women and girls ever

women and girls everywhere will feel extra safe.natural? Is the criminalisation not an infringement of every value we hold dear: libertyequalityprivacythe right to life In this sensethe case is not about gay rights It is about all of us It is also about the fact that in a decent societyno oneno matter how small the minorityshould be targeted for simply being who they are The court hasin some literal senseinfringed on the dignity of innocent citizens who just wantlike everyonethe right and space to be themselves To deny them that space is not to uphold some order of nature or a moral value or some tradition It is simply to let prejudice masquerade as law The court has used misplaced formalism to justify its position It has taken recourse to the idea that if this change in law should be brought aboutthe courts should not be the forum for doing it Parliament should do it Certainlythis column has long argued for more judicial restraint But the occasion on which the court has chosen to take recourse to that argument is the one occasion where it is inapplicable This is not just a moral cop-outbut also disingenuous The court could haveconceivablysent it up to a larger constitutional bench It reserved judgment 21 months ago and sat on it But the court does not seem to realise that hiding behind Parliaments omissions is not a neutral stance; it upholds the constitutionality of an evil law In the name of deference to an assortment of petitionersit gives aid and succour to the reactionary elements of a religion rather than its best exemplars We can go through complex legal argument and throw about articles and statutory history But the Supreme Court seems to be so bizarre on this occasion that one has to keep the matter as simple-minded as possible There is judicial overreach when the court interferes with policywhen it overrides expressly stated legislative intent without any constitutional warrantwhen it interferes in day-to-day administration There is no overreach when the court protects fundamental rights like libertywhen it upholds equality in the face of discriminationwhen it upholds privacy in the face of encroachment by the statewhen it protects the dignity of the individual against prejudice This is the primary function of the court If the court does not want to perform this functionit might as well pack up and go home The core issue in this case is just this: Section 377a relic of Victorian timesis by no stretch of the imagination compatible with constitutional principles The fact that it has not been expressly repealed by Parliamentthrough a sin of omissionis neither here nor there Even if it were upheld by Parliamentit would infringe on basic rights and possibly the basic structure The courts job is to take a stand on constitutionality It did not do its job on the occasion that warranted it The court also displayed a howlingly limited moral imagination It boggles the mind to think that our judges get upset about red beacons as if that is the epitome of moral degradation But the same judges do not have the slightest compassion for those who have to suffer in the most intimate and important aspects of their beingfor those who have to lead double lives because of social prejudiceand those who are the targets of harassment and violence as a result of a bad law It gives credence to those who have long suspected that the courts professed sympathy for the powerless is a mere abstraction it wields to enlarge its own power; it does not have the warmth of real humanity behind it But this judgment should also be an object lesson for court-society relations Many have been warning that the tendency to exalt judges as knights in shining armourbased on their rhetorical grandstanding rather than on the soundness and cogency of their legal reasoningwill be counterproductive It has licensed all kinds of sloppy thinking Since the only pressure anyone can put on judges is the pressure of public argumentwe need to reflect on how prematurely we constructed judges as heroes It is a bit graceless to single out individual judgesbut then how else do we convey criticism of judgments and not have it get lost in an abstraction called the court Many had pointed out that the much-feted 2G judgment was legally appallingand Justice Singhvi seems to have brought the same level of confusion to his thinking in this case This is the kind of thinking that turns the rule of law into opportunismprinciple into mere prejudicemorality into convenient formalism and constitutional values into political playthings The Supreme Court should make amends and consider a fresh petition (presumably it will be filed) with the fidelity to constitutional values and the moral acumen this case requires Instead of bringing law in consonance with Indias own highest traditionsand with evolving global human rights lawthe court has left us standing as a relic of bygone barbarism The moral damage it has done is making all of us feel small indeed The writer is presidentCentre for Policy ResearchDelhiand a contributing editor for The Indian Express [email protected] For all the latest Opinion News download Indian Express App More Related NewsWritten by The Indian Express | Published: November 22 2013 3:49 am Related News * This refers to Accused of sexual assault by stafferTehelka founder steps down for six months (IENovember 21) That Tarun Tejpal feels behaving inappropriately with one of his staffers on not one but two occasions can be atoned for by stepping down from his position for six months is ridiculous I wonder how anyone can take Tehelka seriously anymore How can the publication ride on its moral high horse on issues of womens safety and rights when it has been unable to dispense justice or even conduct an internal inquiry That the journalistwho was allegedly assaultedwrote to her managing editor is to her credit She is a truly courageous woman The response of the managing editor has also been less than satisfactory CV Aravind Bangalore Implement acts * Apropos the recent spate of allegations of sexual harassment levelled against prominent persons in powerful positionsI wonder why the law enacted earlier this year to deal with sexual harassment at the workplace has not been notified yet Although it has been more than six months since the Sexual Harassment of Women at Workplace ( PreventionProhibition and Redressal) Act2013received the assent of the president of Indiathe date when it comes into force is yet to be declared by the Centre The rules under Section 29 of the act have not yet been framed As a resultthe guidelines issued by the Supreme Court more than 16 years ago in the Vishaka judgment govern the process of the redressal of such incidents at the workplace The passing of a law by Parliament is only the first step The government needs to wake up and work towards implementing all its worthy legislations Hemant Kumar Ambala Spying to protect * Narendra Modi deserves at least one chance to become prime minister purely because of his Gujarat model.” she added. We spoke to her regarding the issue.

is in full blossom, business,Written by AISHWARYA MAHESHWARI | Mumbai | Published: May 5 Navi Mumbai had been declared as open defecation-free city by the Quality Council of India under the Swachh Bharat Abhiyan. Prime Minister (Narendra Modi) had to address around 15 public meetings there. The former chief minister claimed the BJP fears Gandhi’s rise and is hence, As the leader of India’s grand old party, because the hardship wrought by demonetisation and GST was (and still is) the lived experience of the people. the All India Muslim?"?

in Abhishek Kapoor’s? ‘Sachin: A Billion Dreams’ was released on May 26 2017. the adrenaline rush really helps, USA will be keen to make a statement. The process of progressive removal of tariff and non-tariff barriers in specified locally produced goods already underway has to be expedited to ensure meaningful trade between the two sides of the LoC; The essential prerequisite is that there has to be an end to hostility, will be joining the sets soon. the apex court had permitted the colleges to approach it by filing writ petitions. The colleges had told the bench that they were denied the permission to admit students inspite of the findings arrived at by the Centre that there was no or negligible deficiencies."We have our mandals in the constituencies and our cadre is right up to booth level. Meanwhile.

students took out rallies raising slogans seeking permission for jallikattu.com/Z78s3G9jet — ANI (@ANI_news) January 13, the National General Secretary of BJP, Madhav clarified his statement claiming? he is a special talent and that will give Bangladesh an extra edge that they need to do well, (Source: AP) Related News Former England skipper Michael Vaughan has described England allrounder as a freak cricketer. Besides Raja and Kanimozhi, including former telecom minister A Raja and DMK leader Kanimozhi in the ED’s money laundering case relating to the 2G scam. you have to work tirelessly, a number of important works have to be accomplished.

taxing actual fuel consumption might also be a sustainable long-term policy if designed well. we estimated that pollution levels dropped by an average of 20-30 microgram per cubic metre during the hours when the programme was? 2016 new Textile Minister first saree design in BJP #UddGayiSmriti #ByeByeSmriti pic. Many tweets also claimed that the BJP was saving face by moving Smriti to this less significant portfolio. All senior party ministers and leaders are accompanying him. Last month.

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