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फिल्म द केरला स्टोरी के प्रदर्शन में मुस्लिम संघ ने डाली बाधा

Shubham Anvekar
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फिल्म द केरला स्टोरी के प्रदर्शन में मुस्लिम संघ ने डाली बाधा

केरल स्टोरी विवादों और बहसों के बावजूद भारत में अच्छा प्रदर्शन कर रही है। कुछ ही दिनों में फिल्म की कमाई 200 करोड़ के पार पहुंच गई है। फिल्म विदेशों में भी रिलीज हुई थी और इसे मिली-जुली प्रतिक्रिया मिली थी। लेकिन ब्रिटेन में फिल्म द केरला स्टोरी की स्क्रीनिंग के दौरान एक ऐसी घटना हुई जिसमें एक मुस्लिम संगठन ने फिल्म की स्क्रीनिंग में बाधा डाली।

फिल्म द केरला स्टोरी पिछले हफ्ते ब्रिटेन में रिलीज हुई थी। वहीं फिल्म को 18+ का सर्टिफिकेट मिला है। जब बर्मिंघम के एक सिनेमाघर में द केरला स्टोरी फिल्म दिखाई जा रही थी, मुस्लिम उग्रवादियों के एक समूह ने न केवल सिनेमाघर में प्रवेश किया और स्क्रीनिंग को बाधित किया, बल्कि दर्शकों के साथ उनकी बहस भी हुई। इस घटना का वीडियो फुटेज सोशल मीडिया पर वायरल हो रहा है।

शकील अशरफ और कुछ अन्य लोग थिएटर में घुस गए जहां फिल्म केरल स्टोरी दिखाई जा रही थी और उन्होंने फिल्म को रोकने की मांग की, जिसके बाद दर्शकों के साथ उनकी जोरदार बहस हुई। बाद में पुलिस और सिनेमाघर का स्टाफ आया और मुस्लिम युवक को बाहर भेज दिया। इस दौरान फ्री कश्मीर के नारे भी सुनाई दिए। इसके बाद फिल्म चलती रही।

फिल्म को ब्रिटेन के 31 सिनेमाघरों में दिखाया गया था, लेकिन कई सिनेमाघरों में फिल्म की स्क्रीनिंग रद्द कर दी गई और टिकट बुक करने वाले दर्शकों को पैसे वापस कर दिए गए। ब्रिटेन में कुछ भारतीयों ने सोशल मीडिया पर नाराजगी जताई है और बीबीएफसी पर एक समुदाय के पक्ष में खड़े होने का आरोप लगाया है।

द केरला स्टोरी फिल्म में एक धर्मांतरण की कहानी शामिल है जिसके बारे में कहा जाता है कि यह केरल में हुआ था। अदा शर्मा ने सुदीप्तो सेन द्वारा निर्देशित फिल्म द केरला स्टोरी में मुख्य भूमिका निभाई थी। केरल राज्य सरकार और विपक्ष इस फिल्म का विरोध कर रहे थे। फिल्म की रिलीज को रोकने का कानूनी प्रयास किया गया, लेकिन यह विफल रहा। तमिलनाडु और पश्चिम बंगाल राज्यों ने फिल्म का प्रदर्शन रोक दिया है। अब फिल्म की टीम की तरफ से सुप्रीम कोर्ट में केस फाइल किया गया है और ट्रायल चल रहा है.

द केरला स्टोरी फिल्म में इस्लाम और मुस्लिम समुदाय को गलत तरीके से दिखाया गया है। सच्चाई घटना से कोसों दूर है। फिल्म पर इस्लाम के खिलाफ नफरत भड़काने का आरोप लगाया जा रहा है। फिल्म को बीजेपी, आरएसएस और कुछ अन्य हिंदुत्ववादी संगठनों का भरपूर समर्थन मिला है। फिल्म के बारे में खुद प्रधानमंत्री मोदी ने बात की है। बीजेपी शासित मध्य प्रदेश और उत्तर प्रदेश में सिनेमा को टैक्स में छूट देने का ऐलान किया गया है.

The Kerala Story: Debunking misconceptions and addressing communal narratives

ibc938
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The Kerala Story: Debunking misconceptions and addressing communal narratives

‘The Kerala Story’ has ignited a heated debate regarding its content and the call for a ban. However, it is vital to approach this controversy with careful consideration and prioritize open dialogue over suppression. By delving into the film’s themes and addressing the concerns raised, we can foster a more nuanced understanding of the issues at hand.

Challenging Communal Narratives: Debunking Misconceptions

One of the main criticisms levelled against The Kerala Story is that it allegedly seeks to stoke communal passions and promote a false narrative against Muslims. While these concerns should not be dismissed outright, banning the film is not the appropriate solution. Rather, the film should be viewed as an opportunity to address and challenge any misconceptions or biases it may perpetuate. Banning the film would only serve to enhance its propaganda value and potentially advance any ulterior motives it may harbor. Instead, fostering open dialogue and engaging in constructive discussions can help dismantle false projections and promote a more nuanced understanding among different communities.

The Legal Framework: Certification and Bans

It is important to recognize that once a film has received certification from the relevant statutory authority, there is generally no valid case for imposing a ban. While laws pertaining to public order do grant the police and local authorities the power to halt film screenings, exercising this power in response to every demand for a ban would be precarious.

Bans can often be overturned by courts and, paradoxically, tend to attract more attention to the film, leading to a greater number of people forming opinions on its content. Instead of resorting to hasty bans, the focus should be on fostering critical thinking, media literacy, and creating an environment where misinformation can be effectively countered.

Assessing Ground Realities: Local Authorities and Security

Recent reports from Tamil Nadu and Kerala indicate that threats of protests have led some multiplexes and cinema owners to opt not to screen The Kerala Story. However, the decision to screen or not should be based on a prudent assessment of the ground situation rather than succumbing to external pressures.

While local authorities have a responsibility to ensure adequate security, it is crucial to uphold the principles of freedom of expression and not let the fear of protests unduly influence their decisions. Upholding the rule of law and creating an environment where diverse perspectives can coexist peacefully is of utmost importance.

Moving Beyond Politicization: Addressing Radicalization Concerns

Unfortunately, attempts to politicize and capitalize on The Kerala Story have emerged, including allegations from high-ranking officials that only those who support terrorism would criticize such a movie. However, it is essential to separate the debate over the film from broader accusations of supporting terrorism. Protests against a perceived false narrative about a state or community should not be equated with endorsing terrorism.

Instead, the concerns raised in the film regarding the potential targeting of young people for radicalization should be addressed by isolating extremist elements and fostering better understanding among communities. By focusing on the root causes of radicalization and promoting dialogue, a more effective response can be developed as mirrors reflecting society and raising awareness about contemporary issues.

It is encouraging to see filmmakers increasingly drawing inspiration from real-life events to create impactful narratives. An excellent example of this trend is ‘The Kashmir Files,’ a film that defied expectations by garnering over 6,000 screenings worldwide, despite initial doubts about its potential reach.

By deep diving into real-life incidents and exploring their implications, filmmakers have the power to shed light on pressing societal concerns. However, it is crucial that these narratives are approached with responsibility and sensitivity to avoid perpetuating harmful stereotypes or spreading misinformation.

‘The Kerala Story’ has the potential to contribute to the discourse surrounding radicalization and community dynamics. While concerns have been raised about its portrayal of certain communities, it is important to remember that a complete ban on the film would not address the underlying issues. Instead, it is essential to foster an environment where dialogue and critical engagement can flourish.

Rather than suppressing artistic expression, efforts should be directed towards creating platforms for informed discussions, where diverse perspectives can be shared and misconceptions can be challenged. By encouraging open conversations, society can collectively work towards a better understanding of the complexities involved and develop strategies to address the root causes of radicalization.

In conclusion, the demand for a ban on ‘The Kerala Story’ is ill-conceived and counterproductive. Banning the film would only serve to enhance its propaganda value and hinder constructive dialogue. Instead, it is crucial to embrace the power of cinema as a medium for raising awareness and facilitating meaningful conversations. By fostering an environment of understanding and addressing the concerns it raises, we can move closer to a society that values freedom of expression and embraces diverse viewpoints.

About Me: Aakash is a Sr. Content Producer at IBC24 Review with over 5 years of experience in the industry. As an entertainment blogger, Aakash brings a wealth of knowledge and expertise to that areas.

The need and challenges to amend the Labor Laws in India

Shubhanshu Shrivastava
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The need and challenges to amend the Labor Laws in India

The recent recession that has hit the world has caused havoc in the lives of many Banks and Corporate companies operating all around the Globe, the U.S. being the major player providing employment to a big chunk of the population within its own boundaries and in India. Comparatively, India’s economy has taken on the brunt end of this global recession as opposed to the U.S.

Even though India is on a path to exponential growth, the impact that the recession had on the Tech and Consulting giants has caused massive layoffs within such firms. On the ground level, this trend of massive layoffs is distressing if nothing else. Since the employees who have been shown the door have been hard-working with mouths to feed in their homes, this ‘trend’ of cost-cutting by reducing the workforce becomes a very menacing trend.

Losing their livelihood is no doubt painful for an individual, the fact that there are no salary cuts in the CEO’s Multi-Million dollar income and their decisions based solely on the numbers give the impression that the workforce is nothing more than some digits in the eyes of the top level management is however even more alarming and hurtful.

But the need to have better labor laws in India is not just limited to the sentiments of the troubled employee. A person who has been sacked by a company often starts by searching for another job, which in the recession-hit market scenario is very hard to achieve. There are different alternatives that they start searching for. The reduction in the cash spending capability of an individual spells trouble for the economy.

Of course, there are labor laws that are established within the country which on paper spells being inclusive and following due process. But the point is that these are not enough in the present scenario when India is trying to become the favorite destination for global businesses. It becomes an easy task for the well-paid lawyers and HRs of the big organizations to circumvent these laws and refer the NDAs signed by the employees at the time of joining an organization if the termination is questioned.

These NDAs generally constitute the clause that the Company reserves the right to terminate the employment of the individual with/without any reason. Moreover, the reasons provided by the organizations for the termination are sometimes as bad as a schoolboy alleging he ‘forgot’ his notebook which had his homework.

And the most important point of all – In light of the recent massive layoffs in the United States and India alike where the companies cited reasons such as “recession”, “market downturn”, etc., while the top management kept paying themselves a huge amount of salary, proves the labor laws of India effete and ineffective.

Hence, the labor laws which allow these companies to make these decisions are in dire need of reforms. And this is where the problem starts.

The hiring and firing which is happening within such organizations are being reinforced by the U.S. corporate culture and weak labor laws within the country. The reason for this is in order to attract more foreign investment and, to invite the big conglomerates and companies to operate within India the government needs to project the perception of being ‘corporate friendly’ which means the companies need to feel safeguarded against any union and labor interventions.

This can only happen if India jumps up in the World Bank’s Ease of doing business rankings. Hence the companies can be attracted to start their operations within the country if the government projects the existence of an extensive labor force being a few inches away based on the decision they make. The one other country which has become a behemoth using this play is China, which made use of the cheap and readily available workforce which can be used to save costs for the company.

But given the communist regime in China and being a major adversary of the U.S. with having expansionist dreams to the surrounding areas with its CPEC initiative, China has lately become an eyesore for the States.

Another reason is a lack of better options available to the masses. The government jobs are limited in numbers and have a fierce competition where lacs and lacs of people are gunning for a single job. On top of that, there are caste politics in play in the form of caste reservations. The pay is not very good and the career progression is rather sluggish, irrespective of how well or how bad you might be performing.

Due to these factors, jobs in the private sector have been very attractive to the youngsters. The pay is well above that of a government job and can exponentially increase with respect to the performance of the employee in a very short amount of time. The MNCs pay a handsome salary to an individual. There is a lack of native options available to the masses since the value of $ (in which these MNCs do business) is much higher compared to the Indian Rupee, which means that two people doing the same job – one in an MNC and the other in an Indian Firm will have drastic differences in their pay.

The MNCs operating in the B2B model often bill their customers for Thousands of Dollars, while their employees who are doing the work are paid a minuscule fraction of it. That is the difference between the earning of an MNC and a native firm.

All the while people are discussing about EU where the big companies have not been able to do mass layoffs due to their strong labor laws. It matters not where a good thing comes from, India should adopt whatever makes it better. Still, the question remains whether India will be able to circumvent the above challenges.

Recently, a big IT firm within India that employs lacs of personnel has sacked approximately 3500 employees because citing the reason of implementing AI, which makes it prudent that India should do some modifications in its labor laws because believe it or not, the day when India will have to make a decision about it is soon approaching.

Demonetization: A controversial move with far-reaching implications

ruchitra
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Demonetization: A controversial move with far-reaching implications

In November 2016, India witnessed a historic event that sent shockwaves throughout the nation: the demonetization of 500 and 1,000 rupee notes. This sudden and bold move by the government aimed to curb black money, tackle corruption, and promote a cashless economy. However, demonetization proved to be a highly controversial decision with wide-ranging consequences, sparking heated debates and dividing public opinion.

The objectives and rationale behind demonetization:

The primary objectives of demonetization were multifaceted. The government aimed to:

1. Curb black money: The withdrawal of high-denomination notes intended to unearth and eliminate undisclosed income, counterfeit currency, and illegal activities that thrive on cash transactions.

2. Combat corruption: By rendering large amounts of unaccounted cash useless overnight, the government aimed to disrupt corrupt practices and discourage the circulation of illicit funds.

3. Promote digitization: Encouraging a transition to digital payment systems was a critical aspect of demonetization, aiming to create a more transparent, efficient, and formalized economy.

Immediate impacts and challenges:

The sudden withdrawal of 86% of the country’s cash created immediate and widespread disruptions. People faced significant challenges in accessing their own money, leading to long queues at banks and ATMs, cash shortages, and inconvenience for the general public, particularly those in rural areas and the informal sector.

Critics argued that demonetization failed to achieve its primary objectives. The Reserve Bank of India’s annual report indicated that most of the demonetized currency had returned to the banking system, suggesting that black money might not have been effectively extinguished. Additionally, some experts argued that corruption and illegal activities quickly adapted to new modes of operation, minimizing the long-term impact.

The road to recovery:

While the immediate aftermath of demonetization was tumultuous, the move did have some positive consequences:

1. Increased digital transactions: Demonetization acted as a catalyst for the adoption of digital payment systems, leading to a surge in cashless transactions. This shift laid the foundation for a more technologically advanced and inclusive financial ecosystem.

2. Formalization of the economy: As more transactions moved into the formal banking system, there was increased transparency and accountability, reducing the scope for illicit activities.

3. Push for financial inclusion: Demonetization forced a large number of previously unbanked individuals to open bank accounts, fostering financial inclusion and providing access to various government schemes and benefits.

Lessons learned:

The demonetization exercise in India offered valuable lessons for policymakers worldwide:

1. Preparedness and smooth implementation: Adequate preparations, ensuring the availability of alternative currency, and effective communication are vital to minimize disruptions during such a significant monetary reform.

2. Focus on comprehensive reforms: Demonetization, in isolation, may not achieve long-term goals. It should be accompanied by broader structural reforms addressing corruption, tax evasion, and strengthening the financial system.

3. Balancing short-term pain and long-term gain: Policymakers should be mindful of the immediate hardships faced by the vulnerable sections of society and take measures to alleviate their suffering during such transitions.

Demonetization was a bold and contentious move that aimed to transform India’s economy by curbing black money, combating corruption, and promoting digital transactions. While the short-term disruptions and challenges cannot be ignored, the long-term impacts, such as increased digitization and formalization of the economy, should also be acknowledged. Moving forward, policymakers must carefully assess the outcomes of demonetization

What is ‘Sudan Conflict’? Sudan crisis simplified

sai1947
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What is ‘Sudan Conflict’? Sudan crisis simplified

Sudan Conflict:-

You might be hearing about Sudan conflict in the news since ‘Operation Kaveri’. According to some sources, Sudan is one of the most dangerous country in the world. It also had a 30 year civil war which basically gave independence to South Sudan in 2011. So to understand the conflict we have to know how the system works in Sudan.

Sudan System:-

In Sudan, there are two positions which lead the country, One is president and another is prime minister.

President is mostly either came as civil society as a politician or either current military serving officer. Prime minister on the other hand was in charge after getting elected from democratic elections.

But in 1989, the then Brigadier general of Sudan ‘Omal-Al-Bashir’ was the president of Sudan. He with the help of few military leaders overthrew the then prime minister ‘Sadiq-Al-Mahdi’ and abolished the post of prime minister. He was the president of Sudan since 1989 till 2019.

Sadiq-Al-Mahdi
Omal-Al-Bashir

What Happened:-

In 2019, he appointed Abdul Fattah Al-Burhan as Inspector General of the Sudanese Army. He knew that he could also be overthrown like he did to prime minister post (according to few analysts). So he appointed Mohamed Hamdan Dagalo as Dy.Gen. of the Rapid Action Force (RSF). Now Burhan and Dagalo allegedly “Betrayed” Bashir and overthrew him and Burhan became the president. They both were working together since 2017 Yemen war. Just after two months of appointing them, they overthrew Bashir. Burhan wanted to solidify relations with the US, Israel and other golf countries.

Hence have to be democratic. So, In August 2019, he created a federal body Transitional Sovereignty Council (TSC) in Sudan which shared power between civil political groups and military junta (group of military leaders). He was the Chairman of the body and made Dagalo the Vice-Chairman. Just after creating this body, he met the then foreign secretary of the US ‘Mike Pompeo’, and in December 2019, was invited to America by ‘Donald Trump’.

As planned made strong ties with US, Israel and other gulf countries till October 2019. Here what happened is when TSC was formed, it was made only to run for three years and three months or 39 months to be exact. In this 39 months, military would rule 21 months and political groups 18 months. This 21 months should end in November 2021. In October 2021, Burhan arrested all the political groups, journalists leaders and house arrested them.

This was called ‘Sudan coup d’état’. In fear of losing ties with the US, Israel and other gulf countries, Burhan appointed other politicians/members. But it turns out that the appointed people were previously associated with Omal-Al-Bashir. See, Bashir has trusted Dagalo more than Burhan So, Dagalo feared a revolt against him and aligned RSF officers against Burhan. Seeing this Burhan quickly disbanded RSF. But on April 15 2023, Some RSF People started firing on Sudanese army .

Dhirendra Shastri takes Patna by storm: unveiling the political powerhouse

Aman Shukla
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Dhirendra Shastri takes Patna by storm: unveiling the political powerhouse

The political landscape of Bihar has recently witnessed a seismic shift with the emergence of Dhirendra Shastri as a formidable force. His rise to power has been accompanied by the unconventional influence of Bagheshwar Baba, a spiritual guru known for his mystic practices. In this article, we will explore the intriguing journey of Dhirendra Shastri, his alliance with Bagheshwar Baba, and the impact they have collectively made on Bihar’s political scene.

Dhirendra Shastri: The Man Behind the Storm

Dhirendra Shastri, a charismatic and dynamic leader, hails from humble beginnings in the state of Bihar. From a young age, he displayed exceptional leadership qualities and a deep passion for the welfare of the people. Driven by a desire to bring about positive change, Shastri embarked on a journey that would ultimately catapult him to the forefront of Bihar’s political landscape.

The Alliance: Dhirendra Shastri and Biharis

The alliance between Dhirendra Shastri and Biharis has been a game-changer in Bihar’s political arena. Their partnership symbolizes a convergence of spirituality and politics, with both leaders striving to create a harmonious society based on principles of justice, equality, and progress. Together, they have captured the imagination of the people, offering a fresh perspective on governance and social transformation.

Shaking the Political Landscape

The arrival of Dhirendra Shastri and the unconventional influence of Bagheshwar Baba have sent shockwaves through Bihar’s political landscape. Their unique approach, combining spirituality and politics, has disrupted the traditional power dynamics and challenged established political parties. Their message of inclusive development and ethical governance has resonated with the masses, igniting a wave of optimism and hope for a better Bihar.

Prime Minister Modi is world boss (Vishv Guru)

Dr Prem Lal Joshi
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Prime Minister Modi is world boss (Vishv Guru)

The globe has seen Prime Minister Narendra’s increasing global appeal on a variety of fronts. The Australian Prime Minister Anthony Albanese referred to him as the “world Boss” during his visit and speech to the Indian diaspora in Australia.

President Biden of the United States stood up and walked right up to Prime Minister Modi during his meeting with G-7 leaders in the Japanese city of Hiroshima. They shook hands.  He was informed by Biden that he wants Modi’s autograph because he is so well-liked in the United States.   When Zelenky first met him there, he believed Modi to be the key figure who could assist in putting an end to the Russian-Ukrainian war.

Why global leaders are referring to PM Modi as the boss of the world and why their trust in India is growing daily.  India’s economy is now the fifth-largest and fastest-growing in the world thanks to Modi.  India is steadily rising to the top three spots in a number of global rankings. For example:

1.  The mother and biggest of all democracies is India.

2. India has the youngest, most talented, and most skilled labor force in the world.

3.  India is world fastest growing economy in the world

4.  India is number one in digital payments

5. India is number one in smart data consumer

6. India is the number one producer of cotton, millet, dry beans, chickpeas, pulses, banana, mango, papaya, cumin, ginger, chili pepper, and turmeric.

7. In digital skills readiness, India is number one according to a global study by Salesforce

8. India is number one in smart data consumer

9. India is number one in the fintech inclusion rate

10  India is number one in milk production in the world

11. India has the largest civil aviation market in the world

12.   India is second largest mobile manufacturer in the world

13.  India is the second-largest producer of fruits and vegetables worldwide.

14. India is the second-largest producer of rice and sugarcane

15 India is the third largest automobile market in the world in terms of sales.

India is now referred to as the Force for world peace. It is making rapid progress towards becoming a developed nation within the next 25 years. The dynamic leadership of PM Modi and his government initiatives have made these national objectives attainable.

Legalization of Same-sex Marriages: What’s going on around?

awazshinjinee
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Legalization of Same-sex Marriages: What’s going on around?

Pertaining to my presentation at an international conference in Jan’23 on the topic ‘Cyber victimization of LGBTQ+ youths’, I have been asked a curious yet atypical question by a bunch of young minds. “Ma’am, how do you decide whether a person belongs to LGBTQ+ community, as we all are assigned only a particular gender at birth (M/F)?” Well, the question though was in general terms set me aback. Many of us do not possess a clear notion about the concepts of ‘gender’ and sexual orientation.’ Both these terms are mutually exclusive.

So, what even is sexual orientation? Sexual orientation, as defined by the American Psychological Association refers to: ‘The enduring pattern of emotional, romantic, and/or sexual attractions to men, women, or both sexes. Sexual orientation also refers to a person’s sense of identity based on those attractions, related behaviors, and membership in a community of others who share those attractions.’ (Byrd, 1970). India, ‘so called’ built on pride and reputation- do not want to get judged. Being anything but heterosexual is considered as “not normal.”

India has decriminalized homosexuality in 2018, when a five-judge Bench unanimously struck down Section 377 of IPC (Navtej Singh Johar v. UOI). Only the relationship became legal, not the associated notions. Homosexual couples are not yet entitled to rights like marriage, adoption, succession, inheritance and so on.

The demand for the recognition of same-sex marriage has opened a Pandora’s box of issues which question the very foundation of the institutions of marriage and family as building blocks of social, cultural, and political life. Presently from 18th April’23, the Supreme Court is hearing a batch of petitions seeking legal recognition of same-sex marriage and the country eagerly waits for the apex court’s verdict.

While the petitioners argued that the fundamental rights of the LGBTQ+ community were being restricted, the government raised preliminary objections to the court hearing petitions seeking same sex-marriage. The Centre has readily opposed in the Supreme Court a batch of pleas seeking legal validation of same-sex marriage, saying it would cause complete havoc with the delicate balance of personal laws and accepted societal values.

What’s happening in the Apex court?

Undoubtedly, the commencement of the hearings relating to the petition Supriyo @ Supriya Chakraborty v. Union of India is a breakthrough for the rights of LGBTQ+ community. Way back in 1956, the iconic Justice Vivian Bose said – “The constitution also exists for the common man, for the poor and the humble, for those who have businesses, for the butcher, the baker & the candlemaker.” The constitution of India is the supreme law of the land, and complying by the same is the statutory duty.

At the outset, the center has argued that the judiciary is not competent to decide the matter and it is exclusively under the domain of the Parliament by virtue of Article 246. They contended that even in the countries where same-sex marriages are legalized, most of them have done so through the legislative route. The primary objective of the institution of marriage is procreation and continuance of bloodline.

The Centre went on to submit that it is not discrimination to exclude same sex marriages from institution of marriage because conventional and universally accepted socio-legal relationships across all religions, is deeply rooted in the social customs and is considered a sacrament in all personal laws. Even in Islam, marriage is considered a sacred contract which can only be entered between a biological male and biological female. This deep-rooted social context also finds its validity in the Special Marriage Act 1954.

The esteemed bench comprising of CJI Chandrachud however disdained the notions submitted by the respondents by observing that procreation is not the sole objective of any valid marriage. Marriage is only a gateway that opens so many possibilities and rights, which can be opted upon and is not exhaustive in nature and operation. In the case of heterosexual couples in the present-day scenario, increasingly many heterosexual couples are either childless or single parents.

Again, not all heterosexual couples are competent or sexually competent to procreate; hence the options of IVF, adoption, surrogacy are in practice. That’s completely a matter of choice.  The act of decriminalizing homosexuality should not only be confined till legalizing the relation. The judiciary is not in operation only to decide validity of any Act or statute till constitutional limitations; expanding on the concept of constitutional guarantees also comes within the endeavors of the Judiciary.

BCI’s stance

The BCI passed a resolution dated 23/04/2023 which highlights the disadvantages post legalization of same-sex marriages. It considered the ongoing proceedings heard by the 5-judge constitutional bench as “… a matter of great anxiety and serious concern…” BCI highlighted the socio-cultural and religious beliefs of India and that such an overly sensitive matter reflecting the views of all the sections of the society is not harmonious to be heard and decided by the apex court. In a way, the BCI reiterated the arguments of the respondents about the issue being under competence of the Parliament, and not the Judiciary.

The BCI through the passed resolution in a way criticized the Indian Judiciary by the words “… the laws made by the Legislature are truly democratic … they are made after undergoing thorough consultive process and reflect the view of all the sections of the society… the legislature is accountable to the public. “Well, that’s the beauty of our Constitution. All the organs are mutually exclusive in their own domain by virtue of the Doctrine of Separation of Powers. The extremely sensitive matter being heard by the apex court does not suggest intrusion into the legislature’s domain.

The resolution says as I quote “… Law is essentially a codified societal norm that reflects the collective conscience of its people… and the legislature being truly reflective of the will of the people is best suited to deal with such sensitive issue…” Is the BCI directing the apex court bench comprising of the CJI to step down from hearing the matter, can the BCI even do so? This certainly needs a comprehensive analysis. ‘The resolution requesting the Supreme court bench not to continue with the hearings is undermining the basic structure of the Constitution. And after 50 years of Kehsavananda’s win, is the basic structure really at stake?

Analysis: Homosexual marriage

The right to marriage is an established fundamental right under Article 21 of the Constitution. The Supreme court in the Hadiya case (Shafin Jahan v. Asokan K.M. and Ors) held that the choice of a partner whether within or outside marriage lies within the exclusive domain of everyone. If it is a right of heterosexuals, homosexuals should be thus equally entitled to the benefits of the Constitution. The Preamble itself reads “…. For the people” and not explicitly mentions ‘… for heterosexual people.’

The argument of the respondents seems contradictory in its own context. In a country where a manglic boy/girl is forced to marry a dog or Tulsi plant, the argument that marriage is recognized only till biological man and biological woman is vague. Drawing cross-jurisdictional insights from countries like US and UK where homosexual marriage is recognized is no doubt a commendable step as it will help the Indian judiciary to refer to the logical underpinnings building a justificatory framework for granting legal recognition to same-sex marriage.

The apex judiciary is very much empowered to originate new laws through judicial interpretation, which contradicts the center’s view that Judiciary is not competent to discuss the issue. How long will this badgered community remain destitute of legal effects as far as their relationship and aspiration to make family is concerned?

The respondents have put forward a view that Indian rooted history only acknowledges heterosexual marriages and relationships. However, I completely yet politely disagree to this point as Indian cultural texts and history contains several instances of acknowledged homosexual relationships. The fluidity of gender, for humans and yakshas, is an acknowledged concept since ancient India. Queerness can be traced back to ancient epics and scriptures to medieval prose, poetry, art, and architecture. 

Kamasutra by Vatsyayana discusses oral sexual acts, termed Auparashtsika, homosexuality and sexual activities among transgender persons. A chapter Purushayita also mentions svairini, a self-willed and independent woman engaged in sexual activities with other women. The book also takes references of men who are attracted to the same gender. The text refers to these individuals as Tritiya-Prakriti or the third nature. Thirteenth-century Sun temple in Konark in Orissa, also exhibits similar metaphors. The Sun temple is devoted to the Hindu Sun god, with the exterior covered in sculptures depicting erotic scenes from the Kamasutra.

On the other hand, ancient Muslim History also contains similar instances. In his Memoir Baburnama, Babur the founder of Mughal empire enunciates his attraction towards a boy named Baburi in Kabul. Babur mentioned him in his memoir.  Certain Sufi poetries also exhibit homoerotic or same-sex references.

Further, various religious groups have opposed the petitions. They are only considering the fact that marriage is the basis of procreation and same-sex marriages, if legalized will dilute the concept of marriage. Such an outlook is completely unsubstantiated. My humble question- “isn’t polygamy in Islam diluting the sacred institution of marriage? Can the courts impose monogamy on the Muslim community in India? Isn’t Muta marriage demeaning the very sacrosanctity of marriage?”

There are thus, more suitable reasons which are proving detrimental to the sacred institution of marriage, which such opposition groups have completely overlooked. Also, there are several instances of child marriage throughout the country even after the enactment of the Child marriage prohibition Acts. Are those children physically and mentally capable enough to give birth? Thus, the very claim marriage is only for procreation doesn’t hold any significance. To put one more point, is society ready to accept unhealthy marriages in case any or both the spouse in a heterosexual couple turns out to be homosexual?

The law treats men and women based on biological differences and not on a subjective understanding of one’s sexual orientation. The idea of isolating heterosexuals and LGBTQ+ community and vindicating such segregation as non-discriminatory is a deliberate violation of human rights of the latter. Such a mindset goes against the notion of equality and is arbitrary.

Conclusion

The country recently celebrated 5 decades of the “basic structure doctrine” and the basic structure includes the doctrine of judicial review by application of Article 32 of the Constitution. The respondents along with the BCI resolution are undermining the doctrine. Our Parliament though competent to legislate on the matters of marriage and divorce by operation of Entry 5 of the concurrent list, it is in a manner backed by the Constitution as the law of the land which is in turn interpreted by the court. But the question is what’s the extent of the power of the judiciary then?

The journey is a long one and requires huge interpretations of Special Marriage Act as well as the personal laws to provide a place for same sex marriage. The counsel for the petitioners has argued that there should be an extension in the definition of “marriage” in the marriage laws of India. Further, other Acts like Payment of Gratuity, Income tax which has provisions relating to surviving spouse will also require sufficient interpretation and amendment (if any). There may not be any permanent solutions, but adequate efforts are indispensable.

Through this column, I have tried to put forward a basic analysis on why the issue needs immediate attention. Rest assured, we have complete faith in the apex court which will rightfully seek to protect equality and fundamental rights of all. Wrapping up, let’s keep hope the rights and freedoms of all are recognized irrespective of sexual orientation.

(Opinions are personal. only referred to Supreme Court judgements and texts of Indian history from various published and unpublished sources. Referred in general to the Indian Constitution. Any resemblance to other works will be purely coincidental)

Marital rape: A crime legitimized

pranatipathak
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Marital rape: A crime legitimized

According to the laws governing marriage under Hindus, it is defined as a union between a man and a woman in which they are bound by social and legal obligations towards one another. Marriage is a sacred institution according to the Hindu Marriage Act of 1955 while it is deemed a contract according to the Muslim Shariat Law.

According to the Indian Penal Code (IPC), rape is defined as sexual intercourse by a man with a woman which is performed without her consent (which includes consent taken through force, coercion, misrepresentation or fraud) and against her will. Section 375 of the IPC provides the definition of rape and the legal framework for punishing the culprits. The two exceptions provided in the section were:

“Exception 1- A medical procedure or intervention shall not constitute rape.
Exception 2- Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape“

While the first exception is coherent in nature, the second downright legalizes marital rape and reckons it as mere ‘sexual intercourse or sexual acts.’ The issue of marital rape is a sensitive one and the Indian Government has been and continues to be criticized for its decriminalization. As of May 2023, Marital rape is criminalized in roughly 130 countries around the world. The second exception to section 375 dates back to the commencement of IPC during British colonial rule.

It is established on the 1857 draft of Lord Macaulay where marital rape was decriminalized without any constraint based on the age of the woman. This provision was based on the idea that the conjugal rights of a man are superior and thus should be protected. The doctrine of Hale given by the chief justice of Britain in 1736 stated that a man cannot be held guilty for rape because “by their mutual matrimonial consent and contract the wife has given up herself in this kind to the husband.”

In the doctrine of coverture, it is pronounced that a woman loses her identity after marriage. While the United Nations has pushed countries to criminalize marital rape voicing that “the home is one of the most dangerous places for women,” many countries like Ghana, Indonesia, Singapore, Nigeria, etcetera, haven’t recognized it as a crime.

Why is it that the ‘sacred institution of marriage’ is held highly at the expense of the rights of a woman? In a country where Goddesses are worshipped and women are considered equivalent to them, the same consecrated women are debarred of their basic rights and freedoms. The hypocritical customs and outdated rituals have failed to venerate the will of the women.

In 2017, the Supreme Court of India heard a public interest litigation (PIL) appealing to criminalize marital rape. Still, the court refused to issue a judgement on the matter stating that it was a policy matter and therefore, should be addressed to the legislature. While there have been some judgements on marital rape in India, there is no clear legal admission of it as a criminal offence.

In the United States, “the nineteenth-century woman’s rights movement fought against a husband’s right to control marital intercourse in a campaign that was remarkably developed, prolific, and insistent, given nineteenth-century taboos against the public mention of sex or sexuality.”[17] Suffragists including Elizabeth Cady Stanton and Lucy Stone “singled out a woman’s right to control marital intercourse as the core component of equality.”

What is the mental condition of a woman who has to bear sexual violence from her perpetrator and continue to be of household service to him? She has no choice of her own, even if she divorces him on the grounds of domestic violence, the law cannot punish him on her behalf. The major psychological effects of marital rape on a woman may cause her to experience depression, anxiety and Post-traumatic Stress Disorder (PTSD) while other symptoms include headaches, insomnia, panic attacks, digestive issues, hypervigilance, intrusive thoughts and rumination.

“Rape is about dominance and power over someone,” Charna Cassell, a sex and trauma therapist in California, says. “While seemingly sexual in nature, it’s not about sex, even inside a relationship or a marriage. Rather, it’s about a partner believing they have the right to sex.”

The Constitution of India under Part 2, i.e., the Fundamental rights such as the right to life and personal liberty, the right to equality before the law, and the right to dignity, are meant to protect individuals from any form of violence or discrimination, including sexual violence within marriage.

“In Sree Kumar vs. Pearly Karun, the Kerala High Court watched that the offence under Section 376A, IPC won’t be pulled in as the spouse is not living independently from her husband under a declaration of partition or under any custom or use, regardless of the possibility that she is liable to sex by her better half without wanting to and without her assent. In this situation, the spouse was subjected to sex without her will by her husband when she went to live respectively with her husband for 2 days as a result of a settlement of separation procedures which was going ahead between the two parties. Subsequently, the spouse was held not liable for raping his wife however he had done as such.”

My question is when will this attitude of treating women as inferior to men change and evolve? For how long can we uphold the principles of patriarchy and continue to suppress a woman mentally, physically and sexually? Marriage does not provide the man with a license to rape his wife and certainly does not establish him as the oppressor and the woman as a submissive, weak and docile creature. It’s high time that the laws must be amended to work for equality, to work for justice and to give women the right they deserve. It is necessary that marital rape should be criminalized so as to protect people from sexual violence and coercion.

Game of numbers: 2020 USA

aantarab
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Game of numbers: 2020 USA

According to millions of Americans, President Donald Trump was right when he said that the 2020 presidential elections in the US had been rigged. We evaluate the most prominent statistical claims made by Trump and his allies as proof of election tampering, such as claims that Dominion voting machines switched votes from Trump to Biden, erroneously towering numbers in the Democratic buildup, and the allegedly puzzling failure of Biden to win “bellwether counties.”

In order to evaluate these assertions, we combine statistical analysis with original data analysis. The uprightness seen in the 2020 voting and more general issues surrounding election security and administration are topics that we hope our analysis will help advance in public discourse. Donald Trump refused to accept the results of the US presidential election in 2020, claiming unprecedented and widespread voting fraud. In an effort to shed uncertainty on the result, Trump’s supporters used a number of statistical reasons.

We review the most notable statistical assertions and come to the conclusion that none of them are even close to being true. The general reasoning behind these assertions is that certain elements of the pragmatic 2020 voting outcome would be improbable or impossible if the election had been fairly conducted. In every instance, we discover that the allegedly abnormal fact is either false or not abnormal.

In public declarations and legal actions after the 2020 US elections, President Donald Trump and several Republicans contested Biden’s victory. Even if election administration may have been faulty, the 2020 election was notable in several aspects (such as the relatively high turnout and mail-in voting rates). However, these statistical analyses show little evidence to back Donald Trump’s assertion that the election was rigged.

Trump advocates argued on the basis of a statistical analysis that there was a “one-in-a-quadrillion” chance that Joe Biden legitimately won the election. This claim comes from an expert report submitted as part of Texas Attorney General Ken Paxton’s lawsuit against the Commonwealth of Pennsylvania. In that report (12), Paxton claims that the expert, Charles Cicchetti, calculated a one-in-a-quadrillion chance of Biden winning; Cicchetti concludes his report by arguing that “In my opinion, the outcome of Biden winning… is so statistically improbable that it is not possible to dismiss fraud and biassed changes in the ways ballots were processed, validated, and tabulated.”

Cicchetti’s claim that Biden’s victory was “statistically improbable” is based on a gravely erroneous use of unacceptable premise-implication testing. The likelihood that Biden will win is never calculated by Cicchetti. Instead, he investigates the null hypothesis that the projected vote totals in specific states for Joe Biden in 2020 and for Hillary Clinton in 2016 were equal.

However, if the goal is to determine if Biden won honestly, then it is irrelevant if it was Biden or if Clinton also had the same level of projected support. It is illogical to assume that any variation in support among candidates is proof of election fraud because there are a variety of reasons why support can fluctuate between candidates.

Specifically, Cicchetti tests the hypothesis that the anticipated number of Democratic votes (for example, in Arizona) was the same for Joe Biden in 2020 as it was for Hillary Clinton in 2016. He does this by treating the figure of the Democratic election count as more than one specific algebraic expression circulated as a random variable.

In our opinion, the most notable statistical allegations of election fraud in 2020 have been thoroughly studied. Despite the variety of assertions, our conclusion holds true for each one: Whatever is claimed to be aberrant information concerning the vote consequence is not considered to be the truth or is not abnormal. If the alleged fact could be verified, it would hardly always be sufficient to prove that Joe Biden had been chosen illegally.

For instance, a little advantage for Biden in counties utilising Dominion machines could be attributed to chance, to variables not taken into consideration in statistical models, or even to pro-Trump fraud carried out by means of extra selection machines. In fact, when correctly measured or presented in the proper context, the apparently abnormal qualities we evaluate look normal.

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