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Justice Shah: Is this what the value of human life’s coming to?

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Justice Shah delivers the MN Roy Memorial Lecture, courtesy YouTube

[vc_row][vc_column][vc_column_text]In his lecture on nationalism, he was critical of the apex court’s judgements and upheld freedom of speech

By Sucheta Dasgupta

Former Delhi High Court chief justice Ajit Prakash Shah has provided a whole lot of constructive criticism for the Indian judiciary. Speaking at the MN Roy Memorial Lecture last week, Justice Shah (retired) looked critically into two Supreme Court judgments, one Supreme Court decision, one High Court order, a law and the demand for one made by a leading public figure.

Justice Shah criticized the Supreme Court’s decision to uphold the constitutionality of criminal defamation in Subramaniam Swamy vs UOI case in May 2016. Congress vice-president Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal and BJP leader Subramanian Swamy had challenged the constitutional validity of sections 499 and 500 of the Indian Penal Code, providing for criminal defamation. “Right to free speech is not absolute. It does not mean freedom to hurt another’s reputation which is protected under Article 21 of the Constitution,” the Supreme Court had ruled.

Known for his bold judgements, especially the one which decriminalised homosexuality in 2009, the ex-judge, who retired in 2010, also slammed the top court’s November 2016 order directing all cinema halls across India to play the national anthem before the start of a film, and requiring the audience to stand up as a “show of respect”.  “The order of the Court, which seems a little short on reasoning to help understand how such an interim order was passed, befuddles and seems contrary to the spirit of the Constitution and past precedent, Bijoe Emanuel [in this historic 1986 case, a family of Jehovah’s Witnesses won the permission not to sing the national anthem in school, arguing that the act violated their right to worship] which made it clear that we cannot be forced to sing the anthem. It is important to remember that the right to free speech and expression also includes the right not to speak or express ourselves,” Justice Shah explained. “However, under the guise of ‘law’, the Court has now stepped in and restricted our fundamental rights,” he said, adding: “The order may have ensured that cinema audiences throughout are now standing before the national anthem plays, but what the Court fails to have realised is that such an action is a performance, motivated by fear of being beaten up, rather than genuine respect and love for the anthem. In the end, it has actually undermined patriotism amongst fellow Indians”.

Next in his line of fire was the apex court’s decision in March to examine Azam Khan’s statement (that the Bulandhshahr gang-rape, of a woman and a minor, was an “opposition conspiracy”) in the light of the question that it itself raised— whether or not the right to free speech under Article 19(1)(a) is to be controlled singularly by the language under Article 19(2) or it is also impacted by the right to life and personal liberty under Article 21 of the Constitution. Outrageous as Khan’s comment is, for which he later apologised—and the Supreme Court rejected his apology—Justice Shah rightly pointed out that the answer to the aforesaid question may “have a profound impact in restricting the scope of Article 19(1)(a) and undermine our constitutionally guaranteed [fundamental] right”. Besides, he argued, how can one fundamental right be conditional to another one? After all, the remedy of all crises arising out of free speech is more free speech, and everyone is entitled to their opinion, however worthless or malformed those may be.

But, even the Bombay High Court has on occasion failed to protect the right to free speech, Justice Shah said. “Recently [February], it constituted a three-member committee (comprising two lawyers) to give a report on the scenes in the movie Jolly LLB-2 it found ‘objectionable’, because it was prima facie of the view that certain scenes—those involving a cowering judge and some dialogue between the lawyers—were in contempt of the judiciary and the legal profession. Mind you, this was a movie where the CBFC, i.e. the Censor Board, has given the requisite certification for its release. It was also a case where the High Court entertained the writ petition (later converted to a PIL) based only on two trailers and some photographs. The Bombay High Court’s order [directing deletion of four scenes from the film], the report of the three-member ‘committee’, and the proximity of the release date, essentially forced the producers and director of the movie to ‘compromise’ and undertake to make the requisite modifications and deletions to the objectionable scenes,” he maintained.

Justice Shah made a cogent argument for repeal of Section 124-A of the Indian Penal Code, infamous as the sedition law. He reminded his audience of the history of the law, introduced by the British to crush dissent by our freedom fighters. He drew his listeners’ attention to the fact that the United Kingdom, from which India inherited it, has abolished it in 2009. Citing the Supreme Court’s judgement in the 1962 Kedarnath Singh vs State of Bihar case, wherein it limited the application of the law to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”, he said it had been inappropriate to view the JNU sloganeering incident in the same light. Nevertheless, he said, the broad scope of the law “allows it to be used by the state to go after those who challenge its power—whether it is the JNU students, activists such as Hardik Patel and Binayak Sen, authors such as Arundhati Roy, cartoonists such as Aseem Trivedi, or the villagers of Idinthakarai in Tamil Nadu protesting against the Kudankulam nuclear power plant”. Sedition charges seldom stick, but the harassment they cause is immense, he said, completing his argument.

Finally, Justice Shah called for a unanimous rejection by citizens of RSS chief Mohan Bhagwat’s demand for a national law against cow slaughter. “Preventing people from eating the food they want and effectively forcing a life choice on them undermines any feelings of nationalism and unity… We must be wary of forcing a single ideology or way of living on the entire country, especially a country as diverse as India, where states such as Kerala or the various states in the northeast consider beef a staple part of their diet. One reads multiple reports about slaughterhouse crackdowns in UP, crackdowns that are primarily targeted at Muslim butchers, leaving lakhs of people with fear, but without stable employment. We also recently had the horrific incident in Una where seven Dalits were beaten by cow-vigilantes for alleged cow slaughter. And how can we forget the lynching of Akhlaq, who was suspected for allegedly storing and consuming beef, but where the first thing that was sent for forensic examination was not his body, but the food that is in the fridge. Is this what the value of human life comes to?” Justice Shah said, reminding his audience that “only free souls can create abiding cultural values; they may physically belong to one particular class or geographically to a particular country; spiritually, they transcend all social and territorial limitations”.[/vc_column_text][/vc_column][/vc_row]

India News

Tamil Nadu potboiler: Now, Sasikala to launch new party ahead of election

Sasikala has announced the launch of a new political party ahead of the Tamil Nadu Assembly elections, positioning herself against AIADMK chief Edappadi K Palaniswami.

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In a significant political development ahead of the Tamil Nadu Assembly elections, expelled AIADMK leader V. K. Sasikala has announced that she will float a new political party and contest the polls by fielding her own candidates.

Speaking in Madurai before heading to Pasumpon for a public event, Sasikala said she would unveil her party’s flag later in the evening. She indicated that more details regarding the party’s structure and plans would be shared at the gathering.

The event venue carries political symbolism. Pasumpon is the birthplace of Thevar leader Muthuramalinga Thevar, and Sasikala herself belongs to the influential Thevar community in southern Tamil Nadu. The programme was held as part of birth anniversary events of former Chief Minister J. Jayalalithaa.

Direct challenge to EPS

Sasikala’s move is being viewed as a direct political challenge to AIADMK general secretary Edappadi K. Palaniswami (EPS). After Jayalalithaa’s death in 2016, Sasikala briefly took control of the party and had appointed Palaniswami as Chief Minister. However, following her conviction in the disproportionate assets case, she served a four-year prison term, and during that period, she was expelled from the party.

Palaniswami later aligned with O. Panneerselvam, whom Sasikala had earlier removed from the Chief Minister’s post. The two leaders subsequently adopted a dual leadership arrangement within the party and government.

Sasikala remains disqualified from contesting elections until 2027 due to her conviction. Nevertheless, she has stated that she intends to field candidates under her new party banner.

Fragmented Thevar vote base

Over the years, expulsions within the AIADMK — including Sasikala, her nephew TTV Dhinakaran and O Panneerselvam — have led to divisions within the Thevar support base. Political observers have linked this fragmentation to the party’s weakened electoral performance in the elections following Jayalalithaa’s passing.

While Dhinakaran has returned to the NDA fold, reports suggest Palaniswami is opposed to any arrangement that includes Sasikala or Panneerselvam. OPS, meanwhile, has exited the NDA.

Sasikala has repeatedly criticised Palaniswami, describing him as a betrayer, while he maintains that his leadership stems from the support of AIADMK legislators rather than her backing.

The AIADMK has not issued an official statement on Sasikala’s announcement. However, a senior party leader questioned her political standing, pointing out her disqualification from contesting elections and referring to legal issues linked to Jayalalithaa’s death.

With the Assembly polls approaching, Sasikala’s re-entry into active politics could further complicate the opposition space in Tamil Nadu and influence electoral calculations, particularly in the southern districts.

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As stealth reshapes air combat, India weighs induction of Sukhoi Su-57 jets

India is assessing the possible induction of up to 40 Sukhoi Su-57 fifth-generation fighter jets as stealth becomes central to future air combat strategy.

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Sukhoi Su-57 jets

Aerial warfare is increasingly being defined by the ability to remain undetected rather than by traditional dogfighting skills, and India is now assessing options to strengthen its capabilities in this new paradigm. Defence circles are abuzz with indications that the Indian Air Force may consider procuring up to 40 Russian fifth-generation Su-57 fighter jets, according to sources.

The possible move comes less than a year after Operation Sindoor, which was launched in May last year following the Pahalgam terror attack. The air engagements with the Pakistan Air Force during the operation are understood to have provided fresh operational insights, prompting discussions on future preparedness.

Why stealth is central to fifth-generation fighters

Fifth-generation fighter aircraft are designed with a strong emphasis on low observability. Platforms such as the Su-57 incorporate airframes shaped to reduce radar signatures and use radar-absorbent materials to make detection more difficult across radar, infrared and visible spectrums.

These aircraft typically integrate advanced avionics, sensor fusion and supercruise capabilities. They are also configured to carry specialised weapons internally, enhancing stealth during combat missions.

According to information available on Sukhoi’s official platform, the Su-57 is equipped with a deeply integrated avionics suite that offers a high level of automation and intelligent crew support. Its onboard systems enable it to operate autonomously and exchange data in real time with ground control systems or as part of a coordinated task force.

The aircraft can deploy a broad range of air-to-air and air-to-surface munitions, allowing it to undertake both fighter and strike roles. Sukhoi states that the jet is capable of conducting covert missions owing to reduced visibility across multiple wavelength ranges.

The Su-57 is also fitted with an auxiliary power unit designed to improve deployment autonomy and lower fuel consumption during ground operations. An onboard oxygen extraction unit enhances operational endurance. Additionally, the aircraft features an explosion-proof fuel tank system described as a generator-type neutral gas system, aimed at improving combat survivability.

Regional security context

The reported deliberations come amid evolving regional dynamics. China, regarded as Pakistan’s close strategic partner, has developed the J-20 fifth-generation stealth fighter, and there are indications that such capabilities could eventually be shared with Pakistan.

India is also pursuing its own fifth-generation programme, the Advanced Medium Combat Aircraft (AMCA). The first flight of the AMCA is expected around 2028 or 2029, with induction into the Air Force projected around 2035.

In this backdrop, any decision on the Su-57 would form part of a broader effort to ensure that the Indian Air Force remains prepared for future aerial warfare scenarios where stealth and advanced sensing capabilities play a decisive role.

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RSS chief backs nationwide rollout of Uniform Civil Code, cites Uttarakhand model

RSS chief Mohan Bhagwat has supported nationwide implementation of the Uniform Civil Code, urging adoption of the Uttarakhand model.

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Mohan Bhagwat

Rashtriya Swayamsevak Sangh chief Mohan Bhagwat has expressed support for implementing the Uniform Civil Code (UCC) across the country, stating that it would be a “very good thing” if adopted nationwide. He suggested that the framework introduced in Uttarakhand could serve as a model for other states.

Speaking at a former servicemen’s dialogue seminar organised to mark the RSS’s 100th anniversary, Bhagwat said the UCC should be implemented in a manner similar to the approach followed by Uttarakhand. The hill state became the first in the country to enforce the Uniform Civil Code on January 27 last year.

Highlighting the process adopted in Uttarakhand, Bhagwat noted that after a draft proposal was prepared, it was opened for public discussion. According to him, suggestions from nearly three lakh people were received, and these inputs were examined and incorporated.

Describing the UCC as essential for societal unity, the RSS chief said such a legal framework would strengthen social cohesion.

When asked about the ongoing issue concerning the University Grants Commission, Bhagwat declined to comment, stating that the matter is currently under consideration by the Supreme Court of India.

Addressing retired personnel from the armed forces and paramilitary services at the event, Bhagwat underlined the continuing importance of defence forces, even in an independent nation, to safeguard sovereignty.

He also reflected on the journey of the RSS, saying the organisation was established without external resources and continued to grow despite facing severe sanctions on two occasions. He attributed its progress to the confidence and support of society.

Encouraging participation, Bhagwat invited former servicemen to attend Sangh camps and programmes to observe the work of volunteers and contribute to service activities based on their interests and abilities.

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