Tag: Law and Order in India

No negotiations with abductors

Abductors, hijackers, kidnappers, pirates and terrorists are criminals. Governments should not negotiate with criminals.

Maoists in Kandhamal have abducted two Italians, Paulo Boscusco and Claudio Colangelo. It is too bad that Orissa CM Naveen Patnaik has said Orissa government is open to any kind of negotiation with the abductors.

Naveen Patnaik should say “The abductors must release the hostages immediately and unconditionally. We will not negotiate with criminals. Any negotiation in the past was a mistake. We will not repeat our mistakes. I withdraw the offer any kind of negotiation. It is the duty of the state government to uphold law and order. Within one hour we must hear from the two Italians that they are free. Otherwise we will launch an operation to rescue hostages and catch abductors dead or alive. We will fight criminals. We will fight day in and day out. We will fight in season and out of season. We will fight during summer, monsoon, winter, autumn and spring. We will fight day and night. We will fight during light and darkness. We will fight from dawn to dusk and dusk to dawn. We will fight when the sun rises and the sun goes down. We will fight when the moon rises and the moon goes down. We will fight when there are stars in the sky and when there are no stars in the sky. We will fight unceasingly. Neither shall we be tired, nor shall we be weary. We will catch the criminals wherever they are. The criminals may run but they will not escape. We will smoke them out of their hiding places.”

Forgery is not a joke

Bombay High Court Justice A. V. Nirgude dismissing a case of forgery and cheating saying police officers have lost their sense of humour could have been dismissed as a bad joke but is not a laughing matter and has serious implications and grave consequences. Versova police had registered a case on 1/3/2012 against Sanjay Gupta, Balaji Motion Pictures and glamsham.com for forging the summons from Police Commissioner’s office to promote the film Shootout at Lokhandawala. The forged summons had the subject, “Briefing on the current crime scenario in Bombay.” It had stated “This is to inform you that the Commissioner of Police requests your presence on the 29th of February at 3.15 pm on stage No 2 of Mehboob Studio to address the sudden and dangerous rise of organised crime in the city.” When the journalists landed at the place they realized it was an invitation for press conference. The journalists were not amused. The police were not amused. The sessions court rejected Sanjay Gupta’s anticipatory bail plea. Sanjay Gupta had moved the High Court. A. V. Nirgude heard the case.

Sanjay Gupta’s contention that there was a disclaimer at the back of the invitation card was not a proper defence. If at all there was a disclaimer it should have been on the same page and not at the back.

“This is an innovative invitation. That’s it.” “The police officers who registered the offence have lost their sense of humour.” “And what happened to the sense of humour of the sessions judge?” These are some of the things the judge said or wrote. Use of national emblem on invitation card was too much even for the judge but he accepted the contention that it was done on an impulse.

Whether the police could not prove wrongful gain or loss on the part of producers of movie is a matter of interpretation. There was wrongful gain for producers by way of publicity for the film. There was wrongful loss for journalists as it was loss of time, money and labour.

Producers do many things for publicity. Once a headline appeared; Manisha Koirala murdered, Criminal at large. It was publicity for the film Criminal.

April 1 is All Fool’s Day. Fooling is tolerated on that day. Sometimes newspapers and magazines come up with reports that shock people.

This judgment can be used by criminals to justify their actions. All who commit forgery or cheating when caught can claim their targets or victims do not have the sense of humour. Those who forge bank drafts, cheques, pay orders, letterheads of President or Vice President of India or Governors or ministers, court summons or orders or judgments etc. can claim they were joking and get away with it. Many people have used forged court orders to get prisoners released. There are criminals who impersonate CBI or police officers and cheat people. Many years back one claimed to be a CBI officer, carried out a raid on jewellers and disappeared with jewellery. Bandits have used police uniform. Terrorists have used army or police uniform.

Bombay Police should appeal against the judgment.

Consenting adults and law

There are people who say what consenting adults do in private should not be covered by law. This is mainly in reference to Section 377 of IPC which is under litigation in Supreme Court.

By that logic prostitution, sale and purchase of narcotics and psychotropic substances and illicit liquor, corruption, polygamy, transmission of pornographic material and many others matters that take place between consulting adults will be out of the scope of law. Drug traffickers can claim they have right to life and liberty to sell heroin, marijuana and such things to consenting adults in private and they have right to equality. The state will have no right to legislate on marriage, divorce, alimony and child custody. Also concubinage, live-in relationship and palimony will be out of the legal purview.

What happens if a man who is married does not reveal his marital status and marries another woman? What happens if a woman has sex with a man because he promises her something and later he does not keep his promise?

What about doctors and parents who after sex determination test terminate the pregnancy of a foetus knowing it is female? India’s sex ratio is going down. Medical termination of pregnancy is not a crime. Female foeticide is a crime.

Some blame Thomas Macaulay for everything what they claim is wrong with India including Section 377 of IPC. Thomas Macaulay came to India in 1834 and left India in 1838. IPC was promulgated in 1860.

Some give examples of Khajuraho and Ajanta-Ellora as examples of Indian culture and civilization. It is like saying Jarawa women who do not cover their breasts as representative of all Indian women. Khajuraho and Ajanta-Ellora are exceptions. If what they show is a sample of what is Indian then all temples would have shown them.

A vociferous minority supported by sections of media attacks people who stand for heterosexuality. Those who speak of freedom of speech criticize Ghulam Nabi Azad and Baba Ramdev when they exercise their freedom of speech.

Some wrongly speak of gays and lesbians being married and having children. They are bisexuals. There is nothing hereditary being gay. If someone is gay he would not have had children.

It is not for judges to declare what should be the law. Their job is to deliver judgment as per law. Judges who cross their limits do lot of damage.

It is wrong to call gays and lesbians a minority. Minorities are either ethnic, or religious or linguistic. All types of criminals can claim they are a minority. Terrorists can claim they are a minority doing a noble job but misunderstood by the majority. Bandits can claim they are a minority.

If Supreme Court judges do not know what is sex according to order of nature it is penile vaginal intercourse. Terms like unnatural sex have definite meanings acquired over the years. It is not for judges to change the meanings. It is for legislatures to change the law.

The government of India wants to run with the hare and hunt with the hound. On 23/2/2012 Additional Solicitor General P. P. Malhotra told the Supreme Court Bench comprising Justices G. S. Singhvi and J. S. Mukhyopadhyay “The issue whether to retain or not to retain Section 377 IPC was considered by the Law Commission of India in its 42nd report and it observed that Indian society by and large disapproves of homosexuality and disapproval was strong enough to justify it being treated as a criminal offence even when adults indulge in it in private.” About privacy he said “Whose privacy is being disturbed? Nobody’s privacy is being disturbed. Privacy is not an absolute right and is always subject to restriction. It is an offence.” Then home ministry came out with a press release that the government is neutral on the issue. It had asked Attorney General to assist the Supreme Court. May be if Shahi Imam or head of Darul Uloom wants to retain Section 377 as it is the government will take a stand in favour of retention.