Desicritics Opinion

Judgement on IPC Section 377: Counterpoints

Chandra — Sat, 4 Jul 2009 00:25:37 EDT

Liberals and Gay activists are jumping with joy, both in these pages and across the media. To the point that it is getting tremendously irritating and hence this article.

Firstly, it appears that nobody has done any research on Section 377. Nowhere does it talk about Homosexual or lesbian contact. It only talks about unnatural offences. No cases have been brought about in the courts since the last 20 years on consensual gay sex (Please correct me). Even before this judgement it was impossible to win a conviction on consensual gay sex. Secondly, the section itself does not clarify what unnatural sex is. In other words, the law itself was extremely vague and the only place it was used was in cases of non consensual sex (Minors and Animals).

So what is the hullabaloo about? Well, apparently it is about police harassment. I am sorry but police harassment has nothing to do with their knowledge of Section 377. Our police find multiple sections to harass ordinary people and the interpretation of 377 will not end that. Typically cruisers get into trouble with the police while waiting in Parks and similar public areas. But this can happen to heterosexual couples or prostitutes as well. Therefore, the judgement of the court is unlikely to have any impact in terms of the practical implementation of the law. Homosexuals and Heterosexuals alike will get harassed by Police should they find themselves in difficult positions in Public locations.

The second problem is with organisations like NACO and other NGOs who claim that HIV detection and treatment is being impacted by this law. Unfortunately there is little in terms of data that can prove this one way or the other. For example, high risk groups have typically been lower socio-economic groups like truck drivers, migrant labour etc. It is difficult to imagine this group knowing any sections, let alone Section 377. The most interesting data will be to observe change in reported cases of HIV (due to homosexual contact) now that this section does not apply for gay sex. It is highly unlikely that there will be a significant change in numbers.

Therefore, the big question is why then have NGOs pushed for a correct interpretation of the law? This is because they wish to push change down everybody's throats. They want to force the rest of society to start 'accepting' them as normal and to start having debates in our living rooms. The reality is that change can only happen with better education and understanding and not through change in law. For that to happen, these groups should have spent greater time in engaging with society in general rather than ramming it in.

My view is that it is ridiculous to be treating homosexuals as criminals or weird people to laught at. I agree that our society in many ways is quite primitive and does not treat this group of people (and many others by the way)properly. I also agree that section 377 must not apply to this group of people. However, I do not agree that the repeal of this law should be the first step in engaging in a conversation. It took me 3-4 years to learn and empathise with this group and I am sure others would start accepting too with a little education.

Revisiting the Pakistani Grand Narrative

Zia Ahmad — Fri, 3 Jul 2009 08:30:28 EDT

“Simplifying to the extreme, I define postmodern as incredulity towards metanarratives.” (Jean-François Lyotard)

Most of the cultures around the world have an innate tendency to view themselves at the center of the universe. As with individuals this may be owing to the inability for some to live outside one’s head. The centrist view is enforced by following a given set of codes and traditions that reaffirms the uniqueness and superiority of the given clan, tribe, culture or civilization over others. This view is further informed by a given sense of history that adds significant gravity to the culture’s place in this world – and in some cases even in the one after. This sense of history is communicated, over generations, through an esoteric mix of myths, historical retellings, sacrosanct parchments and possibly just about all that goes into making stories and fables.

In the second half of the twentieth century, certain scholars who helped to flesh out the post modern perspective culturally, the communication of history was seen as a story told on a larger scale for the benefit of a crowd significantly larger than your average theatre going audience. This sort of storytelling was appropriately called Metanarrative or a Grand narrative.

Meta/Grand narratives are said to simplify and condense historical experiences and knowledge under one convenient umbrella which may be attached to a singular ideology. In constructing a grand narrative, a highly objective position is assumed through which a conversely subjective and biased overall knowledge is communicated to the respective followers of the ideology. A number of factors are discounted while designing a grand narrative. The inherent randomness found in the natural fabric of the universe, of existence is grossly overlooked.

Furthermore grand narratives are laid down and maintained by political structures that seek to sub-ordinate physical and natural laws to any given ideology. The history of things is chiseled accordingly. Concepts and opinions are presented as facts. The sheer diversity of the human experience is discarded in favor of one monolithic ideology.

A more obvious criticism of grand narratives can be leveled on the account of the impossibility of one singular doctrine to be embraced by a multitude of people (ideally the entire species) coming from radically divergent and varied backgrounds.

This “incredulity” or disbelief towards grand narrative was articulated by Jean-François Lyotard in his seminal document The Postmodern Condition: A Report on Knowledge (1979). He viewed the construction, existence and influence of grand narratives as limiting and reductive, the critique of which is definitive of the post modern discourse.

One of the chief tasks any grand narrative seeks to undertake is the defining and laying out “the truth.”

In a post modern discourse the validity of a singular generalizing truth is often contested. The idea of one ideology or theory to hold the ground for the entire species can be seen as both a naïve and simplified account of history or a manipulative attempt to keep the political structures empowered. Organized religion, established folklore, national histories, social experiments and myth of progress via science all fall under the auspices of grand narratives.

As in any other story, popular grand narratives have their share of heroes and villains engaged in a series of dramatic conflicts. The snake introduces temptation to Adam in the Garden of Eden, Moosa contends with the Pharaoh and parts a sea, Darwin battles religious dogma and the proletariats take it out on the street against the big, fat bourgeois. Indeed ideological themed histories are structured with mass appeal marketability in mind.

The Pakistani grand narrative, coupled with the grand Sunni narrative, is studiously inculcated into our collective psyche and stipulates Pakistan firmly placed at the center of the world serving as the fortress of Islam. It is further invoked that Pakistan translates into the first pillar of Islam – “Pakistan ka mutlab kya? lā ‘ilāha ‘illallāh”. The government sanctioned narrative of our country lavishes extravagant amount of importance on national unity, discipline and faith that are inscribed in paper but not in practice. The same narrative makes broad rudimentary lingual and ethnic divisions scattered over four provinces that have been supremely ineffectual. “Char suboon ki Pehchaan - Pakistan Pakistan” has served as a jingoistic call for some time now that criminally sidelines other prominent ethnicities and conveniently forgets the pre 1971 categorization of administrative units.

The national narrative is fused with a prescribed religious bent that, just like any other major grand ideology, insists on its own universality and absoluteness. To question the ideology amounts to heresy and is discouraged from an early stage. Brandishing dissenters in the Christian tradition has long been abandoned and to this day we are only too eager to label the fellow Muslim as kafir on the slightest pretext. In addition, echoing the propagation of the four province projection, other variants of Islam are marginalized and even ignored, as are the non-Muslim religious ilk, in building a monolithic religious identity of Pakistan that empowers a crude majority and alienate others.

The reductive critique leveled against grand narratives manifests itself in Islamic quiz shows so often played in Ramazan where the history of the world is marked as 8000 years old! A romantic history is weaved under the narrative that turns the existence of Pakistan complacent. Since the country was liberated on the 27th night of Ramazan it has Allah Almighty’s special eye on it and, rest assured, no harm shall come to our Pakistan. So we have been told over and over again for every calamity that is blamed on “foreign hands”. Our abidance to the Pakistani grand narrative absolves us of any wrongdoing and actively discourages self-evaluation.

In this light. our imposing and limiting national narrative has been less than successful in representing Pakistan in its entire complex, layered and multifaceted splendor. It has done no service to the country or its people. Having clearly outstayed its welcome time is high to argue for the existence of a, as Lyotard called it, “multiplicity of theoretical standpoints” that are divergent localized narratives that are contingent to the relevant culture’s history and environment.

Whatever way, the postmodern critique of grand, all-encompassing narratives, deserves to be applied to the Pakistani model. The need for a pluralistic Pakistan is paramount more than ever, before and whatever mix of myth and wish-fulfillment that worked in previous times has to be debunked. It has to be understood by Pakistanis that the beliefs held true and pure by us don’t hold the same for the rest of the world. To conduct a field test, next time you come across a non-Pakistani Muslim ask him if he agrees Pakistan is the fortress of Islam. Even better try asking him Pakistan ka mutlab kya?

The Government Should Scrap the NREGS

Chandra — Thu, 2 Jul 2009 20:09:20 EDT

The Congress is on an upswing with what many classify as a decisive election victory. Naturally, this has led to much analysis on what the congress did to move its seat share from 140+ to 200+. One predominant belief is that the congress won on the back of its pro-poor policies - NREGS (National Rural Employee Guarantee Scheme) and the waiver of farm loans. However, my analysis of NREGs indicates that this is not an accurate hypothesis

In fact I pulled out some interesting trends from two states:

In Bihar, out of 23 districts that were covered since launch, the Congress won just two seats. In fact, sitting MP Shakeel Ahmed lost his Madhubani Seat.

In AP, where the Congress swept the elections, out of the 13 districts covered, they lost in 6 out of 13 seats.

The absence of a linkage between the implementation of the program and voting behaviour is not a huge suprise. Here are some reasons

a. There is enough research to show that the program is highly ineffective. Amongst those who have benefitted from the program only 50% expressed satisfaction with it
b. The program has not necessarily reached people who need it the most. This is due to a whole host of factors including caste, political orientation etc
c. Project identification, approval and implementation is a local activity and while this is good for empowerment, it has been observed that on every aspect from Identification to Implementation most projects have been failures . This is due to poor leadership, project management and implementation skills available at the panchayat and district level
d. Lastly but not the least, the lack of proper naming (Rajiv Yojana etc) means that voters donot associate the program with the Congress Govt.

During the last 2-3 years the Government has undertaken numerous steps to plug many of these holes including making it mandatory to open bank accounts. However, a large number of problems relating to project identification and implementation remain. While none of these problems are insurmountable one knows from past history that we will always find ways to circumvent checks and balances.
In light of this, the bigger questions are

a. What is the impact of NREGS on rural metrics including nourishment, health care, education etc?

b. If indeed the Government is confident of surmounting some of the problems that have been laid out, why shouldn't they be spending a similar effort on ensuring better delivery on Education, Healthcare, law enforcement, Water etc all of which are in shambles?

c. Is it wise to run such an expensive program while running a huge deficit ?

Going back to the election analysis, the congress gained most of its seats in urban areas and due to a combination of poor Governance by local Governments and a shift in minority vote in its favour. Therefore, probably the biggest learning from this election is probably to ensure proper governance to all voters rather than running expensive programs targetted at a few.

The Government jettisoned the communists late last year, they should do the same to the NREGS this year.

Nawab and I: Intercourse, Pa.

temporal — Thu, 2 Jul 2009 19:59:24 EDT

With towns named Bird in Hand, Paradise, and Intercourse, Lancaster County in Pennsylvania has acquired added attraction for tourism. What attracts people is not the name but the Pennsylvania Dutch. They are descendants of German Amish and Mennonite immigrants here. If you have seen Harrison Ford's Witness (1985) you would have a pretty good idea of how the Amish live.

It is off Route 30 [map link] and just celebrated its 255th Anniversary.

t: We don't have to be in DC till dinner time.
N: Why, you don't want to drop in on Potus?
t: He won't have the time of day for us.
N: You have become critical of him lately.
t: I tell like it is. It is his actions not mine.
N: CJ thinks you never really liked him.
t: I would have preferred a dog over W.
N: Don't insult dogs. Woof woof.
t: Sorry, I meant no insult to dogs. (Damn, should be careful with N too when choosing words.)
N: Fragile egos.
t: We used to call Ulloo stupid, but Owl is wise here.
N: You could continue on 30 then take 15 to 270 later.
t: You don't like Ms. Garmin do you?
N: I know more.
t: Modesty is a human trait, think we agreed on that.
N: So what will you do at Intercourse?
t: Don't know, never been at Intercourse, only....
N: Don't go there, minors may be reading this.

t: Name the three things famous around here.
N: Beer, pretzels and chocolate. Two are out for you.
t: Yes am driving. But why do dogs don't drink?
N: And what about your mullahs?
t: That is a personal choice. But have heard some do.
N: Amish, Mennonite, Hasidim, Mullahs...different feathers.
t: You are so intolerant for a wise one.
N: Stating the obvious is not being intolerant.
t: They pursue their beliefs peacefully.
N: hmmmmmm
t: [Each time Nawab is made to think is a small victory for me.)
N: Condoms!
t: HaiN, yeh condoms kahaaN se tapak paRa?
N: None of the four have use for condoms.
t: hmmmmmm... well it is their belief. Non interference in nature.
N: You do know they are not Dutch?
t: No?
N: Germans, originally.
t: There I learned another thing from you Nawab.
N: You are a miserable liar.
t: Tell me something new. Is Barak in town? Can I bump into him ordering a burger?
N: CJ and AJ have plans for barbecue dinner.
t: They do? Guess can plan bumping into Barak another time.

Delhi - Love Under The Rainbow

Deepti Lamba — Thu, 2 Jul 2009 11:19:05 EDT

Behind the happy homosexual smiles there generally are lost humans who have risen like a phoenix in the midst of pain and wretched soul searching. The gays who stepped out of the closet and took on great risks like rejection from their own blood and death at the hands of a brutal world.

In urban India where we are always looking over our shoulder, society self destructs. Whether it be protest against caste, religious restrictions, education, or choice of sexuality, these are the boundaries that if broken incur socio-familial wrath. Yet people rebel against the supposed morals, traditions and values that have led to discord, disharmony and many a times suicide by those unable to grapple the trauma caused by outdated conservatism.

Those who stick on to archaic patriarchal practices are also inevitably homophobic in their outlook. The fact is now our fundamentalists have finally found a common cause to be united against - to beat up the faggot and the butch!! And as usual they make homosexuals the bogeymen out to prey on the children. Yes, it's always about the children. The last desperate straw when invoking the message of a homophobic god fails- think about the children!

In this brutal environment there are few straight people who stand by gay friends and wonder how they survived the brutal Indian environment where disdain and most of the times violence was committed against them. There are very few of us who in social occasions and even in the midst of family with sure voices say that we have no problems if our children are gay.

When homosexuals rise from the ashes and reach for the rainbows, how can heterosexuals sit back and not be part of the extraordinary unfolding? The triumph of the human spirit cannot be denied.

Only when the heterosexuals stand by them shoulder to shoulder and give them the courage to come out of the closet will they breathe easier in a country which they call their own and yet live in fear or suffer loneliness. When we are willing to take a brick meant for them will the country change.

This isn't a fight against the morals or values of the country. Gays love and live like us. They dream of happily ever afters; they dream of acceptance from family, sincere friendships, of having their own families, or simply the desire to be treated as human without being judged.

Today, I am proud of being from Delhi - the capital of India where to love under the rainbow is perfectly legal.

The Bandra-Worli Sealink Opening

IdeaSmith — Thu, 2 Jul 2009 03:38:08 EDT

The much awaited Bandra-Worli sealink opened yesterday. In the unlikely case that you don’t know what I’m talking about (in which case, what are you doing reading this post?), this is a bridge built across one of the bays between the islands that comprise Mumbai. It connects Bandra reclamation to Worli seaface and has been predicted as the solution to easing up the daily traffic snarls from the western suburbs to town.

The sealink has been a long time in the making, having faced some setbacks and delays as well. It has been a part of the grand plan for Mumbai for so long that it has almost made a mark in local lingo by now (Yeah, I’ll get a promotion by the time that damn sealink gets made, maybe then I’ll be able to afford a car too!).

Most Mumbaikers have seen its grow, inch by agonizing inch on the horizon, from each direction. Just last year, I looked out at the impressive seaview from the window of a friend whose Mahim flat faces the then under-construction sealink and said,

Whatever is taking them that long??!! There’s just another inch to go!

After much fanfare, the sealink was inaugurated by Sonia Gandhi last morning and thrown open to the general public at 7 a.m. There will be a Rs.50 toll to traverse the sealink but that becomes functional only as of next Monday. So for the next few days, you can expect most Mumbaikers to derive full paisa vasool rides, riding Mumbai’s first ever sealink.

Quite fortunately (for me) I had an appointment in town that same morning. Fortunate I say because I (like many suburbanites) detest the painful commute into town, even less by road. What a stroke of luck to have a reason to go into town on the very day the sealink was inaugurated!

So I nagged dad into turning off into Bandra reclamation, shushing his incessant doomsday prophesies that the sealink would only add to commute time and what was so great about that damn bridge anyway, it’s taken long enough to come up and blocked Mumbai’s strained resources as it is.

In a few minutes, I was ready to jump out of the car and dive for cover as we ran smack-dab into the middle of the kind of traffic that makes road-rage seem like a pardonable offense, not punishable by law. I think every Western suburbanite must have been on that road to Worli today, whether or not they wanted to go to town!!!

I actually saw a few cars take U-turns and head back out, presumably to get to their destinations, the old-fashioned Mumbai way.

But as we inched forward and the high beams of the sealink came into view, my spirits surged and even my father ceased his complaining and grudgingly took out his own phone to take a picture.

We passed an impressive-looking toll-naka. Oh okay, I know there’s nothing impressive about a toll-naka, I’ve seen the one at Mankhurd and what about that huge one leading out to Mumbai-Pune expressway that I passed, not three days ago?

It still was a momentous occasion, for we were on the brink of breaking new ground. As we passed, I’m rather afraid to say that the insofar well-laned traffic just sort of melded into itself and became one sea of cars going helter-skelter. The road curves a bit before it touches the sealink and the lanes just sort of get lost in each other. The authorities are just going to have to do something about that if they don’t want to face choke-ups every morning just before the Bandra end of the sealink.

Very near the sea, I saw a flock of crows flying around frantically and wondered aloud,

Why are there so many birds around? What are they so agitated about?

Dad said that perhaps there was an colony of nests in that place which had so far been pretty secluded and undisturbed. Displacement was a sobering thought to start the trip on, but well needs must.

Once we actually got closer and closer to the sealink, I could feel the anticipation electric in the air. Cars slowing down, audible gasps, people zooming their camera lenses and phones, excitement was rife.

I can’t even begin to describe what the journey was like. I am sure, in a short few days I’ll become as accustomed to it as the regular train and road commute. But today, this first trip was special. It was the realization of the great Mumbai dream. We were riding over water. All my hitherto unvoiced fears that the bridge would give way were blown away in the cool breeze. The bridge is rock-solid (not at all like Lakshman Jhula, ma, you can stop worrying, it won’t sway in the wind) and it would otherwise feel just like riding on a concrete road, except there’s the sea on both sides.

What an odd feeling to turn to one’s left and see Mumbai, the city, the familiar buildings and roads on the horizon but on the wrong side and from so far away!

I saw a media van pass in the opposite direction on the clear Worli-to-Bandra lane, with a journalist standing out of one of the windows holding a mike, and a cameraman standing out of the opposite side shooting her. It was a funny sight and I'm only sorry I didn't have a chance to shoot it.

The image below shows the proud and cheering workers who were lined up to watch the first few travellers on the sealink. What a moment of glory it would have been for them!

The couple in the Qualis next to mine were carrying balloons and traversed the entire length of the sealink with their balloons held aloft and flying out of the windows. Viva, the spirit of Mumbai!

We touched terra firma again at the Worli seaface end. I’m rather afraid this means the end of those long, wonderful soujourns ending in masala milk and sandwich. With the incoming and outbound traffic to the sealink, the seaface is bound to become thoroughfare and lose the charm it has.

We’re losing a few lovely spots and the traffic problem may not really be solved. But the experience of riding over the sea is something every Mumbaiker should have. This link has been far too long in coming. In the larger picture, perhaps easier access will level out some of the differences of Mumbai’s very own caste system?

I can’t tell just yet. My head is still spinning with the adrenalin rush of yesterday morning. I really feel like I’ve been part of a grand day in Mumbai’s history, almost like the fall of the Berlin wall. It is a big thing for this city and as a Mumbaiker, I feel really proud.

Happy Canada Day

temporal — Wed, 1 Jul 2009 14:08:03 EDT

photo credit Toronto star

Canada day means late mornings for a change.

Unlike yesterday the sun is out. There are lots of barbecues and parties celebrating Canada Day.

In the evening the sky would be lit with fireworks display. The biggest and the best would be at the Ashbridges Bay.

In Ottawa, the traditional march past was held today with the GG's Guards in attendance and thousands in attendance.

The first Canada Day party was in Bakersville, BC in 1868.

The citizens of the newly formed Dominion of Canada heard that the Americans plan to celebrate July 4 in a big way. So they got together to steal the show. Read it here about it.

Here are two quizzes from the Star today:

19. In 2007, the nation sending Canada the highest percentage of our 236,760 immigrants that year was:
a. Jamaica
b. Great Britain
c. People's Republic of China
d. India

21. Toronto and Vancouver, tied at 37 per cent of total population that is foreign-born, leave only seven Canadian cities in double-digits of foreign-born residents. The three highest of these are
a. Calgary
b. Winnipeg
c. Edmonton
d. Ottawa
e. Montreal

Answers? Follow the link.

Other than barbecues and fireworks, it has become traditional for new Canadians to take oath of citizenship this day.

This country is where I have my roots. I have lived here for more than half my life. Our children are born here. With its multi-culturism policy and respect for law and equality I feel this is my home.

Like any big country Canada also has its share of problems and issues - the economic downturn, treatment of its Indian aboriginals, minority rights, its pathological following of the US foreign policy, its unpopular incursion into Afghanistan. This is something that would never have happened under the philosopher-king Pierre Elliott Trudeau.

But all that is overshadowed by its people and their sense of decency, its institutions, its democratic governance, and its yearning for world peace.

In the words of Lester b Pearson, the winner of 1957 Nobel for Peace:

Of all our dreams today there is none more important - or so hard to realise - than that of peace in the world. May we never lose our faith in it or our resolve to do everything that can be done to convert it one day into reality.

Happy 142nd Canada Day to you.

[ED: It's also Pamela Anderson's 42nd birthday]

Poessay: Rosary 29 - uncalm times: sukoon say shikayat

temporal — Tue, 30 Jun 2009 20:48:32 EDT

credit cuttlefish

nightfall blackness
blankets evenly
but why do desert days
spread white lava
over every one?

the existential strive
yearning, foreboding

misgiving, unrelated
stabbing heartaches
all are covered
under squinting whiteness
invisible,
bereft of motion
and emotion

mind's intense rays
love's dyspnea
poverty's glare
injustice's dissonance
will eradicate
this petrifying mirage
(hopefully)

my sometimes wrenching
oft times perturbing
oddly comforting and
mostly wonderful
world

would then return
one hopes

sukoon say shikayat

kyuN aaj meri dunya
din ki tareeeki maiN
sufaidi dhuli hay

gham e gardish hO
gham e janaaN hO
koi khalish koi kar'b hO
sub per aaj ik chader
sufaid chaa gaee hay

suraj ki tamazat
ish'q ki garmi say
chadar ghayab ho gi
aur
m'ri yeh paraishaan kun
hangama khez, pur lutf
dunya phir lOt aa'aye gi

Earlier:
Poessay: Rosary 1 - Pink Sand Beach
Poessay: Rosary 2 - Fishing
Poessay: Rosary 3 - Adam and Eve Limited - I
Poessay: Rosary 4 - Adam and Eve Limited - II
Poessay: Rosary 5 - Descending
Poessay: Rosary 6 - Dinner In The Park
Poessay: Rosary 7 - Under the Jamun Tree
Poessay: Rosary 8 - Voices In The Air
Poessay: Rosary 9 - Life Rosary I
Poessay: Rosary 10 - Life Rosary II
Poessay: Rosary 11 - Creating In Isolation
Poessay: Rosary 12 - Kohled Eyes
Poessay: Rosary 13 - By the Lake
Poessay: Rosary 14 - Snow Flakes
Poessay: Rosary 15 - The Drop
Poessay: Rosary 16 - Ageless Quest - tishnagi
Poessay: Rosary 17 - Hemashree
Poessay: Rosary 18 - burning blazing fire rages
Poessay: Rosary 19 - Word Whirlpool - BhaNwur LafzouN Ka
Poessay: Rosary 20 - Thanksgiving I
Poessay: Rosary 21 - KhamOshi - Wordless
Poessay: Rosary 22 - A Simple Poem
Poessay: Rosary 23 - Musings
Poessay: Rosary 24 - Monologue
Poessay: Rosary 25 - pink flamingos, yellow roses, dark clouds
Poessay: Rosary 26 - Trancing Segues
Poessay: Rosary 27 - Perceptions
Poessay: Rosary 28 - Waves-Upon-Waves - mauj der mauj

Spain's Audiencia Nacional To Be Reined In By Parliament

Vinod Joseph — Tue, 30 Jun 2009 10:29:08 EDT

The International Court of Justice at The Hague (“ICJ”) has a dual role. As stated on its website, the ICJ acts as a world court and decides, in accordance with international law, disputes of a legal nature that are submitted to it by member States. It also gives advisory opinions on legal questions at the request of organs of the United Nations, such as the Security Council or specialised agencies authorised to make such a request.

In 2002, an International Criminal Court (“ICC”) was set up at The Hague as a permanent body for prosecuting individuals for crimes against humanity, genocide etc. So far 108 countries have signed the Rome Treaty that gave rise to the ICC. India and China have not signed up to the ICC. Israel and the United States became parties to this treaty (after some hesitation), but later withdrew from it. The ICC can only prosecute crimes committed on the territory of signatory states and by individuals who are citizens of a signatory state.

However, since over ten years, a third entity has been playing a role on global stage in the field of international justice. Spain’s National Criminal Court, the Audiencia Nacional, started to intervene in cases involving international human rights abuses over a decade ago. According to this BBC report, the Audiencia Nacional has been happily hearing and disposing cases involving human rights abuses from places as far afield as Guatemala, Rwanda, Chile, Tibet, Gaza and Guantanamo. No, not all cases have a Spanish link and the only justification for hearing such cases seems to be that they involve human rights violations or abuses of such a grave nature that they give raise to ‘universal jurisdiction’ and any court in the world would be justified in trying them. The only bar to the Audiencia Nacional trying a case is the knowledge that another court elsewhere is already on that case.

The main difference between the Audiencia Nacional and the ICJ is that ordinary mortals cannot take a dispute to the ICJ, whilst the Audiencia Nacional happily caters to individuals who are unable to obtain redress in their home states. As for the ICC, its jurisdiction is restricted to member states and it can only try offences committed after 1 July 2002 (when the Rome Treaty came into force) or the date when the relevant member state signed up to the Rome Treaty, which ever is later. If Israel were to sign up to this treaty in 2010, Israeli nationals cannot be tried for their actions during the January 2009 invasion of the Gaza Strip.

The most spectacular international case tried by the Audiencia Nacional was that of General Augusto Pinochet, the Chilean dictator. Based on an arrest warrant issued by the Audiencia Nacional, General Pinochet was arrested in the UK where he was undergoing medical treatment and placed under house arrest. After a lengthy court battle, he was released on medical grounds. On his return to Chile, he was indicted and another series of trials ensured. Before any conviction could be made, General Pinochet died on 10 December 2006. Even though General Pinochet was not formally punished, the international arrest warrant issued by the Audiencia Nacional almost delivered justice to his numerous victims.

Currently the Audiencia Nacional is considering action against Bush’s advisors who helped establish the legal basis for waterboarding and other interrogation tactics used at Guantanamo Bay. Also visible on the cross hairs are Israeli politicians and generals for their actions in the occupied territories during the recent invasion of Gaza and Chinese officials for alleged human rights violations in Tibet.

One of the reasons why the Audiencia Nacional is so much admired and feared is that many dictators and other nasty people like to travel to Europe for some decent R&R after having carried out various excesses back home. The threat of a warrant from the Audiencia Nacional has forced many a dictator to cancel his European travel plans.

The Spanish government has not been very happy with the actions of the Audiencia Nacional which are obviously not designed to improve Spanish relations with powerful and mighty states such as the United States and China. From time to time, the Spanish public prosecutor has tried to rein in the judges at the Audiencia Nacional, without much success. Therefore, it came as no bolt from the blue when the Spanish government formally took steps to curtail the Audiencia Nacional which not surprisingly has been the darling of human rights activists worldwide. The Spanish Parliament, the Cortes Generales, is all set to pass a law which will prevent Spanish courts from trying cases unless either the perpetrators or the victims are Spanish or there is some other link to Spain.

For various reasons, I’m glad that the Spanish government is clamping down on the judges at the Audiencia Nacional. My main reason is that I don’t like the idea of Spain (or any other country for that matter) taking on the role of a globo-cop. Spain has one of the worst records among the various colonial powers, it was an ally of Nazi Germany (though it didn’t take part in the Second World War) and had a horrible human rights record until General Franco’s death in 1975. It is only in the last thirty years or so that Spain, like most other Western powers, cleaned up its act. Memories of General Franco’s atrocities are still afresh and it rankles a bit when Spain unilaterally takes on the role of global arbitrator.

It is very tempting to saying that courts anywhere in the world ought to be entitled to try grave violations of human rights under ‘universal jurisdiction.’ However, despite claims by the judges at the Audiencia Nacional, we are yet to evolve a universally acceptable standard for ‘grave violations of human rights’. A judge in Saudi Arabia may decide that the CEO of a Scottish brewery is guilty of the worst form of abuse (by encouraging drinking) whilst a judge in Jakarta may rule that employees of an NGO working for Gay rights ought to be hanged. Further, if courts all over the world start trying alleged human rights violations, it is only a matter of time before biases start creeping in. Courts in Colombo may rule that fund raisers for the LTTE are all guilty of abetting the worst form of human rights violations, whilst Malaysian judges will not be sympathetic to companies supplying weapons to Israel.

Courts in Belgium used subscribe to the theory of universal jurisdiction on account of a 1993 law which purported to give Belgian courts jurisdiction over offences committed anywhere in the world if they are grave enough and contrary to basic human values. However, after the ICC came into existence in 2002, Belgium modified its laws and drastically reduced the scope of universal jurisdiction wielded by its courts.

Unlike Belgium, Spanish courts adopted the principle of universal jurisdiction without a specific legislation. Now it looks like they will have to be forced by the Cortes Generales to give up the power they took on ten years ago without statutory authority.

Watching An Indian Soap: Choti Bahu

Blokesablogin — Tue, 30 Jun 2009 00:59:14 EDT

I was introduced to the Indian television Serial scene a month ago via the internet. There are several sites wherein every serial known and unknown, watched and not are carefully uploaded every hour. My in laws decided to cut Sun TV that we had especially ordered for them as they said that the internet gave them greater flexibility of time to watch their favorite shows and they did not have to watch the ads during breaks. (My in laws had found this website that uploaded videos according to the European time of telecast and thus they got to see their serial before it was telecast in the US!) This was my first introduction to Indian television serials, online.

While browsing through some articles, I came across TRP ratings for serials with the highest viewership ratings and found Choti Bahu (Younger daughter in law) consistently being on the top (until recent months). I wondered what made a show a success? There began my journey. I entered an alien world of fiction that gripped people's imagination and kept them talking for the whole day before the conversation continued the next day! It was not uncommon for my in laws to discuss a show with their friends back home when they called in to check if all was well. My dad would update my mom as to what was happening with the episodes that she was missing while traveling.

Choti Bahu begins as an innocent story along the lines of Cinderella with a sweet, naive girl (Radhika) who is an adopted daughter of a poor, temple priest. She is ill treated by the grandma and her "sister" (Vishaka) who uses her to cover up all her faults. Enter our Prince Charming (Dev) belonging to a rich and well known family that has properties all around the country. He falls hard for Radhika and wishes to marry her. Unfortunately he thinks Radhika's name is Vishaka and gets married to her. Owing to a twist, on the night of the marriage, Radhika substitutes for Vishaka (as she runs away to become an actress) and then the story devolves from there.

It was obvious that the entire story is based on the fact that Radhika never reveals to Dev, who consistently tells her how much he adores her and does not care for his "wife" Vishaka, that she is indeed his Dharmapatni, wife who took the vows with him. The TRPs are manipulated constantly keeping the viewers on tenterhooks as to when the truth will come out.

I noticed that there is a set pattern to the plot. For every 25 episodes a new twist is created or resolved. Even if the twist does not require that many hours to be resolved or created, they follow the set format. Of course, watching the episodes online has its advantages. You can skip all the shots when people are seen walking to or from another character. Or when the title song plays or when the villain begins her canned dialogue that will go on for exactly 2:30 minutes.

I also stumbled upon a forum where avid viewers of the show discussed their favorite show online- sometimes thrilled with what happened and sometimes miserable with the story line. A whole new world opened up in front of me as I undertook this month long experiment to understand the psychology of serial watchers.

And it is an interesting world. I met some amazing people on the forums. We became almost family when we had to cheer up someone who was miserable with the story line! There were alternative "Fan Fiction", stories written with the same characters but an entirely different story. There were video remixes with clippings from the show merged with a new soundtrack. There were interviews with the cast.

This melding of shows with other shows was mind boggling. There would be special episodes when characters from other serials would appear on this show! There would be anchors from different TV News magazines to update viewers about what was happening on the sets. So, the channels would feed off each other on "advertizing" their shows via news and the News channel had "news" to report!

Many of the diehards are young kids who are in the middle of taking tests and giving interviews. The Indian diaspora from around world as far flung as Trinidad, the Americas, Australia and Africa. Bored housewives and busy professionals catch their shows online at a time convenient for them. It is not uncommon for the forums to have volunteers who write the update for each show in English to make it easy for the non Hindi speakers to follow the show! The dedication is amazing.

An entire world of make belief made "real". In an already world of illusion, as the idea of Maya would have it another Maya nagari is established and supported from every side. Another layer to this world of fiction is the fiction created by viewers. It is like the old idea of the mirror within the mirror, reflecting each other off into infinity.

For now, I have bid temporary farewell to the serial and the forum as I surface back to reality!