><strong>WION</strong>: Is there a POCSO angle to the Ryan murder case?</p>

<p><strong>Lawyer Ashok GV:</strong> POCSO Act broadly defines the offences under the following categories: 1) Penetrative Sexual Assault 2) Sexual Assault (and aggravated versions of 1 and 2), 3) Sexual Harassment, 4) Using child in a pornographic film and 5) Failure to report offences from 1 to 4 above.&nbsp;</p>

<p>In general, provisions defining crimes are interpreted in a strict manner to determine whether or not a given action qualifies as a crime. In the present case, based on the autopsy of the victim and the assessment of the crime scene, the investigators have to determine whether or not any of the definitions under the POCSO Act are attracted in this instance. POCSO Act does not by itself define killing a child as an offence, though if a sexual assault culminated into such a death, then it could be aggravated penetrative sexual assault or aggravated sexual assault.&nbsp;</p>

<p>The act of murder itself is defined in Section 302 of the Indian Penal Code.&nbsp;</p>

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<p><strong>WION</strong>: Indian Penal Code. 302 has been used to charge the senior student. Under the circumstance, what could be a&nbsp;possible defense?</p>

<p><strong>Lawyer Ashok GV</strong>: In a case of the nature involved in the Ryan International Murder case, there are two legal concepts that are relevant for discussion, viz., Culpable Homicide and Murder.&nbsp;</p>

<p>Both deal with one man killing another. But Murder is considered more serious than Culpable Homicide. In the U.S., these concepts are defined as murder in the first degree, second degree, manslaughter, etc.&nbsp;</p>

<p>I will try and simplify this as much as I can. If one man causes the death of another with the intention of causing such death, then it is murder. For it to qualify as murder, such causing of death must be premised on the knowledge of the offender that his actions will inflict bodily injury which will lead to death.&nbsp;</p>

<p>In other instances, the offender may not necessarily know that it may cause death. But if he knew what injury he wished to inflict, and such an injury in ordinary course will likely cause death, then also it is murder.&nbsp;</p>

<p>In the third instance, if the man inflicted harm which is intended to inflict a bodily injury which though ordinarily may not cause death, but with reference to the victim, due to some pre-existing condition in him which the offender knew, would lead to his death, then also it is murder.</p>

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<h5>The minor could not only argue that the prosecution does not have the evidence necessary to establish proof of guilt beyond reasonable doubt, but could further argue that he or she did not have the level of intent and knowledge necessary to qualify as murder.</h5>
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<p>So the distinguishing factor between Culpable Homicide and Murder is determined by intention and knowledge. To illustrate this- killing a man when deprived of self-control due to a grave and sudden provocation involves intention less mala fide than murder. So when the intention is not mala fide, but motivated by the heat of the moment or driven by consent of the victim, the killing of a person would not qualify as murder and instead qualify as culpable homicide. Both are punishable offences with different punishments.</p>

<p>In the case of a minor accused of killing another person, establishing that the minor had the level of intent and knowledge necessary to qualify as murder would not be an easy task. In addition, the quality of investigation would have to be impeccable to ensure collection of forensic evidence in a manner that would stand the test of law. The minor could not only argue that the prosecution does not have the evidence necessary to establish proof of guilt beyond reasonable doubt, but could further argue that he or she did not have the level of intent and knowledge necessary to qualify as murder.</p>

<p>&nbsp;</p>

<p>Just another point, the investigators will also have to examine whether the eyewitness testimony supports the case against the minor and if so the credibility of the testimony as well as the character of the eyewitness itself becomes very important</p>

<p>&nbsp;</p>

<p>The legal interpretation of the case is of author&#39;s own.</p>


In the case of a minor accused of killing another person, establishing that the minor had the level of intent and knowledge necessary to qualify as murder would not be an easy task.

Pradyuman, a 7-years old student of Ryan International School at Gurgaon, was found dead with his throat slit by a sharp-edged weapon on the morning of September 8. CCTV footage of the incident showed him crawling out of the school's washroom, his throat slit. He collapsed next to a wall in a pool of blood. The Gurgaon Police had arrested school bus conductor, Ashok Kumar, the same day. In a very unexpected turn of event, the CBI today as taken into custody another student of the school who happened to have discovered Pradyuman's body. The accused is 16 years old and a student of class XI. As per the latest changes in the Juvenile Justice Act, many are apprehending that the accused may get tried as an adult. To have a better understanding of the scenario, WION spoke to an esteemed legal expert, Mr Ashok GV. Here is the excerpt from the interview. Pradyuman, a class II student of Ryan International School, was found dead with his throat slit on September 8. (Zee News Network) × Lawyer Ashok GV: Before I answer the query, though public sentiment may turn against the student who is in the care of the police in the Ryan International murder case, it is important to note that he is still a minor and, therefore, a child. That does not mitigate the tragedy of the murder itself. If anything a child being suspected of the murder of another child enhances the tragedy of it all. I would just want everyone to remain sensitive to this peculiar dynamic associated with this case, while we study the legality of it. Though public sentiment may turn against the student who is in the care of the police in the Ryan International murder case, it is important to note that he is still a minor and, therefore, a child. × WION: As CBI has taken into custody a class XI student of Ryan International School on charges of murdering a 7-years old of the same school, many are pointing out that the accused may be tried as an adult. Can a child be tried as an adult? If so, on what grounds. Lawyer Ashok GV: Section 15 (1) of the Juvenile Justice Act stipulates that where a child is in conflict with law (“CICL” for short), is alleged to have committed a heinous offence (including murder), the Juvenile Justice Board can initiate an inquiry to determine the physical and mental capacity of the CICL to commit such a crime, the CICL’s ability to grasp the consequences of his actions and the circumstance and context to his actions. If the result of such assessment is that the CICL can be tried as an adult, the matter then goes before the adult justice system. Though on paper this appears to be simple and straightforward, we lack the infrastructure and the human resources to mitigate bias and ensure a nuanced inquiry into the CICL’s actions to determine culpability. Not only must this inquiry answer the above questions, but it must satisfy the test of reasonableness and application of mind which is a well-settled principle of law under Article 14 of the Constitution. The wisdom behind this power to try a CICL as an adult is heavily debated in Child Rights circles, and I myself believe that a CICL going into the adult justice system violates the reformative system of justice that Indian Criminal Law believes in. In the Ryan International Murder case- the critical question as to whether the evidence available justifies the suspicions of the police or not is as yet unanswered. Pending clarity of answers on these points, we can only speculate whether the senior student is accused of a heinous offence and if so, does he exhibit the criterion prescribed by Section 15 (1) of the Juvenile Justice Act to qualify for standing trial as an adult. India lacks the infrastructure and the human resources to mitigate bias and ensure a nuanced inquiry into the CICL’s actions to determine culpability. × WION: Is there a POCSO angle to the Ryan murder case? Lawyer Ashok GV: POCSO Act broadly defines the offences under the following categories: 1) Penetrative Sexual Assault 2) Sexual Assault (and aggravated versions of 1 and 2), 3) Sexual Harassment, 4) Using child in a pornographic film and 5) Failure to report offences from 1 to 4 above. In general, provisions defining crimes are interpreted in a strict manner to determine whether or not a given action qualifies as a crime. In the present case, based on the autopsy of the victim and the assessment of the crime scene, the investigators have to determine whether or not any of the definitions under the POCSO Act are attracted in this instance. POCSO Act does not by itself define killing a child as an offence, though if a sexual assault culminated into such a death, then it could be aggravated penetrative sexual assault or aggravated sexual assault. The act of murder itself is defined in Section 302 of the Indian Penal Code. Based on the autopsy of the victim and the assessment of the crime scene, the investigators have to determine whether or not any of the definitions under the POCSO Act are attracted in this instance. × WION: Indian Penal Code. 302 has been used to charge the senior student. Under the circumstance, what could be a possible defense? Lawyer Ashok GV: In a case of the nature involved in the Ryan International Murder case, there are two legal concepts that are relevant for discussion, viz., Culpable Homicide and Murder. Both deal with one man killing another. But Murder is considered more serious than Culpable Homicide. In the U.S., these concepts are defined as murder in the first degree, second degree, manslaughter, etc. I will try and simplify this as much as I can. If one man causes the death of another with the intention of causing such death, then it is murder. For it to qualify as murder, such causing of death must be premised on the knowledge of the offender that his actions will inflict bodily injury which will lead to death. In other instances, the offender may not necessarily know that it may cause death. But if he knew what injury he wished to inflict, and such an injury in ordinary course will likely cause death, then also it is murder. In the third instance, if the man inflicted harm which is intended to inflict a bodily injury which though ordinarily may not cause death, but with reference to the victim, due to some pre-existing condition in him which the offender knew, would lead to his death, then also it is murder. The minor could not only argue that the prosecution does not have the evidence necessary to establish proof of guilt beyond reasonable doubt, but could further argue that he or she did not have the level of intent and knowledge necessary to qualify as murder. × So the distinguishing factor between Culpable Homicide and Murder is determined by intention and knowledge. To illustrate this- killing a man when deprived of self-control due to a grave and sudden provocation involves intention less mala fide than murder. So when the intention is not mala fide, but motivated by the heat of the moment or driven by consent of the victim, the killing of a person would not qualify as murder and instead qualify as culpable homicide. Both are punishable offences with different punishments. In the case of a minor accused of killing another person, establishing that the minor had the level of intent and knowledge necessary to qualify as murder would not be an easy task. In addition, the quality of investigation would have to be impeccable to ensure collection of forensic evidence in a manner that would stand the test of law. The minor could not only argue that the prosecution does not have the evidence necessary to establish proof of guilt beyond reasonable doubt, but could further argue that he or she did not have the level of intent and knowledge necessary to qualify as murder. Just another point, the investigators will also have to examine whether the eyewitness testimony supports the case against the minor and if so the credibility of the testimony as well as the character of the eyewitness itself becomes very important The legal interpretation of the case is of author's own.

What happens to the accused in Ryan murder case? A legal explainer

<p>The &ldquo;#metoo&rdquo; campaign is the voice of the people who are rightly exasperated by the culture of sexual aggression and the surrounding shame. Indeed, removing the culture of shame and its predecessor, silence, is the first step towards dismantling the arsenal of the aggressor, who goes by many names, &ldquo;rapist&rdquo; and &ldquo;sexual predator&rdquo; being two of them.</p>

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<h5>A woman on facebook as part of the naming and shaming process of the &ldquo;metoo&rdquo; campaign, has raised serious ethical and legal dilemmas.</h5>
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<p>By facilitating a safe space to vent and express, the campaign has also assumed a therapeutic purpose. However, the listing of important names in academia as aggressors by a woman on Facebook, as part of the naming and shaming process of the &ldquo;metoo&rdquo; campaign, has raised serious ethical and legal dilemmas. While there are no easy answers to these questions, I also fear the impact of this debate on the credibility and overall efficacy of the victim&rsquo;s rights movement in India.</p>

<p>I proceed on the premise that sexual violence can be seen from three perspectives, one as an experience of the victim, two as a definition under the law and three as a convergence of one and two. Sexual violence is an experience, but the terms &ldquo;rape&rdquo;, &ldquo;stalking&rdquo;, &ldquo;voyeurism&rdquo; and &ldquo;sexual harassment&rdquo; are legal concepts. Sometimes the sense of victimisation is also perceived and defined by law, in which case sexual aggression qualifies as &ldquo;rape&rdquo;, &ldquo;sexual harassment&rdquo;, &ldquo;voyeurism&rdquo;, &ldquo;stalking&rdquo;, etc.</p>

<p>You see, if an experience qualifies as a legal definition of sexual aggression, the offender cannot get away with a simple apology, no matter how sincere or well-intentioned. Similarly, the complainant, where a legal offence of sexual aggression is alleged, is bound by rules of evidence. The law attempts to strike a balance when sexual aggression qualifies as a crime viz., the severity of consequences for the offender, but tempered by the burden of proof to establish accountability.</p>

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<h5>As an experience of the victim, sexual violence is far more pervasive and diverse, than the law can foresee, perceive and define.</h5>
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<p>In other words, guilt beyond reasonable doubt. An objective act of sexual aggression beyond excuse or reproach. In recent times, many big persons were named in social media posts as having indulged in sexual harassment. However, we did not see punishment for any of them with the exception of Harvey Weinstein who got fired from his own company. Mr Weinstein remains perhaps the sole exception to the &quot;no consequences for sexual predators through social media posts&quot; rule.</p>

<p>As an experience of the victim, sexual violence is far more pervasive and diverse, than the law can foresee, perceive and define. This diversity stems from the inherently subjective nature of negotiating consent for a sexual relationship. To cite an example, western media content taught us that men go to bars to find single women. A man would then ask the woman out for a drink or a cup of coffee and if successful, commences on the process of dating. However, despite my best intentions, a similar attempt to &quot;ask out&quot; a woman in India may very well constitute sexual aggression, considering the diversity of cultural contexts in gender relations.</p>

<p>The defence of the man to such an accusation would be, &quot;I asked her out. She could have said no and I would have backed out&quot;. I have asked out women, I have been rejected and I have backed out. But does that then mean that asking out the woman itself is sexual aggression? I have avoided committing the criminal offence of &quot;sexual harassment&quot; because on being made aware of the woman&rsquo;s lack of interest and lack of consent to the continued conversation, I backed out.</p>

<p>But the fact remains that any girl who felt intimidated by the actions of a stranger wanting to have a conversation over a cup of coffee has still experienced sexual aggression even if in the eyes of society or law or the man- it is not such an act. This insensitivity to the experience of women lies at the heart of the &quot;metoo&quot; campaign. For too long, formal rules of procedure, inherent challenges of evidence and inexcusable conviction rates, have eroded the trust of women in the legal concepts around sexual aggression and the justice system&rsquo;s ability to help them address sexual aggression.</p>

<p>But my experience of assisting the prosecution of sexual assault cases or training internal complaints committees to adjudicate complaints of sexual harassment has also opened my eyes to the inherent limitations of the law when it comes to addressing very diverse experience around sexual victimisation.</p>

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<h5>Our system of laws is guilty of not being nuanced enough to recognise the different versions of sexual aggression and address them with punishments that could range from a simple acknowledgement of your experience to life imprisonment, depending upon the nature of aggression.</h5>
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<p>Sexual aggression as an experience suffers from the same difficulty that sexuality suffers from, it is subjective and ranges from person to person. But the law attempts to standardise a form of victimisation that is fundamentally unique to each individual. Therefore, legal definitions of sexual aggression as &ldquo;rape&rdquo; or &ldquo;sexual harassment&rdquo; will always stop short of addressing sexual aggression as an experience.</p>

<p>So, to all the women out there, let me say this, simply because what you experienced may not lead to a conviction or doesn&rsquo;t qualify as a crime, doesn&rsquo;t undermine your experience nor does it mean that the wrongdoer was not the wrongdoer. It simply means our system of laws is guilty of not being nuanced enough to recognise the different versions of sexual aggression and address them with punishments that could range from a simple acknowledgement of your experience to life imprisonment, depending upon the nature of aggression. But it does mean that when your victimisation doesn&rsquo;t fit into the several definitions of sexual aggression such as &ldquo;rape&rdquo; or &ldquo;sexual harassment&rdquo;, your remedy doesn&rsquo;t exist in the law.</p>

<p>The authors of the list containing the academics&rsquo; names could argue that because conventional legal systems are likely to fail them on account of inherent evidentiary challenges, late reporting, and the shallow attempts of law to define diverse forms of sexual aggression, this was their only means of venting. But is naming a perpetrator of something that may not be a crime, simply to vent, justified?</p>

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<h5>The rule of law protects the bodily integrity and autonomy of every individual, man or woman, no doubt. But it also protects people, men and women, from having their reputations tarnished publicly through libel and slander laws.</h5>
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<p>But where does a legitimate cry for justice, stop being that, and becomes instead a feminist version of the Spanish Inquisition? The rule of law protects the bodily integrity and autonomy of every individual, man or woman, no doubt. But it also protects people, men and women, from having their reputations tarnished publicly through libel and slander laws. When does a social media post about sexual aggression stop being a complaint and becomes libel instead? And how can we balance the right to reputation with the right to justice for violation of bodily autonomy and integrity?</p>

<p>Social media trials operate on the premise that there is no need to balance the right to reputation with the right to justice for violation of bodily autonomy and integrity. It does away the need to determine not just the wrong, but the full extent of the wrong, so as to determine what is a proportional punishment. The prior discussion around the differences between the sociological/psychological understanding of sexual aggression and its legal understanding was to highlight the dangers of social media trials of sexual aggression cases.</p>

<p>How do we determine based on a single Facebook post the true extent of victimisation and sexual aggression? Because that determination is possible only through a nuanced inquiry which none of us can hope to initiate. That inquiry may either reveal a crime or sexual victimisation not constituting a crime. Based on that, we can judge.</p>

<p>However, without a complete and thorough understanding of the victimisation or sexual aggression involved, how do we determine, if the academics named on the list qualified for being defamed online? Social media trials often only satisfy voyeuristic curiosity, but seldom fail to bring about justice. We are all vulnerable to amnesia and even the most serious sexual predator out there knows that if he lies low long enough, we will convince ourselves that he doesn&rsquo;t exist.</p>

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<h5>Justice is the product of a legal system and not just a lynch mob, no matter how just the mob&rsquo;s cause may be.</h5>
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<p>So, how should the academics respond? Defamation suit could be tempting, but no woman deserves to be sued for making a complaint, no matter how unsustainable. Rather, the academics in the list, many of whom are feminists have a golden opportunity. Let them write to the jurisdictional Internal Complaints Committees asking for the complaints to be probed, impartially and dispassionately.</p>

<p>Such an initiative on their part would demonstrate that their claims of innocence are premised on confidence and not on our propensity for amnesia. It would also be a telling endorsement of the rule of law and provoke our legal system to action. And either way, there will be closure at the end of the inquiry. After all, justice is the product of a legal system and not just a lynch mob, no matter how just the mob&rsquo;s cause may be.</p>


Me too campaign has raised voyeuristic curiosity on social media but the intervention of judiciary would help in bringing about justice

The “#metoo” campaign is the voice of the people who are rightly exasperated by the culture of sexual aggression and the surrounding shame. Indeed, removing the culture of shame and its predecessor, silence, is the first step towards dismantling the arsenal of the aggressor, who goes by many names, “rapist” and “sexual predator” being two of them. A woman on facebook as part of the naming and shaming process of the “metoo” campaign, has raised serious ethical and legal dilemmas. × By facilitating a safe space to vent and express, the campaign has also assumed a therapeutic purpose. However, the listing of important names in academia as aggressors by a woman on Facebook, as part of the naming and shaming process of the “metoo” campaign, has raised serious ethical and legal dilemmas. While there are no easy answers to these questions, I also fear the impact of this debate on the credibility and overall efficacy of the victim’s rights movement in India. I proceed on the premise that sexual violence can be seen from three perspectives, one as an experience of the victim, two as a definition under the law and three as a convergence of one and two. Sexual violence is an experience, but the terms “rape”, “stalking”, “voyeurism” and “sexual harassment” are legal concepts. Sometimes the sense of victimisation is also perceived and defined by law, in which case sexual aggression qualifies as “rape”, “sexual harassment”, “voyeurism”, “stalking”, etc. You see, if an experience qualifies as a legal definition of sexual aggression, the offender cannot get away with a simple apology, no matter how sincere or well-intentioned. Similarly, the complainant, where a legal offence of sexual aggression is alleged, is bound by rules of evidence. The law attempts to strike a balance when sexual aggression qualifies as a crime viz., the severity of consequences for the offender, but tempered by the burden of proof to establish accountability. As an experience of the victim, sexual violence is far more pervasive and diverse, than the law can foresee, perceive and define. × In other words, guilt beyond reasonable doubt. An objective act of sexual aggression beyond excuse or reproach. In recent times, many big persons were named in social media posts as having indulged in sexual harassment. However, we did not see punishment for any of them with the exception of Harvey Weinstein who got fired from his own company. Mr Weinstein remains perhaps the sole exception to the "no consequences for sexual predators through social media posts" rule. As an experience of the victim, sexual violence is far more pervasive and diverse, than the law can foresee, perceive and define. This diversity stems from the inherently subjective nature of negotiating consent for a sexual relationship. To cite an example, western media content taught us that men go to bars to find single women. A man would then ask the woman out for a drink or a cup of coffee and if successful, commences on the process of dating. However, despite my best intentions, a similar attempt to "ask out" a woman in India may very well constitute sexual aggression, considering the diversity of cultural contexts in gender relations. The defence of the man to such an accusation would be, "I asked her out. She could have said no and I would have backed out". I have asked out women, I have been rejected and I have backed out. But does that then mean that asking out the woman itself is sexual aggression? I have avoided committing the criminal offence of "sexual harassment" because on being made aware of the woman’s lack of interest and lack of consent to the continued conversation, I backed out. But the fact remains that any girl who felt intimidated by the actions of a stranger wanting to have a conversation over a cup of coffee has still experienced sexual aggression even if in the eyes of society or law or the man- it is not such an act. This insensitivity to the experience of women lies at the heart of the "metoo" campaign. For too long, formal rules of procedure, inherent challenges of evidence and inexcusable conviction rates, have eroded the trust of women in the legal concepts around sexual aggression and the justice system’s ability to help them address sexual aggression. But my experience of assisting the prosecution of sexual assault cases or training internal complaints committees to adjudicate complaints of sexual harassment has also opened my eyes to the inherent limitations of the law when it comes to addressing very diverse experience around sexual victimisation. Our system of laws is guilty of not being nuanced enough to recognise the different versions of sexual aggression and address them with punishments that could range from a simple acknowledgement of your experience to life imprisonment, depending upon the nature of aggression. × Sexual aggression as an experience suffers from the same difficulty that sexuality suffers from, it is subjective and ranges from person to person. But the law attempts to standardise a form of victimisation that is fundamentally unique to each individual. Therefore, legal definitions of sexual aggression as “rape” or “sexual harassment” will always stop short of addressing sexual aggression as an experience. So, to all the women out there, let me say this, simply because what you experienced may not lead to a conviction or doesn’t qualify as a crime, doesn’t undermine your experience nor does it mean that the wrongdoer was not the wrongdoer. It simply means our system of laws is guilty of not being nuanced enough to recognise the different versions of sexual aggression and address them with punishments that could range from a simple acknowledgement of your experience to life imprisonment, depending upon the nature of aggression. But it does mean that when your victimisation doesn’t fit into the several definitions of sexual aggression such as “rape” or “sexual harassment”, your remedy doesn’t exist in the law. The authors of the list containing the academics’ names could argue that because conventional legal systems are likely to fail them on account of inherent evidentiary challenges, late reporting, and the shallow attempts of law to define diverse forms of sexual aggression, this was their only means of venting. But is naming a perpetrator of something that may not be a crime, simply to vent, justified? The rule of law protects the bodily integrity and autonomy of every individual, man or woman, no doubt. But it also protects people, men and women, from having their reputations tarnished publicly through libel and slander laws. × But where does a legitimate cry for justice, stop being that, and becomes instead a feminist version of the Spanish Inquisition? The rule of law protects the bodily integrity and autonomy of every individual, man or woman, no doubt. But it also protects people, men and women, from having their reputations tarnished publicly through libel and slander laws. When does a social media post about sexual aggression stop being a complaint and becomes libel instead? And how can we balance the right to reputation with the right to justice for violation of bodily autonomy and integrity? Social media trials operate on the premise that there is no need to balance the right to reputation with the right to justice for violation of bodily autonomy and integrity. It does away the need to determine not just the wrong, but the full extent of the wrong, so as to determine what is a proportional punishment. The prior discussion around the differences between the sociological/psychological understanding of sexual aggression and its legal understanding was to highlight the dangers of social media trials of sexual aggression cases. How do we determine based on a single Facebook post the true extent of victimisation and sexual aggression? Because that determination is possible only through a nuanced inquiry which none of us can hope to initiate. That inquiry may either reveal a crime or sexual victimisation not constituting a crime. Based on that, we can judge. However, without a complete and thorough understanding of the victimisation or sexual aggression involved, how do we determine, if the academics named on the list qualified for being defamed online? Social media trials often only satisfy voyeuristic curiosity, but seldom fail to bring about justice. We are all vulnerable to amnesia and even the most serious sexual predator out there knows that if he lies low long enough, we will convince ourselves that he doesn’t exist. Justice is the product of a legal system and not just a lynch mob, no matter how just the mob’s cause may be. × So, how should the academics respond? Defamation suit could be tempting, but no woman deserves to be sued for making a complaint, no matter how unsustainable. Rather, the academics in the list, many of whom are feminists have a golden opportunity. Let them write to the jurisdictional Internal Complaints Committees asking for the complaints to be probed, impartially and dispassionately. Such an initiative on their part would demonstrate that their claims of innocence are premised on confidence and not on our propensity for amnesia. It would also be a telling endorsement of the rule of law and provoke our legal system to action. And either way, there will be closure at the end of the inquiry. After all, justice is the product of a legal system and not just a lynch mob, no matter how just the mob’s cause may be.

#Metoo: Will cry for justice turn into mob lynching?

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<p align="center" style="color: rgb(170, 170, 170); font-style: italic;">&nbsp;</p>

<p>Is the conduct of the accused in consonance with that of a guilty person or is it in consonance with an innocent person? That is the question that needs to be answered every time a crime is to be proved in a court of law.</p>

<p>Take the case of two individuals, Mr. Rajesh Talwar and Ms. Nupur Talwar. Their daughter is discovered murdered on one fateful morning. The crime scene is left unsealed and visitors throng their residence without any restrictions thanks to a police team that did not know the basics of crime scene investigations. A few days later the family help is found murdered on the terrace.&nbsp;</p>

<p>The Police formulate a theory and the CBI redefines the theory after an employee of the Talwars confesses under the influence of narco analysis. But then there is another twist, the CBI redefines its own redefined theory finally pointing fingers at the Talwars, only to seek closure of the case on the premise that they couldn&rsquo;t gather evidence which <i>prima facie </i>establishes the needle of suspicion in the direction of the Talwars, as required for filing a charge sheet.&nbsp;</p>

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<h5>CBI court convicts the Talwars as a consequence of the couple&#39;s own successful actions to keep the case alive.</h5>
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<p>The Talwars then challenge the closure report, wanting the case to be kept open. After reviewing these sequence of complex events, the CBI court convicts the Talwars as a consequence of the couple&#39;s own successful actions to keep the case alive.</p>

<p>There are many questionable aspects of the prosecution&rsquo;s case. But the most dominant question that I ask myself is whether a person guilty of a crime would willingly stop the investigator&rsquo;s efforts to close the case and move on?</p>

<p>Even if I keep this paradoxical conduct of the Accused aside for a second, in a criminal case, an acquittal can either be the consequence of the accused being innocent or it can be the consequence of the prosecution failing to meet the burden of proof to establish guilt&nbsp;beyond reasonable doubt. Firstly, the prosecution couldn&rsquo;t explain why the murder accused would themselves challenge the CBI&rsquo;s closure report to keep the case alive.</p>

<p>Secondly, the theory that it was an honour killing by parents discovering their daughter in a compromising position with the family help (who was also found dead subsequently), was backed up by a medical examiner whose basis was that the penis of the said family help was enlarged. When pointed out that the enlargement of the genital organs could occur as a result of putrefaction, the doctor justified his opinion on the ground that being a married man, he would know why a man&rsquo;s penis would be enlarged. Would such testimony and evidence qualify as the benchmark for the prosecution establishing guilt beyond reasonable doubt, which is essential for convicting the Talwar&rsquo;s for murders?</p>

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<h5>It is still open to determine whether or not the Talwar&rsquo;s found reprieve on grounds of innocence or as beneficiaries of the benefit of doubt.</h5>
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<p>Today&rsquo;s judgement of the Allahabad High Court acquitting the Talwars remedied, what in my opinion, was an untenable order of conviction in the Aarushi Talwar murder case. Make no mistake, the acquittal by itself doesn&rsquo;t mean that the Talwar&rsquo;s were innocent. Pending the review of the copy of the judgement of acquittal, it is still open to determine whether or not the Talwar&rsquo;s found reprieve on grounds of innocence or as beneficiaries of the benefit of doubt, occasioned by a poorly conceived investigation and prosecution. Either way, they did not deserve to languish in prison, and I think justice is done one way or the other by the Hon&rsquo;ble Allahabad High Court.</p>

<p>That being said, it must be noted that in the case of <em>State v. Kishan Bai</em>, the Supreme Court directed that in cases of acquittal due to lapses in investigation and prosecution, the acquitting court has to identify the source of lapses and direct action to be taken against the erring investigators and prosecutors. Therefore, the Aarushi Talwar case is an excellent opportunity for the judiciary to fix accountability on the investigators and prosecutor(s) who spearheaded the case of the prosecution leading to the conviction which is now set aside. The unfortunate reality in every case of acquittal, especially in cases as heinous as murder or rape, is that the victim and her loved ones have no closure on one hand and on the other hand, the accused is branded a criminal until his/her name is cleared. In itself, the journey preceding the acquittal is a tragedy, for all stakeholders on both sides.</p>

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<p>What makes this tragedy particularly bad for the Talwars is that they are both the loved ones without closure as well as the accused who languished in prison on the strength of a conviction order which eventually was set aside. Therefore, by virtue of the said judgement of the Supreme Court, it is time we identified the men and women who were responsible for the poor investigation and prosecution and ensured they are suitably disciplined as per law.</p>

<p>The time spent in prison by the Talwars on the strength of careless investigation and prosecution must be quantified and suitable reparations are called for. And at the very least, such reparations must include identifying the killer in the murder of Aarushi Talwar and Hemraj and bringing him or her or them to justice.</p>

<p align="right">&nbsp;</p>


What makes this tragedy particularly bad for the Talwars is that they are both the loved ones without closure, as well as, the accused who languished in prison on the strength of a conviction order which eventually is set aside.

Is the conduct of the accused in consonance with that of a guilty person or is it in consonance with an innocent person? That is the question that needs to be answered every time a crime is to be proved in a court of law. Take the case of two individuals, Mr. Rajesh Talwar and Ms. Nupur Talwar. Their daughter is discovered murdered on one fateful morning. The crime scene is left unsealed and visitors throng their residence without any restrictions thanks to a police team that did not know the basics of crime scene investigations. A few days later the family help is found murdered on the terrace. The Police formulate a theory and the CBI redefines the theory after an employee of the Talwars confesses under the influence of narco analysis. But then there is another twist, the CBI redefines its own redefined theory finally pointing fingers at the Talwars, only to seek closure of the case on the premise that they couldn’t gather evidence which prima facie establishes the needle of suspicion in the direction of the Talwars, as required for filing a charge sheet. CBI court convicts the Talwars as a consequence of the couple's own successful actions to keep the case alive. × The Talwars then challenge the closure report, wanting the case to be kept open. After reviewing these sequence of complex events, the CBI court convicts the Talwars as a consequence of the couple's own successful actions to keep the case alive. There are many questionable aspects of the prosecution’s case. But the most dominant question that I ask myself is whether a person guilty of a crime would willingly stop the investigator’s efforts to close the case and move on? Even if I keep this paradoxical conduct of the Accused aside for a second, in a criminal case, an acquittal can either be the consequence of the accused being innocent or it can be the consequence of the prosecution failing to meet the burden of proof to establish guilt beyond reasonable doubt. Firstly, the prosecution couldn’t explain why the murder accused would themselves challenge the CBI’s closure report to keep the case alive. Secondly, the theory that it was an honour killing by parents discovering their daughter in a compromising position with the family help (who was also found dead subsequently), was backed up by a medical examiner whose basis was that the penis of the said family help was enlarged. When pointed out that the enlargement of the genital organs could occur as a result of putrefaction, the doctor justified his opinion on the ground that being a married man, he would know why a man’s penis would be enlarged. Would such testimony and evidence qualify as the benchmark for the prosecution establishing guilt beyond reasonable doubt, which is essential for convicting the Talwar’s for murders? It is still open to determine whether or not the Talwar’s found reprieve on grounds of innocence or as beneficiaries of the benefit of doubt. × Today’s judgement of the Allahabad High Court acquitting the Talwars remedied, what in my opinion, was an untenable order of conviction in the Aarushi Talwar murder case. Make no mistake, the acquittal by itself doesn’t mean that the Talwar’s were innocent. Pending the review of the copy of the judgement of acquittal, it is still open to determine whether or not the Talwar’s found reprieve on grounds of innocence or as beneficiaries of the benefit of doubt, occasioned by a poorly conceived investigation and prosecution. Either way, they did not deserve to languish in prison, and I think justice is done one way or the other by the Hon’ble Allahabad High Court. That being said, it must be noted that in the case of State v. Kishan Bai, the Supreme Court directed that in cases of acquittal due to lapses in investigation and prosecution, the acquitting court has to identify the source of lapses and direct action to be taken against the erring investigators and prosecutors. Therefore, the Aarushi Talwar case is an excellent opportunity for the judiciary to fix accountability on the investigators and prosecutor(s) who spearheaded the case of the prosecution leading to the conviction which is now set aside. The unfortunate reality in every case of acquittal, especially in cases as heinous as murder or rape, is that the victim and her loved ones have no closure on one hand and on the other hand, the accused is branded a criminal until his/her name is cleared. In itself, the journey preceding the acquittal is a tragedy, for all stakeholders on both sides. Aarushi Talwar case is an excellent opportunity for the judiciary to fix accountability on the investigators and prosecutor(s) who spearheaded the case. × What makes this tragedy particularly bad for the Talwars is that they are both the loved ones without closure as well as the accused who languished in prison on the strength of a conviction order which eventually was set aside. Therefore, by virtue of the said judgement of the Supreme Court, it is time we identified the men and women who were responsible for the poor investigation and prosecution and ensured they are suitably disciplined as per law. The time spent in prison by the Talwars on the strength of careless investigation and prosecution must be quantified and suitable reparations are called for. And at the very least, such reparations must include identifying the killer in the murder of Aarushi Talwar and Hemraj and bringing him or her or them to justice.

Reprieve for Talwars: A case of justice delayed but not denied

<p>The recent murder of a boy in a prominent international school has once again reignited focus on the issue of the safety of our children. Good spirited citizens and stalwarts of the child rights movement in India have declared war against the rape of children. This will hopefully raise much-needed awareness and make our population conscious of their role in ensuring our children&rsquo;s safety. However, call me a sceptic, but somehow the efficacy of these campaigns remain debatable (notwithstanding the good intentions behind them) considering how infrequent they are and how little effort is being made to tackle the grassroots&nbsp;problems around child sexual abuse. &nbsp;</p>

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<h5>A more recent study by World Vision revealed that 1 in 2 children are sexually abused.</h5>
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<p>A 2007 Government of India study on the magnitude of child abuse in India revealed that 53 per cent of boys and 47 per cent of girls who were part of the study revealed one or the other form of child sexual abuse. A more recent study by World Vision revealed that 1 in 2 children are sexually abused. In other words, from 2007 to 2017, we haven&rsquo;t had much luck in reducing the number of children who are sexually victimised.&nbsp;</p>

<p>Law enforcement statistics don&rsquo;t inspire much confidence either. A study by the Centre for Child and Law, National Law School of India University, Bengaluru on the functioning of special courts across the country revealed poor conviction rates and poorer compliance with the beneficial procedures for trial under the Protection of Children From Sexual Offences Act, 2012. Poor quality investigations and prosecutions, lack of means to achieve expeditious administration of justice and, therefore, excellent acquittal rates, were as many problems a decade back as they are now. What has changed after years of campaigns and protests? The law? Yes. But are our children any less victimised? No. Where are we going wrong then?</p>

<p>On the prevention front, most states are yet to formulate child protection policies for children at school. Schools in Bangalore that saw incidents of child sexual abuse on campus early on, following the enactment of the POCSO Act, continue to function without much consequences. University and school campuses in the United States of America have suffered prohibitive orders for payment of damages that just makes it too expensive for them to not take the safety of students on campus seriously. When will we see such accountability in India?&nbsp;</p>

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<h5>Our discomfort around the subject of sexuality and corresponding safety translates to ignorance for our children.</h5>
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<p>Secondly, parents continue to transfer the onus of safety and sexuality education to educational institutions without making that a conversation at home. Our discomfort around the subject of sexuality and corresponding safety translates to ignorance for our children. Couple that with a culture of body shaming and pressure to achieve and our kids are not only ignorant but lack self-esteem. The result is vulnerability to abuse: emotional, physical and sexual. Plus, we also have a recurring and more widespread problem of incestuous child sexual abuse at home. Still, we continue to teach our children to obey elders without question. So this begs the question, are we holding ourselves accountable for failing in our duty to educate and empower our kids?</p>

<p>While the crime prevention dynamic is pathetic, crime investigations and prosecution fare no better. Our law enforcement agencies lack specialisation and a culture of research which is necessary to ensure effective institutions. Yet no campaign so far has demanded that the Government of India institute a program on the lines of the Behavioral Sciences Unit of the FBI in the USA. We still don&rsquo;t understand the child sex offender, because thus far, law enforcement has made no effort to study them to understand the patterns and motives governing these crimes.</p>

<p>Only one researcher in Criminology tried to study convicted rapists in India and our law enforcement must ask themselves why it was a good spirited citizen and not them that made this first effort. On an average, a DNA test report takes 18 months because we don&rsquo;t have enough forensic science laboratories. The sum total of these failures is that we don&rsquo;t have effective investigation tools and techniques to catch sex offenders quickly and effectively.&nbsp;</p>

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<p>Yet none of our campaigns so far have demanded the reforms necessary to address the above problems. While we are content distributing sweets when rapists are sentenced to death and we burn police stations, we refuse to focus on what we really need to prevent, deter and punish crimes against women and children. So far, the movement for victim&rsquo;s rights has suffered from intellectual laziness and profound insensitivity to the real problems on the ground. The reactive approach to sex crimes has served the only purpose of venting emotion and changing laws but has failed to achieve the necessary means to enforce those laws effectively. This begs the last question, are we holding ourselves accountable for our inefficiency as citizen activists?</p>

<p>Lastly, you might ask- who am I to judge people&rsquo;s emotions on the streets? I am a nobody, I admit. In fact, I shudder to put myself in the shoes of the child or the family that has been victimised by or affected by child sexual abuse. It is a nightmare in every sense of the word. But solutions I am afraid, come from a clinical approach to crime, bereft of emotions and supported by objective research. No doubt we should be angry and no doubt that we should empathise with the child who lost his life. But that anger and that empathy will go to a waste if we can&rsquo;t make our country safer for the other children out there. Can we, therefore, take a breather, sit on the drawing table and start planning and then act? For I feel that the war on rape can be won with strategy and not by a spontaneous call for action.</p>


What has changed after years of campaigns and protests? The law. But are our children any less victimised? No.

The recent murder of a boy in a prominent international school has once again reignited focus on the issue of the safety of our children. Good spirited citizens and stalwarts of the child rights movement in India have declared war against the rape of children. This will hopefully raise much-needed awareness and make our population conscious of their role in ensuring our children’s safety. However, call me a sceptic, but somehow the efficacy of these campaigns remain debatable (notwithstanding the good intentions behind them) considering how infrequent they are and how little effort is being made to tackle the grassroots problems around child sexual abuse. A more recent study by World Vision revealed that 1 in 2 children are sexually abused. × A 2007 Government of India study on the magnitude of child abuse in India revealed that 53 per cent of boys and 47 per cent of girls who were part of the study revealed one or the other form of child sexual abuse. A more recent study by World Vision revealed that 1 in 2 children are sexually abused. In other words, from 2007 to 2017, we haven’t had much luck in reducing the number of children who are sexually victimised. Law enforcement statistics don’t inspire much confidence either. A study by the Centre for Child and Law, National Law School of India University, Bengaluru on the functioning of special courts across the country revealed poor conviction rates and poorer compliance with the beneficial procedures for trial under the Protection of Children From Sexual Offences Act, 2012. Poor quality investigations and prosecutions, lack of means to achieve expeditious administration of justice and, therefore, excellent acquittal rates, were as many problems a decade back as they are now. What has changed after years of campaigns and protests? The law? Yes. But are our children any less victimised? No. Where are we going wrong then? On the prevention front, most states are yet to formulate child protection policies for children at school. Schools in Bangalore that saw incidents of child sexual abuse on campus early on, following the enactment of the POCSO Act, continue to function without much consequences. University and school campuses in the United States of America have suffered prohibitive orders for payment of damages that just makes it too expensive for them to not take the safety of students on campus seriously. When will we see such accountability in India? Our discomfort around the subject of sexuality and corresponding safety translates to ignorance for our children. × Secondly, parents continue to transfer the onus of safety and sexuality education to educational institutions without making that a conversation at home. Our discomfort around the subject of sexuality and corresponding safety translates to ignorance for our children. Couple that with a culture of body shaming and pressure to achieve and our kids are not only ignorant but lack self-esteem. The result is vulnerability to abuse: emotional, physical and sexual. Plus, we also have a recurring and more widespread problem of incestuous child sexual abuse at home. Still, we continue to teach our children to obey elders without question. So this begs the question, are we holding ourselves accountable for failing in our duty to educate and empower our kids? While the crime prevention dynamic is pathetic, crime investigations and prosecution fare no better. Our law enforcement agencies lack specialisation and a culture of research which is necessary to ensure effective institutions. Yet no campaign so far has demanded that the Government of India institute a program on the lines of the Behavioral Sciences Unit of the FBI in the USA. We still don’t understand the child sex offender, because thus far, law enforcement has made no effort to study them to understand the patterns and motives governing these crimes. Only one researcher in Criminology tried to study convicted rapists in India and our law enforcement must ask themselves why it was a good spirited citizen and not them that made this first effort. On an average, a DNA test report takes 18 months because we don’t have enough forensic science laboratories. The sum total of these failures is that we don’t have effective investigation tools and techniques to catch sex offenders quickly and effectively. While we are content distributing sweets when rapists are sentenced to death and we burn police stations, we refuse to focus on what we really need to prevent, deter and punish crimes against women and children. × Yet none of our campaigns so far have demanded the reforms necessary to address the above problems. While we are content distributing sweets when rapists are sentenced to death and we burn police stations, we refuse to focus on what we really need to prevent, deter and punish crimes against women and children. So far, the movement for victim’s rights has suffered from intellectual laziness and profound insensitivity to the real problems on the ground. The reactive approach to sex crimes has served the only purpose of venting emotion and changing laws but has failed to achieve the necessary means to enforce those laws effectively. This begs the last question, are we holding ourselves accountable for our inefficiency as citizen activists? Lastly, you might ask- who am I to judge people’s emotions on the streets? I am a nobody, I admit. In fact, I shudder to put myself in the shoes of the child or the family that has been victimised by or affected by child sexual abuse. It is a nightmare in every sense of the word. But solutions I am afraid, come from a clinical approach to crime, bereft of emotions and supported by objective research. No doubt we should be angry and no doubt that we should empathise with the child who lost his life. But that anger and that empathy will go to a waste if we can’t make our country safer for the other children out there. Can we, therefore, take a breather, sit on the drawing table and start planning and then act? For I feel that the war on rape can be won with strategy and not by a spontaneous call for action.

Why Child Rights campaigns in India have failed to stop incidents like Ryan school murder

<p>As a child of 3 years of age, I discovered another form of mobility when I was provided with a worn out tricycle. Stepping out of the gates of our rented home, I cycled what seemed like less than half a kilometre trying to reach a friend&rsquo;s home. &nbsp;My parents were, of course, oblivious to my adventure. My route involved the main road and a side road. Before I could go any further, the shopkeeper at the local &ldquo;buy and save&rdquo; promptly stopped my adventure midway, reported me to my mother and had me shipped back home to mildly annoyed and mostly relieved parents. While, I hated the shopkeeper for spoiling my day then, in hindsight, I am grateful for his concern and paternal affection.</p>

<p>That was the Bangalore I grew up in. Main roads safe enough to ride for a 3 year old; sense of community around raising children and members looking out for each other&rsquo;s families; tadpoles in the rain water that flowed through the drains which we would feed during the monsoons; sufficient playgrounds where countless kids would play cricket and not realising&nbsp;when one group&rsquo;s tennis ball is exchanged with another and a climate that was the stuff of dreams for people from other parts of the country and sometimes even the world. Always cosmopolitan, Bangalore hardly ever heard about communal conflict or linguistic divides or race driven xenophobia.</p>

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<p>Bangalore of the yesteryears was not a commercial hub and certainly not the central place of power or money like perhaps Delhi or Mumbai. Bangalore was a relatively small city, full of greenery and just about the right place to raise your children. Bangalore as Bengaluru is now a stark contrast to its past. Today it enjoys a status as the hub of India&rsquo;s Information Technology industry. As a lawyer, I find the city the best place to practice law in the State of Karnataka. However, while I certainly see the perks of the city&rsquo;s development, I often wonder what the cost is and whether this cost is worth it.</p>

<p>Today&rsquo;s Bengaluru, which is identified with its frothing lakes, has certainly paid a price for its development. Linguistic divide and xenophobia is suddenly an emerging theme in public debates and conversations. But what angers me the most is the poverty of vision that killed the city&rsquo;s functional ecosystems. Bengaluru derives its name from Bendakaluru, whose translated meaning represents the city being located originally in a semi-arid region. Thanks to Bengaluru&rsquo;s founder Kempegowda, the city was the beneficiary of environmental engineering of the best kind. The evidence of it was the provision made for numerous tanks and lakes that kept our groundwater sources alive and well fed, which ultimately resulted in the title of &ldquo;Garden City&rdquo;.</p>

<p>However, a grossly inefficient administration, spanning across successive governments, had let real estate and construction activities flout environmental regulations, leading to the destruction of Kempegowda&rsquo;s planned city. Thus, for the very first time not only is the city heavily dependant on the River Cauvery for its water, but acute water shortage is making life in the city unbearable. Another side effect of the economic boom, which escaped the city administration&rsquo;s foresight by a huge margin, was the corresponding rise in population and therefore traffic.</p>

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<h5>That sense of safety, that sense of community and that interaction with nature disappeared along with the tadpoles, lakes and sparrows. But of course, we made a lot of money!</h5>
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<p>Who is to blame? While the real estate and construction lobby would argue that they merely seized those opportunities that the government either expressly approved or approved by omission, the state itself has been guilty of negligence. The apathy for the common man&rsquo;s daily struggles in an overcrowded, suffocated and dying city is obvious. Bengaluru is drowning in problems in the forms of exceptionally poor roads, groundwater sources being choked with concrete laden roads and unplanned pavement installation. In addition, the administration has failed to crack down on crimes related to xenophobia, gender insensitivity and lack of respect for a child&rsquo;s right to bodily autonomy. One article won&rsquo;t summarise how miserably we, as the state, failed to safeguard our most fundamental resources.</p>

<p>Reasons notwithstanding, when I see playgrounds being mercilessly substituted by parks, potholes making driving a nightmare and the governments across ages shamelessly preventing police from doing their jobs through frequent transfers and promotions, I now realise the city I grew up in is a city of my dreams. I felt safe as a child, trusted my neighbours with my life and interacted with nature the moment I stepped out of my home. That sense of safety, that sense of community and that interaction with nature disappeared along with the tadpoles, lakes and sparrows. But of course, we made a lot of money!</p>

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<h5>If one wants to understand development, look at Bengaluru.</h5>
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<p>Bengaluru is fighting a losing battle to salvage its identity, both ecological and cultural. The absence of common sense in our collective thinking has inflicted such loss on us and yet we are not listening to voices of reasons that tell us to build wells, refrain from releasing sewage into storm water drains and avoid giving permissions to buildings that cannot sustain the city&rsquo;s finite resources. The result is, Bangalore richer than ever before, but fighting for lung space, water and all things precious. If one wants to understand the pitfalls of development, look at Bengaluru.</p>


From El Dorado, Bengaluru had turned into a nightmare courtesy the love for money.

As a child of 3 years of age, I discovered another form of mobility when I was provided with a worn out tricycle. Stepping out of the gates of our rented home, I cycled what seemed like less than half a kilometre trying to reach a friend’s home. My parents were, of course, oblivious to my adventure. My route involved the main road and a side road. Before I could go any further, the shopkeeper at the local “buy and save” promptly stopped my adventure midway, reported me to my mother and had me shipped back home to mildly annoyed and mostly relieved parents. While, I hated the shopkeeper for spoiling my day then, in hindsight, I am grateful for his concern and paternal affection. That was the Bangalore I grew up in. Main roads safe enough to ride for a 3 year old; sense of community around raising children and members looking out for each other’s families; tadpoles in the rain water that flowed through the drains which we would feed during the monsoons; sufficient playgrounds where countless kids would play cricket and not realising when one group’s tennis ball is exchanged with another and a climate that was the stuff of dreams for people from other parts of the country and sometimes even the world. Always cosmopolitan, Bangalore hardly ever heard about communal conflict or linguistic divides or race driven xenophobia. Bangalore was a relatively small city, full of greenery and just about the right place to raise your children. × Bangalore of the yesteryears was not a commercial hub and certainly not the central place of power or money like perhaps Delhi or Mumbai. Bangalore was a relatively small city, full of greenery and just about the right place to raise your children. Bangalore as Bengaluru is now a stark contrast to its past. Today it enjoys a status as the hub of India’s Information Technology industry. As a lawyer, I find the city the best place to practice law in the State of Karnataka. However, while I certainly see the perks of the city’s development, I often wonder what the cost is and whether this cost is worth it. Today’s Bengaluru, which is identified with its frothing lakes, has certainly paid a price for its development. Linguistic divide and xenophobia is suddenly an emerging theme in public debates and conversations. But what angers me the most is the poverty of vision that killed the city’s functional ecosystems. Bengaluru derives its name from Bendakaluru, whose translated meaning represents the city being located originally in a semi-arid region. Thanks to Bengaluru’s founder Kempegowda, the city was the beneficiary of environmental engineering of the best kind. The evidence of it was the provision made for numerous tanks and lakes that kept our groundwater sources alive and well fed, which ultimately resulted in the title of “Garden City”. However, a grossly inefficient administration, spanning across successive governments, had let real estate and construction activities flout environmental regulations, leading to the destruction of Kempegowda’s planned city. Thus, for the very first time not only is the city heavily dependant on the River Cauvery for its water, but acute water shortage is making life in the city unbearable. Another side effect of the economic boom, which escaped the city administration’s foresight by a huge margin, was the corresponding rise in population and therefore traffic. That sense of safety, that sense of community and that interaction with nature disappeared along with the tadpoles, lakes and sparrows. But of course, we made a lot of money! × Who is to blame? While the real estate and construction lobby would argue that they merely seized those opportunities that the government either expressly approved or approved by omission, the state itself has been guilty of negligence. The apathy for the common man’s daily struggles in an overcrowded, suffocated and dying city is obvious. Bengaluru is drowning in problems in the forms of exceptionally poor roads, groundwater sources being choked with concrete laden roads and unplanned pavement installation. In addition, the administration has failed to crack down on crimes related to xenophobia, gender insensitivity and lack of respect for a child’s right to bodily autonomy. One article won’t summarise how miserably we, as the state, failed to safeguard our most fundamental resources. Reasons notwithstanding, when I see playgrounds being mercilessly substituted by parks, potholes making driving a nightmare and the governments across ages shamelessly preventing police from doing their jobs through frequent transfers and promotions, I now realise the city I grew up in is a city of my dreams. I felt safe as a child, trusted my neighbours with my life and interacted with nature the moment I stepped out of my home. That sense of safety, that sense of community and that interaction with nature disappeared along with the tadpoles, lakes and sparrows. But of course, we made a lot of money! If one wants to understand development, look at Bengaluru. × Bengaluru is fighting a losing battle to salvage its identity, both ecological and cultural. The absence of common sense in our collective thinking has inflicted such loss on us and yet we are not listening to voices of reasons that tell us to build wells, refrain from releasing sewage into storm water drains and avoid giving permissions to buildings that cannot sustain the city’s finite resources. The result is, Bangalore richer than ever before, but fighting for lung space, water and all things precious. If one wants to understand the pitfalls of development, look at Bengaluru.

Bengaluru: The tragic face of development

<p>Sarahah is the new pandemic on Facebook. As a self-confessed frequent Facebook user, I was intrigued by the number of messages on Sarahah that were posted by my Facebook friends on their wall. Ranging from compliments to insults to crushes, these Sarahah messages introduced intimacy, through its paradoxical mirror, anonymity. The result is the pandemic I was privy too.</p>

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<p dir="ltr" lang="en"><a href="https://twitter.com/hashtag/Saraha?src=hash">#Saraha</a> lol I paid half of the price. And that was 2years ago. They already got another buyer I think. Never went back for my money <a href="https://t.co/XaVgc01mXr">pic.twitter.com/XaVgc01mXr</a></p>
&mdash; Abaye? (@Malkia__) <a href="https://twitter.com/Malkia__/status/897421807040573441">August 15, 2017</a></blockquote>
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<p>Lest I sound judgemental, I was tempted to use this app as well. After all, which man wouldn&rsquo;t want some praise, admiration and even flirtatious messages coming his way? Yet, like Luke Skywalker&rsquo;s dilemma with Darth Vader, I remained conflicted as to whether or not I should contribute to the pandemic by indulging my vanity and my dark side in general. I haven&rsquo;t still decided. But that is not the point.</p>

<p>I will be the first to confess that my social skills are evolving and in this process, I have affected men and women negatively. I learned from my mistakes and my successes and remain steadfast in my journey to understand what, arguably, is a complicated element of human existence - communication. The embarrassment and guilt from the mistakes were no doubt worthy of being avoided. But I put myself out there, I took a risk and did the unthinkable, I expressed myself. I tempered that selfish instinct with an effort at sensitivity and intuition, paying careful attention to the reactions. I remained ever so ready to atone and apologise in the event I did impact someone adversely. The confidence to express myself and the willingness to apologise when I cause discomfort to my audience came from two things - faith in my good intentions and lack of shame as to what I felt for the other person.</p>

<p>Expressing and even negotiating intimacy in the framework of anonymity (which is the essence of Sarahah) reflects just how insecure and ashamed we have become about our most natural need to express ourselves. Even before the other person has branded our expression as rot, we have condemned ourselves; preferring sabotage over failed efforts. But what is so wrong about this, you may ask?</p>

<p>&nbsp;</p>

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<p>An anonymous Sarahah post (Others)</p>
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<p>Turn a few years back and art, poetry, lyrics, drama, cinema and literature were all unabashed expressions of their author&rsquo;s feelings and ideas. If Shakespeare felt ashamed of the love he saw between Romeo and Juliet, I shudder to think of the loss humankind would never be aware of. At the heart of the utility of civilisation lies expression and today apps like Sarahah are validating the culture of shame that is slowly but surely infecting our ability to talk to each other.</p>

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<h5>I have realised that if one&rsquo;s words, even if intended to express something as vulnerable and volatile as affection, is premised on sincerity, sensitivity and honesty, it cannot inflict discomfort or pain.</h5>
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<p>Not too long back, as I was speaking to a former crush of mine who is now a great friend, she happened to mention how she has a pattern of loving workaholics. Uncharacteristically enough, I replied that some workaholics were silly enough to not pursue the worthwhile and the priceless. I also expressed the hope&nbsp;that the present man in her life wouldn&rsquo;t become guilty of the same mistake. Had it been now, I would have used Sarahah to express this.</p>

<p>But now I have realised that if one&rsquo;s words, even if intended to express something as vulnerable and volatile as affection, is premised on sincerity, sensitivity and honesty, it cannot inflict discomfort or pain. If only we could help more people understand this, we wouldn&rsquo;t then need a Sarahah.</p>


Sarahah reflects just how insecure and ashamed we have become about our most natural need to express ourselves.

Sarahah is the new pandemic on Facebook. As a self-confessed frequent Facebook user, I was intrigued by the number of messages on Sarahah that were posted by my Facebook friends on their wall. Ranging from compliments to insults to crushes, these Sarahah messages introduced intimacy, through its paradoxical mirror, anonymity. The result is the pandemic I was privy too. #Saraha lol I paid half of the price. And that was 2years ago. They already got another buyer I think. Never went back for my money pic.twitter.com/XaVgc01mXr — Abaye? (@Malkia__) August 15, 2017 × Lest I sound judgemental, I was tempted to use this app as well. After all, which man wouldn’t want some praise, admiration and even flirtatious messages coming his way? Yet, like Luke Skywalker’s dilemma with Darth Vader, I remained conflicted as to whether or not I should contribute to the pandemic by indulging my vanity and my dark side in general. I haven’t still decided. But that is not the point. I will be the first to confess that my social skills are evolving and in this process, I have affected men and women negatively. I learned from my mistakes and my successes and remain steadfast in my journey to understand what, arguably, is a complicated element of human existence - communication. The embarrassment and guilt from the mistakes were no doubt worthy of being avoided. But I put myself out there, I took a risk and did the unthinkable, I expressed myself. I tempered that selfish instinct with an effort at sensitivity and intuition, paying careful attention to the reactions. I remained ever so ready to atone and apologise in the event I did impact someone adversely. The confidence to express myself and the willingness to apologise when I cause discomfort to my audience came from two things - faith in my good intentions and lack of shame as to what I felt for the other person. Expressing and even negotiating intimacy in the framework of anonymity (which is the essence of Sarahah) reflects just how insecure and ashamed we have become about our most natural need to express ourselves. Even before the other person has branded our expression as rot, we have condemned ourselves; preferring sabotage over failed efforts. But what is so wrong about this, you may ask? An anonymous Sarahah post (Others) × Turn a few years back and art, poetry, lyrics, drama, cinema and literature were all unabashed expressions of their author’s feelings and ideas. If Shakespeare felt ashamed of the love he saw between Romeo and Juliet, I shudder to think of the loss humankind would never be aware of. At the heart of the utility of civilisation lies expression and today apps like Sarahah are validating the culture of shame that is slowly but surely infecting our ability to talk to each other. I have realised that if one’s words, even if intended to express something as vulnerable and volatile as affection, is premised on sincerity, sensitivity and honesty, it cannot inflict discomfort or pain. × Not too long back, as I was speaking to a former crush of mine who is now a great friend, she happened to mention how she has a pattern of loving workaholics. Uncharacteristically enough, I replied that some workaholics were silly enough to not pursue the worthwhile and the priceless. I also expressed the hope that the present man in her life wouldn’t become guilty of the same mistake. Had it been now, I would have used Sarahah to express this. But now I have realised that if one’s words, even if intended to express something as vulnerable and volatile as affection, is premised on sincerity, sensitivity and honesty, it cannot inflict discomfort or pain. If only we could help more people understand this, we wouldn’t then need a Sarahah.

Sarahah is validating a culture of shame

<p>Language is proving to be a rather contentious issue in India. From the hills of Darjeeling district in West Bengal to the IT hub of Bengaluru in South India, Indians are fighting over their native language. While the feud over language is taking a violent turns in Darjeeling, Bengaluru is facing its own cold war over&nbsp;Kanada. While the debate between Kannada versus Hindi, may seem exclusively about languages, in reality,&nbsp;it is far more complex. Everyday&nbsp;conversation with ordinary citizens&nbsp;reveal an undeniable prejudice against North Indians, Africans, North-easterners and, sometimes, even Tamilians that extends beyond languages.</p>

<p>I have spoken&nbsp;to cab drivers who do the night shifts on weekends and many of them are convinced that Kannadiga women are the paragon of virtues as they wear&nbsp;attire prescribed by patriarchy and remain&nbsp;indoors. On the other hand, the short-dress wearing and alcohol-drinking &ldquo;characterless&rdquo; lady with easy virtues speaks a tongue that are either native to the Hindi-speaking hinterlands or are from the North East.&nbsp;Ironically, while speaking to a Haryanvi taxi driver in Delhi not too long back, I heard him describe women from the south as being &ldquo;characterless&rdquo; and &ldquo;out of control&rdquo;.&nbsp;</p>

<p>Why have these fault lines emerged? Recently, the situation worsened as protestesters gathered&nbsp;at Bangalore metro stations against display boards containing directions in Hindi.&nbsp;Undoubtedly, behind every big rift and conflict, there is&nbsp;politics. But politics, in its nefarious sense, is premised upon exploiting a vulnerability. Indians, are in that sense, the stereotypical (and patriarchal) damsel in distress, ever so vulnerable to exploitation.&nbsp;</p>

<p>So allow me to throw light on Kannada. One of the oldest Indian languages, Kannada is not just poetic and beautiful; it has been the catalyst for some of the greatest philosophy, literature, poetry and cinema written and produced in the subcontinent. The works of Basavanna and Sarvagna enshrined values and principles that the western world later called &ldquo;Human Rights&rdquo;. Puttanna Kanagal was a director whose works were no less impressive than the great Satyajit Ray. In Dr Rajkumar, Vishnuvardhan and Anant Nag, we produced actors of incredible stature and calibre. The characters they essayed often proved to be role models for society and contributed to the positive social change.&nbsp;</p>

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<h5>The fact that the people in the city of Bangalore spoke at least two or three languages with ease only made this easier. I say all this with pride and not regret.</h5>
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<p>Yet for all that Kannada is and will be, it is also remarkably humble and unassuming. It looked the other way and did not raise a quarrel when south Indians became synonymous with &ldquo;Madrasis&rdquo; (who represent, contrary to popular belief, the people of a region of Tamil Nadu, now called Chennai, and not the whole of south of India). The people of Karnataka learnt many other languages, instead of refusing to go beyond their own, because we are both capable and sensitive. In the north of Karnataka, Marathi and Hindi is spoken with ease. In my city, even before the IT boom occurred, Tamil and Telugu was prevalent. With the IT boom, large waves of people from the west, north and east of India called Bangalore their home, thereby, enriching our city. Many expats soon found the weather and the cosmopolitan culture here quite pleasant and further contributed to the city&rsquo;s diversity. The fact that the people in the city of Bangalore spoke at least two or three languages with ease only made this easier. I say all this with pride and not regret.</p>

<p>Yet somewhere this humility became insecurity and this became apparent through the world of cinema. &ldquo;Paru, I love you&rdquo;, &ldquo;Dil Rangeela&rdquo;, &ldquo;Paru, Wife of Devdas&rdquo;, &ldquo;Johnny Mera Naam&rdquo;, are just some of the examples of Kannada films having English and Hindi titles. Where South Indian stalwarts like P.B. Srinivas and S.P. Balsubramaniam&nbsp;along with S. Janaki ruled South Indian music, they were replaced not by south Indians or Kannadigas, but by the likes of Sonu Nigam, Shaan, Kumar Sanu and Shreya Ghoshal who sang many hit Kannada songs. Why did we abandon our own talent who could pronounce Kannada better, in favour of those singers and artists who barely knew the meaning of the songs they sang?</p>

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<h5>Our own heroines were substituted by heroines from Punjab, Mumbai and other parts of India. Wouldn&rsquo;t actors from other parts of India find it difficult to mouth dialogues in Kannada?</h5>
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<p>Karnataka&#39;s own heroines were substituted by heroines from Punjab, Mumbai and other parts of India. Wouldn&rsquo;t actors from other parts of India find it difficult to mouth dialogues in Kannada? Never mind that Indian cinema, in general, has few character roles for women, preferring instead to make them look fair in skimpy clothes. Heck, Sudeep, one of Karnataka&nbsp;very talented actors, starred in a movie called &ldquo;Bachan&rdquo;, named after the legend himself. In yet another movie, &ldquo;Maanikya&rdquo;, he grooves to a song titled, &ldquo;Aasman se khoodle, tu naachle tu naachle&rdquo; and the Kannada in that line is clearly invisible.&nbsp;</p>

<p>It is not all bad. Films like &ldquo;Urgram&rdquo;, &ldquo;Shuddhi&rdquo; and &ldquo;Urvi&rdquo; signal the revival of Kannada films towards the story driven narrative that we were once famous for. We have talented new film makers like Rakshit Shetty, Pawan Kumar, Raj B. Shetty and Prakash Raj who are delivering excellent movies. While I am yet to come across the quality of lyrics that some of the Black and White Kannada movies would have, there are talented lyricists, such as&nbsp;Jayanth Kaikini who have expressed romance through incredible lyrics. Yet these aforesaid movies are still not mainstream enough. On the other hand, Kannada films with Hindi and English titles have not failed to be popular so far.</p>

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<h5>Kannadigas must find their lost pride for their language and represent themselves with confidence instead of insecurity.</h5>
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<p>With the issue around language being what it is today in Bengaluru- we have two parallel fault lines to correct. On one hand, you obviously have a culture that operates on the ignorance that Hindi is our national language and, therefore, Hindi speakers need not speak Kannada. This hegemony, premised on ignorance, is not only self-depreciating but offensive. The tragedy is, there are discourses on social media and elsewhere which&nbsp;mock&nbsp;Kannada and Kannadigas. An absence of the ability to speak a language is excused, but the absence of effort and inclination needs correction, of both attitude and approach. On the other hand, Kannadigas must find their lost pride for their language and represent themselves with confidence instead of insecurity. That, we are home to multiple languages and remain inclusive as a culture, is our strength and not our weakness.&nbsp;</p>

<p>My first words were in Kannada. I think in Kannada and what I write in this article is translated from my Kannada thoughts to English sentences. In times of intense emotional crises and personal setbacks, solutions come in Kannada and not English. I wear this language with pride. When there is a child born in the family, I have no means to interact with him or her except in Kannada. My native vernacular, after all, is not just a language, it is part of my&nbsp;identity. I am sure other languages mean the same to their speakers. Why should that stop us from learning other identities?&nbsp;</p>

<p>Back in 1947, the idea of India was born in the hope that we will shed the baggage of our many socio-economic problems, prejudices and biases. India&rsquo;s growth story is founded upon the spirit of co-operation which was necessary to heal the wounds of colonial rule that exploited these prejudices. Yet, when&nbsp;once livelihood and poverty drove us to understand and speak with each other better, today our abundance is making us wonder why we should make that effort in the first place. Such a thought process is the beginning of a decline. It is about time we make an effort to talk to each other instead of trying to talk at each other, that too, in a dialect that is seemingly foreign yet perfectly native.&nbsp;</p>


My native vernacular, after all, is not just a language, it is part of my?identity.

Language is proving to be a rather contentious issue in India. From the hills of Darjeeling district in West Bengal to the IT hub of Bengaluru in South India, Indians are fighting over their native language. While the feud over language is taking a violent turns in Darjeeling, Bengaluru is facing its own cold war over Kanada. While the debate between Kannada versus Hindi, may seem exclusively about languages, in reality, it is far more complex. Everyday conversation with ordinary citizens reveal an undeniable prejudice against North Indians, Africans, North-easterners and, sometimes, even Tamilians that extends beyond languages. I have spoken to cab drivers who do the night shifts on weekends and many of them are convinced that Kannadiga women are the paragon of virtues as they wear attire prescribed by patriarchy and remain indoors. On the other hand, the short-dress wearing and alcohol-drinking “characterless” lady with easy virtues speaks a tongue that are either native to the Hindi-speaking hinterlands or are from the North East. Ironically, while speaking to a Haryanvi taxi driver in Delhi not too long back, I heard him describe women from the south as being “characterless” and “out of control”. Why have these fault lines emerged? Recently, the situation worsened as protestesters gathered at Bangalore metro stations against display boards containing directions in Hindi. Undoubtedly, behind every big rift and conflict, there is politics. But politics, in its nefarious sense, is premised upon exploiting a vulnerability. Indians, are in that sense, the stereotypical (and patriarchal) damsel in distress, ever so vulnerable to exploitation. So allow me to throw light on Kannada. One of the oldest Indian languages, Kannada is not just poetic and beautiful; it has been the catalyst for some of the greatest philosophy, literature, poetry and cinema written and produced in the subcontinent. The works of Basavanna and Sarvagna enshrined values and principles that the western world later called “Human Rights”. Puttanna Kanagal was a director whose works were no less impressive than the great Satyajit Ray. In Dr Rajkumar, Vishnuvardhan and Anant Nag, we produced actors of incredible stature and calibre. The characters they essayed often proved to be role models for society and contributed to the positive social change. The fact that the people in the city of Bangalore spoke at least two or three languages with ease only made this easier. I say all this with pride and not regret. × Yet for all that Kannada is and will be, it is also remarkably humble and unassuming. It looked the other way and did not raise a quarrel when south Indians became synonymous with “Madrasis” (who represent, contrary to popular belief, the people of a region of Tamil Nadu, now called Chennai, and not the whole of south of India). The people of Karnataka learnt many other languages, instead of refusing to go beyond their own, because we are both capable and sensitive. In the north of Karnataka, Marathi and Hindi is spoken with ease. In my city, even before the IT boom occurred, Tamil and Telugu was prevalent. With the IT boom, large waves of people from the west, north and east of India called Bangalore their home, thereby, enriching our city. Many expats soon found the weather and the cosmopolitan culture here quite pleasant and further contributed to the city’s diversity. The fact that the people in the city of Bangalore spoke at least two or three languages with ease only made this easier. I say all this with pride and not regret. Yet somewhere this humility became insecurity and this became apparent through the world of cinema. “Paru, I love you”, “Dil Rangeela”, “Paru, Wife of Devdas”, “Johnny Mera Naam”, are just some of the examples of Kannada films having English and Hindi titles. Where South Indian stalwarts like P.B. Srinivas and S.P. Balsubramaniam along with S. Janaki ruled South Indian music, they were replaced not by south Indians or Kannadigas, but by the likes of Sonu Nigam, Shaan, Kumar Sanu and Shreya Ghoshal who sang many hit Kannada songs. Why did we abandon our own talent who could pronounce Kannada better, in favour of those singers and artists who barely knew the meaning of the songs they sang? Our own heroines were substituted by heroines from Punjab, Mumbai and other parts of India. Wouldn’t actors from other parts of India find it difficult to mouth dialogues in Kannada? × Karnataka's own heroines were substituted by heroines from Punjab, Mumbai and other parts of India. Wouldn’t actors from other parts of India find it difficult to mouth dialogues in Kannada? Never mind that Indian cinema, in general, has few character roles for women, preferring instead to make them look fair in skimpy clothes. Heck, Sudeep, one of Karnataka very talented actors, starred in a movie called “Bachan”, named after the legend himself. In yet another movie, “Maanikya”, he grooves to a song titled, “Aasman se khoodle, tu naachle tu naachle” and the Kannada in that line is clearly invisible. It is not all bad. Films like “Urgram”, “Shuddhi” and “Urvi” signal the revival of Kannada films towards the story driven narrative that we were once famous for. We have talented new film makers like Rakshit Shetty, Pawan Kumar, Raj B. Shetty and Prakash Raj who are delivering excellent movies. While I am yet to come across the quality of lyrics that some of the Black and White Kannada movies would have, there are talented lyricists, such as Jayanth Kaikini who have expressed romance through incredible lyrics. Yet these aforesaid movies are still not mainstream enough. On the other hand, Kannada films with Hindi and English titles have not failed to be popular so far. Kannadigas must find their lost pride for their language and represent themselves with confidence instead of insecurity. × With the issue around language being what it is today in Bengaluru- we have two parallel fault lines to correct. On one hand, you obviously have a culture that operates on the ignorance that Hindi is our national language and, therefore, Hindi speakers need not speak Kannada. This hegemony, premised on ignorance, is not only self-depreciating but offensive. The tragedy is, there are discourses on social media and elsewhere which mock Kannada and Kannadigas. An absence of the ability to speak a language is excused, but the absence of effort and inclination needs correction, of both attitude and approach. On the other hand, Kannadigas must find their lost pride for their language and represent themselves with confidence instead of insecurity. That, we are home to multiple languages and remain inclusive as a culture, is our strength and not our weakness. My first words were in Kannada. I think in Kannada and what I write in this article is translated from my Kannada thoughts to English sentences. In times of intense emotional crises and personal setbacks, solutions come in Kannada and not English. I wear this language with pride. When there is a child born in the family, I have no means to interact with him or her except in Kannada. My native vernacular, after all, is not just a language, it is part of my identity. I am sure other languages mean the same to their speakers. Why should that stop us from learning other identities? Back in 1947, the idea of India was born in the hope that we will shed the baggage of our many socio-economic problems, prejudices and biases. India’s growth story is founded upon the spirit of co-operation which was necessary to heal the wounds of colonial rule that exploited these prejudices. Yet, when once livelihood and poverty drove us to understand and speak with each other better, today our abundance is making us wonder why we should make that effort in the first place. Such a thought process is the beginning of a decline. It is about time we make an effort to talk to each other instead of trying to talk at each other, that too, in a dialect that is seemingly foreign yet perfectly native.

The love and war over one's language

<p>&nbsp;</p>

<p>India rejoices as the Supreme Court has upheld the death penalty for the rapists in the Nirbhaya case. The feedback about the verdict has ranged from &ldquo;It serves them right&rdquo; ,&ldquo;It will put the fear of God into rapists&rdquo; and &ldquo;I will sleep better knowing that these individuals are dead&rdquo;. The merits of the argument that in a country of 1.2 billion, taking the lives of 4 bad men leaves the rest of us safer can be debated. But there is a larger question about our tryst with the Death Penalty and the utility, if any, that it has served.</p>

<p>&nbsp;</p>

<p>I am not for a second, trying to argue that the crime was not reprehensible. On the other hand, even the Apex Court, I fear, did not fully comprehend the depravity in mindset and the heinous nature of the crime in as much as the convicts were held to be expressing lust through the perspective of violence. On the contrary, rape is far worse and more complex than just lust gone wrong. The clinical definition of rape, as defined by Nicholas Growth is that it is a pseudo-sexual act that serves nonsexual needs. Power, anger, control, sadism, violence, misogyny and a whole range of darker human emotions and beliefs, and not lust, ultimately lead to an act as depraved as rape.</p>

<p>&nbsp;</p>

<p>These dynamics were obvious in the Nirbhaya case. The altercation between the victims (Nirbhaya and her friend) and the perpetrator, which culminated into rape and murder, began with the question as to why a girl was with an unmarried male companion late in the night. This question the convicts posed reveals the mindset that a lady is fair game for society&rsquo;s judgment and, therefore, vulnerable to disciplining through whatever means men deem fit. Throwing the victim out of the bus unclothed- the need to inflict humiliation. The injuries on the victim, demonstrating extreme anger and perhaps even sadism. There was no lust in this crime- there were only misogyny, anger and the need to assert male control over a woman who the convicts unreasonably perceived as bereft of virtue and character.&nbsp;</p>

<p>&nbsp;</p>

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<h5>There was no lust in this crime- there were only misogyny, anger and the need to assert male control over a woman who the convicts unreasonably perceived as bereft of virtue and character</h5>
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<p>&nbsp;</p>

<p>The convicts are, therefore, a shining example of all that is evil about mankind.</p>

<p>&nbsp;</p>

<p>While they ought to be punished and kept quarantined from society, it still does not answer the debate around the death penalty. No doubt, the law has an incredibly difficult challenge in trying to formulate a perfect policy around the death penalty. On one hand, as John Douglas, the acclaimed FBI profiler has argued, some people are simply beyond the reach of reformative systems that mankind has designed.&nbsp;</p>

<p>&nbsp;</p>

<p>On the other hand, the anti-death penalty proponents argue, with force, that the state does not and should not have the power to take human life. Being able to address both schools of thought with objective reasoning and outcome is too tall a task for any system committed to the rule of law. Coming to India though, we broke the deadlock between the contradictory schools of thoughts around death penalty and concluded that it would be applied only in the &ldquo;rarest of the rare cases&rdquo;. But do all rarest of rare cases fitting this criterion attract the death penalty?</p>

<p>&nbsp;</p>

<p>Take for example the case of rape and murder of the Late Priyadarshini Mattoo. Not only did the medical and forensic evidence show proof of rape, but the victim had sustained 19 injuries. In what suggested the violent mindset and the extreme anger of the convict, Santosh Kumar Singh had struck her repeatedly with a helmet causing, among other things, the cracking of the rib cage. In the infamous Soumya rape and murder case (the victim was raped and thrown out of a moving train), the very same Apex Court once again commuted death penalty to life in prison by holding that the link between the cause of death and the convict&rsquo;s actions remain unproven.</p>

<p>&nbsp;</p>

<p>In Santosh Kumar Singh&rsquo;s case, two contrary outcomes- acquittal by the trial court and conviction by the high court proved to be the convict&rsquo;s saving grace. How can the judiciary hold that he can be subjected to death when two proceedings led to two different outcomes thus demonstrating uncertainty over his actions?&nbsp;</p>

<p>&nbsp;</p>

<p>In Soumya&rsquo;s murder case, true to the culture of restraint against the death penalty, keen attention to detail and analysis of the cause of death and of the evidence as to the actions of the convict led to the commuting of death sentence to life imprisonment.</p>

<p>&nbsp;</p>

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<h5>if the convicts in the Priyadarshini Mattoo and Soumya murder case, with their lack of empathy and driven by a compulsive need to commit violence, could continue to live- why should Yakub Memon and Afzal Guru, whose crimes were driven by political ideologies be treated any different?</h5>
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<p>&nbsp;</p>

<p>&nbsp;</p>

<p>Yet, the Apex court with such a fine history of always taking the higher path when faced with unclear evidence even if the crime was heinous adopted different approaches in the case of Afzal Guru and Yakub Memon. After all, if the convicts in the Priyadarshini Mattoo and Soumya murder case, with their lack of empathy and driven by a compulsive need to commit violence, could continue to live- why should Yakub Memon and Afzal Guru, whose crimes were driven by political ideologies be treated any different? But one received the death penalty for providing the financial backbone to the terror attack and the other received the death penalty to &ldquo;satisfy public conscience&rdquo;, a clear departure from the Apex Court&rsquo;s earlier approach to cases involving similar dynamics.</p>

<p>&nbsp;</p>

<p>Therefore, we must accept that the death penalty for the Nirbhaya rapists, though anticipated and inevitable, is the product of a jurisprudence that is inconsistent, lacks integrity and is frequently a polished version of mob fury. So why do we continue to apply it?&nbsp;</p>

<p>&nbsp;</p>

<p>Deterrence is the first argument for the death penalty. However, people fail to understand that for deterrence to occur, the death penalty must be imposed consistently across all cases of rape. Yet, in a country with a conviction rate of around 26 per cent for rape cases, forget the probability of the death penalty, the probability of being held guilty leans in favour of rapists. Further, with a police force and a criminal justice system that is perceived as overworked, underpaid and lacking professionalism, specialisation and respect for deadlines, deterrence continues to be a distant dream.</p>

<p>&nbsp;</p>

<p>On the other hand, keeping convicts alive can potentially reduce the cost for the state in terms of fighting the lengthy legal proceedings that arise in the wake of a death penalty. It can enable law enforcement and researchers to break down the psyche of the sex offender, identify patterns and motives in sex crimes and develop investigation and prosecution tools necessary to quickly and effectively achieve justice, just like the Behavioral Sciences Unit of the FBI did. Don&rsquo;t the utilities of keeping these criminals alive outweigh the utility of giving them the death penalty?</p>

<p>&nbsp;</p>

<p>Undoubtedly, the debate around the death penalty has no easy answers. But pending a clear resolution to the inconsistent approaches towards the death penalty, reason and logic dictate that we suspend it until we have a clear idea as to when and why we award death to an individual for a crime.&nbsp;</p>

<p>&nbsp;</p>

<p>When the dust settles and the public emotions die their quick and natural death- we as a society have a question to answer. How much safer and how better off are we with the Nirbhaya convicts being put to death? The answer to this question, I am afraid, is disappointing.</p>


Death penalty for the Nirbhaya rapists is the product of a jurisprudence that is inconsistent, lacks integrity and is frequently a polished version of mob fury

India rejoices as the Supreme Court has upheld the death penalty for the rapists in the Nirbhaya case. The feedback about the verdict has ranged from “It serves them right” ,“It will put the fear of God into rapists” and “I will sleep better knowing that these individuals are dead”. The merits of the argument that in a country of 1.2 billion, taking the lives of 4 bad men leaves the rest of us safer can be debated. But there is a larger question about our tryst with the Death Penalty and the utility, if any, that it has served. I am not for a second, trying to argue that the crime was not reprehensible. On the other hand, even the Apex Court, I fear, did not fully comprehend the depravity in mindset and the heinous nature of the crime in as much as the convicts were held to be expressing lust through the perspective of violence. On the contrary, rape is far worse and more complex than just lust gone wrong. The clinical definition of rape, as defined by Nicholas Growth is that it is a pseudo-sexual act that serves nonsexual needs. Power, anger, control, sadism, violence, misogyny and a whole range of darker human emotions and beliefs, and not lust, ultimately lead to an act as depraved as rape. These dynamics were obvious in the Nirbhaya case. The altercation between the victims (Nirbhaya and her friend) and the perpetrator, which culminated into rape and murder, began with the question as to why a girl was with an unmarried male companion late in the night. This question the convicts posed reveals the mindset that a lady is fair game for society’s judgment and, therefore, vulnerable to disciplining through whatever means men deem fit. Throwing the victim out of the bus unclothed- the need to inflict humiliation. The injuries on the victim, demonstrating extreme anger and perhaps even sadism. There was no lust in this crime- there were only misogyny, anger and the need to assert male control over a woman who the convicts unreasonably perceived as bereft of virtue and character. There was no lust in this crime- there were only misogyny, anger and the need to assert male control over a woman who the convicts unreasonably perceived as bereft of virtue and character × The convicts are, therefore, a shining example of all that is evil about mankind. While they ought to be punished and kept quarantined from society, it still does not answer the debate around the death penalty. No doubt, the law has an incredibly difficult challenge in trying to formulate a perfect policy around the death penalty. On one hand, as John Douglas, the acclaimed FBI profiler has argued, some people are simply beyond the reach of reformative systems that mankind has designed. On the other hand, the anti-death penalty proponents argue, with force, that the state does not and should not have the power to take human life. Being able to address both schools of thought with objective reasoning and outcome is too tall a task for any system committed to the rule of law. Coming to India though, we broke the deadlock between the contradictory schools of thoughts around death penalty and concluded that it would be applied only in the “rarest of the rare cases”. But do all rarest of rare cases fitting this criterion attract the death penalty? Take for example the case of rape and murder of the Late Priyadarshini Mattoo. Not only did the medical and forensic evidence show proof of rape, but the victim had sustained 19 injuries. In what suggested the violent mindset and the extreme anger of the convict, Santosh Kumar Singh had struck her repeatedly with a helmet causing, among other things, the cracking of the rib cage. In the infamous Soumya rape and murder case (the victim was raped and thrown out of a moving train), the very same Apex Court once again commuted death penalty to life in prison by holding that the link between the cause of death and the convict’s actions remain unproven. In Santosh Kumar Singh’s case, two contrary outcomes- acquittal by the trial court and conviction by the high court proved to be the convict’s saving grace. How can the judiciary hold that he can be subjected to death when two proceedings led to two different outcomes thus demonstrating uncertainty over his actions? In Soumya’s murder case, true to the culture of restraint against the death penalty, keen attention to detail and analysis of the cause of death and of the evidence as to the actions of the convict led to the commuting of death sentence to life imprisonment. if the convicts in the Priyadarshini Mattoo and Soumya murder case, with their lack of empathy and driven by a compulsive need to commit violence, could continue to live- why should Yakub Memon and Afzal Guru, whose crimes were driven by political ideologies be treated any different? × Yet, the Apex court with such a fine history of always taking the higher path when faced with unclear evidence even if the crime was heinous adopted different approaches in the case of Afzal Guru and Yakub Memon. After all, if the convicts in the Priyadarshini Mattoo and Soumya murder case, with their lack of empathy and driven by a compulsive need to commit violence, could continue to live- why should Yakub Memon and Afzal Guru, whose crimes were driven by political ideologies be treated any different? But one received the death penalty for providing the financial backbone to the terror attack and the other received the death penalty to “satisfy public conscience”, a clear departure from the Apex Court’s earlier approach to cases involving similar dynamics. Therefore, we must accept that the death penalty for the Nirbhaya rapists, though anticipated and inevitable, is the product of a jurisprudence that is inconsistent, lacks integrity and is frequently a polished version of mob fury. So why do we continue to apply it? Deterrence is the first argument for the death penalty. However, people fail to understand that for deterrence to occur, the death penalty must be imposed consistently across all cases of rape. Yet, in a country with a conviction rate of around 26 per cent for rape cases, forget the probability of the death penalty, the probability of being held guilty leans in favour of rapists. Further, with a police force and a criminal justice system that is perceived as overworked, underpaid and lacking professionalism, specialisation and respect for deadlines, deterrence continues to be a distant dream. On the other hand, keeping convicts alive can potentially reduce the cost for the state in terms of fighting the lengthy legal proceedings that arise in the wake of a death penalty. It can enable law enforcement and researchers to break down the psyche of the sex offender, identify patterns and motives in sex crimes and develop investigation and prosecution tools necessary to quickly and effectively achieve justice, just like the Behavioral Sciences Unit of the FBI did. Don’t the utilities of keeping these criminals alive outweigh the utility of giving them the death penalty? Undoubtedly, the debate around the death penalty has no easy answers. But pending a clear resolution to the inconsistent approaches towards the death penalty, reason and logic dictate that we suspend it until we have a clear idea as to when and why we award death to an individual for a crime. When the dust settles and the public emotions die their quick and natural death- we as a society have a question to answer. How much safer and how better off are we with the Nirbhaya convicts being put to death? The answer to this question, I am afraid, is disappointing.

Is mob fury driving Indian judiciary?

<p>&nbsp;</p>

<p>The Gross Domestic Product of India, for the year 2015 was worth a mind-boggling 2088.80 billion US dollars. This figure, by itself, hardly paints India as a Third World country. Yet, we fare poorly on the Human Development Index which is a measure of literacy, life expectancy and the general standard of living. In other words, for all the wealth India generates, a substantial portion of its population remains poor without access to healthcare, education and nutrition.&nbsp;</p>

<p>&nbsp;</p>

<p>When confronted with this seemingly paradoxical statistic, the average Indian would have one response, &ldquo;corruption&rdquo;. She</p>

<p>is right too; for in the 2016 corruption perception index published by transparency international, India ranks 79 and is well behind countries with much poorer GDP figures such as Senegal, Burkina Faso and Uruguay.</p>

<p>&nbsp;</p>

<p>On the other hand, the 2010 report of PRS Legislative Research disclosed that only 6 per cent of all the complaints of corruption led to a prosecution. Going by the CAG report of 2013, only 33 per cent of the cases prosecuted led to a conviction. In other words, for every 100 complaints of corruption received, 6 cases end up being prosecuted. Out of the 6 cases prosecuted, less than 2 cases</p>

<p>culminate into the conviction of the corrupt official. According to domestic statistics, therefore, at least 94 per cent of the officials named in complaints of corruption are prima facie innocent.&nbsp;</p>

<p>&nbsp;</p>

<p>Evidently, to the international statistic that alleged corruption, domestic statistic responded with the proud tradition of denial.</p>

<p>It is a conundrum that the Indian Parliament sought to address by passing the Lokpal and Lokayuktas Act, 2013 (&ldquo;Act&rdquo;).&nbsp; An autonomous body was set up to inquire into and prosecute complaints of corruption in India. &nbsp;</p>

<p>&nbsp;</p>

<p>&nbsp;However, despite the lapse of 3 years since its passing, the Lokpal has not been constituted and no appointment has been made to it.</p>

<p>The most recent judgment in Common Causes v. the Union of India dealt with the question of the appointment of the Lokpal. Central to the appointment of the Lokpal is a body known as the Selection Committee which comprises, among other people, the leader</p>

<p>of the Opposition from the House of the People. The abysmal performance of the Congress and, for that matter, a lot of other parties has prevented them from having the numbers necessary to qualify as an Opposition.&nbsp;</p>

<p>&nbsp;</p>

<p>Thus, the government&rsquo;s stand has been that such a truncated selection committee without a leader of the Opposition, cannot constitute the search committee under Section 4 (3) of the Act and</p>

<p>without a search committee, it is not possible to identify and recommend the names of individuals for the Lokpal.</p>

<p>&nbsp;</p>

<p>Curiously enough, on an analogous question involving allied legislations like the Right to Information Act, 2005, the Solicitor General in his 2014 opinion was of the view that the absence of a leader of the Opposition would not vitiate the working</p>

<p>of the law itself. Thus, unsurprisingly, the Apex Court held that the Act in its present form is eminently workable. Moreover, it held that even if the selection committee lacked a leader of the Opposition in the Lok Sabha, such a truncated selection committee can, by virtue of Section 4 (2), recommend the names for appointment to</p>

<p>the Lokpal.&nbsp;</p>

<p>&nbsp;</p>

<p>However Section 4 (2) does not extend to the formation of the search committee by the selection committee. Despite this omission in the law, the Apex Court sticks to its position. In fact, by virtue of this judgment, a truncated selection committee can constitute a search committee, even if it is without a leader of the opposition party from the House of the people. The law will, however, not explicitly validate the appointments. &nbsp;</p>

<p>&nbsp;</p>

<p>With the recent verdict, therefore, the argument of the state against the constitution of the search committee has been outright rejected. There is little to stall the Lokpal appointment process now.&nbsp;</p>

<p>&nbsp;</p>

<p>The Apex Court has a long and proud tradition of paving the way to eliminate corruption. Yet, these frequent directions and the public interest litigations they are predicated upon raise two serious questions: a) Why does the court have to be troubled every time for a solution and b) Why successive governments are content with waiting for court orders to address problems surrounding anti-corruption laws and their enforcement?</p>

<p>&nbsp;</p>

<p>The proposed amendments to the Act itself have become controversial in what is perceived as efforts to dilute the powers of the Lokpal, and will no doubt provoke further litigations. This trend that India has seen over the ages must change, and governments must make an effort to ensure that solutions are delivered before the</p>

<p>courts are called upon to intervene. The BJP&rsquo;s rise to power was partly aided by the anti-incumbency trend inspired by the numerous corruption scandals that emerged during the rule of the Congress Party.</p>

<p>&nbsp;</p>

<p>Though the BJP&rsquo;s stand on the Lokpal has largely been casual and lackadaisical so far, the judgment of the Apex Court is a call to action for the ruling party. BJP should distinguish itself from its predecessors by taking a proactive and pragmatic approach to an anti-corruption body like the Lokpal. One would hope that going forward, the courts of the country will actually prosecute cases of corruption rather than deal with public interest litigations on government apathy and inaction.</p>


Though BJP?s stand on the Lokpal has largely been casual so far, the judgment of the Apex Court is a call to action for the ruling party.

The Gross Domestic Product of India, for the year 2015 was worth a mind-boggling 2088.80 billion US dollars. This figure, by itself, hardly paints India as a Third World country. Yet, we fare poorly on the Human Development Index which is a measure of literacy, life expectancy and the general standard of living. In other words, for all the wealth India generates, a substantial portion of its population remains poor without access to healthcare, education and nutrition. When confronted with this seemingly paradoxical statistic, the average Indian would have one response, “corruption”. She is right too; for in the 2016 corruption perception index published by transparency international, India ranks 79 and is well behind countries with much poorer GDP figures such as Senegal, Burkina Faso and Uruguay. On the other hand, the 2010 report of PRS Legislative Research disclosed that only 6 per cent of all the complaints of corruption led to a prosecution. Going by the CAG report of 2013, only 33 per cent of the cases prosecuted led to a conviction. In other words, for every 100 complaints of corruption received, 6 cases end up being prosecuted. Out of the 6 cases prosecuted, less than 2 cases culminate into the conviction of the corrupt official. According to domestic statistics, therefore, at least 94 per cent of the officials named in complaints of corruption are prima facie innocent. Evidently, to the international statistic that alleged corruption, domestic statistic responded with the proud tradition of denial. It is a conundrum that the Indian Parliament sought to address by passing the Lokpal and Lokayuktas Act, 2013 (“Act”). An autonomous body was set up to inquire into and prosecute complaints of corruption in India. However, despite the lapse of 3 years since its passing, the Lokpal has not been constituted and no appointment has been made to it. The most recent judgment in Common Causes v. the Union of India dealt with the question of the appointment of the Lokpal. Central to the appointment of the Lokpal is a body known as the Selection Committee which comprises, among other people, the leader of the Opposition from the House of the People. The abysmal performance of the Congress and, for that matter, a lot of other parties has prevented them from having the numbers necessary to qualify as an Opposition. Thus, the government’s stand has been that such a truncated selection committee without a leader of the Opposition, cannot constitute the search committee under Section 4 (3) of the Act and without a search committee, it is not possible to identify and recommend the names of individuals for the Lokpal. Curiously enough, on an analogous question involving allied legislations like the Right to Information Act, 2005, the Solicitor General in his 2014 opinion was of the view that the absence of a leader of the Opposition would not vitiate the working of the law itself. Thus, unsurprisingly, the Apex Court held that the Act in its present form is eminently workable. Moreover, it held that even if the selection committee lacked a leader of the Opposition in the Lok Sabha, such a truncated selection committee can, by virtue of Section 4 (2), recommend the names for appointment to the Lokpal. However Section 4 (2) does not extend to the formation of the search committee by the selection committee. Despite this omission in the law, the Apex Court sticks to its position. In fact, by virtue of this judgment, a truncated selection committee can constitute a search committee, even if it is without a leader of the opposition party from the House of the people. The law will, however, not explicitly validate the appointments. With the recent verdict, therefore, the argument of the state against the constitution of the search committee has been outright rejected. There is little to stall the Lokpal appointment process now. The Apex Court has a long and proud tradition of paving the way to eliminate corruption. Yet, these frequent directions and the public interest litigations they are predicated upon raise two serious questions: a) Why does the court have to be troubled every time for a solution and b) Why successive governments are content with waiting for court orders to address problems surrounding anti-corruption laws and their enforcement? The proposed amendments to the Act itself have become controversial in what is perceived as efforts to dilute the powers of the Lokpal, and will no doubt provoke further litigations. This trend that India has seen over the ages must change, and governments must make an effort to ensure that solutions are delivered before the courts are called upon to intervene. The BJP’s rise to power was partly aided by the anti-incumbency trend inspired by the numerous corruption scandals that emerged during the rule of the Congress Party. Though the BJP’s stand on the Lokpal has largely been casual and lackadaisical so far, the judgment of the Apex Court is a call to action for the ruling party. BJP should distinguish itself from its predecessors by taking a proactive and pragmatic approach to an anti-corruption body like the Lokpal. One would hope that going forward, the courts of the country will actually prosecute cases of corruption rather than deal with public interest litigations on government apathy and inaction.

The curious case of the Lokpal Bill

Author

Zee News Rajasthan

Editor

Ashok G V

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