Friday, March 14, 2008
LAW ANIMATED WORLD, 15 FEBRUARY 2008 issue
Open this link for the complete issue of LAW, 15 February 2008.
LAW ANIMATED WORLD, 29 February 2008 issue EDITORIAL
INTOLERANT INDIANS
One may claim India to be one nation or view it as one country of many nationalities and/or sub-nationalities. Interpretations are variegated, even conflicting. Despite all this, there is also a longstanding emphasis on the ‘unity in diversity’ that exists, and that ought to exist, in this land of many communities, languages, religions and cultural entities. As long as outside invasions and foreign rulers were there, some common causes and basic bonds between the divergent communities existed. Even Indian nationalism originated in such confluence of necessities coupled with the ‘divine dispensation’ of the British imperialist rule. Our protracted struggle for independence had fostered the ideal and spirit of a casteless, classless, secular, socialist, or at least social welfarist, democratic society enveloping all the different nationalities and communities in a fraternal embrace. But now that the British are ‘out’, it seems the divisions and conflicts are rushing ‘in’ and, instead of unity and fraternity, wild passions of jingoism, parochialism, communalism and bigotry are gaining upper hand. Optimists may see in these developments mere though inevitable side-effects of the long-suppressed ethnic, linguistic, regional, religious, etc. identities bursting out in a freer climate after the ouster of the alien rulers; and pessimists may rue them as an indication of the eventual ‘balkanization’ of the country with few benefits if any for ‘we the people’ at large. But the point is that intolerance and hatred buttressed by mobocracy are becoming the order of the day as exemplified in the recent Raj Thackeray and Shiv Sainik attacks on the ‘outsiders’ in Maharashtra, the Taslima-hunt by communal bigots and a sulky state with the acquiescence of even some so-called leftists, tirades against films like Jodhaa Akbar, flare-ups on criticism of the ‘founding fathers’, etc. etc. Beware, all this would only give rise to the glee of diehard reactionaries and to the subversion of whatever sublime that lies in our constitution and polity §§§
One may claim India to be one nation or view it as one country of many nationalities and/or sub-nationalities. Interpretations are variegated, even conflicting. Despite all this, there is also a longstanding emphasis on the ‘unity in diversity’ that exists, and that ought to exist, in this land of many communities, languages, religions and cultural entities. As long as outside invasions and foreign rulers were there, some common causes and basic bonds between the divergent communities existed. Even Indian nationalism originated in such confluence of necessities coupled with the ‘divine dispensation’ of the British imperialist rule. Our protracted struggle for independence had fostered the ideal and spirit of a casteless, classless, secular, socialist, or at least social welfarist, democratic society enveloping all the different nationalities and communities in a fraternal embrace. But now that the British are ‘out’, it seems the divisions and conflicts are rushing ‘in’ and, instead of unity and fraternity, wild passions of jingoism, parochialism, communalism and bigotry are gaining upper hand. Optimists may see in these developments mere though inevitable side-effects of the long-suppressed ethnic, linguistic, regional, religious, etc. identities bursting out in a freer climate after the ouster of the alien rulers; and pessimists may rue them as an indication of the eventual ‘balkanization’ of the country with few benefits if any for ‘we the people’ at large. But the point is that intolerance and hatred buttressed by mobocracy are becoming the order of the day as exemplified in the recent Raj Thackeray and Shiv Sainik attacks on the ‘outsiders’ in Maharashtra, the Taslima-hunt by communal bigots and a sulky state with the acquiescence of even some so-called leftists, tirades against films like Jodhaa Akbar, flare-ups on criticism of the ‘founding fathers’, etc. etc. Beware, all this would only give rise to the glee of diehard reactionaries and to the subversion of whatever sublime that lies in our constitution and polity §§§
LAW ANIMATED WORLD, Vol. 4: Part 1, No. 3, 15 February 2008 issue
A world law fortnightly published from Hyderabad, India.
Editor: I. Mallikarjuna Sharma
ADVISORY BOARD: Dr. Lakshmi Sahgal (INA Colonel), V.R. Krishna Iyer (Former Judge, SC), B.P. Jeevan Reddy (Former Judge, SC), P.A. Choudary (Former Judge, APHC), Surendra Mohan (Ex-MP), Prof. R.V.R. Chandrasekhara Rao (Politics), Umesh Chandra (Senior Advocate, Lucknow), Ravi Kiran Jain (Senior Advocate, Allahabad), Colin Gonsalves (Senior Advocate, Delhi), K. Subba Rao (Senior Advocate, Bangalore), K.G. Kannabiran (Senior Advocate & National President, PUCL), Ms. Chandan Ramamurthi (Advocate, Delhi).
Volume 4: Part 1 15 February 2008 No. 3
C O N T E N T S
1. War on Roses? 1
2. LAW NEWS: Torture of Bangladeshi Journalist; Stop Saudi ‘Witch’s’ execution! 2, 59
3. McLIBEL 3-10,by David Wolfson 51-58
4. R v. C.L.Y. [CAN-SC] 11-18
5. British Columbia v. 19-20,Zastowny [CAN-SC] 41-50
6. V. Subbulakshmi v. S. Lakshmi (IND-SC) 21-25
7. DFO, Kothagudem v. Madhusudan Rao (IND-SC) 26-29
8. Karnataka Bank Ltd. v. State of A.P. (IND-SC) 30-40
9. Poem - Jhansi ki Rani, Subhadra Kumari Chauhan 60
Editorial Office: 6-3-1243/156, M.S. Makta, Opposite Raj Bhavan, Hyderabad - 500 082; Ph: 23300284E-mail: malliksharma@yahoo.com; Film making: VSS Laser Graphics, Hyderabad - 500004 (Ph: 23325979); Printed at Pragati Offset Pvt. Ltd., Red Hills, Hyderabad - 500 004. (Ph: 23304835, 23380000)
Annual Subscription: Rs. 700/- Abroad: $ 120 (postage extra)
Life Subscription: Rs. 8000/-
Payments to be sent by Cheque/DD/ MO in favour of LAW ANIMATED WORLD at 6-3-1243/156, M.S. Makta, Opp. Raj Bhavan, HYDERABAD-500082.
[Please add Rs. 50/- for outstation cheques]
EDITORIAL:
WAR ON ROSES?
But We Hate You!
It is no doubt hard and painful to envisage a situation when hooliganism tends to break up things, even heads, in protest against offering of roses and chocolate in expression of love, but strange things do happen in the world, and stranger so in our country. Otherwise it is very difficult to understand the self-styled custodians of ‘Hindu morality’ in Bombay and several other places in India going berserk on the Valentine Day with their hate campaigns. And they find strange bedfellows in orthodox Islamic Saudi Arabia where the government banned all celebrations on that Day, including sale of roses and any ‘red things’ even, as ‘all that is un-Islamic’! That way New Year’s Day is un-Hindu, un-Islamic; so is the April Fool Day and umpteen other usages in India and elsewhere – including the dress you wear and the food you eat, not to speak of the law and politics you mainly follow. Even your chillies are not Hindu my dear, so are tea and coffee; and the most common bananas are not of Indian origin. Whatever be, roses certainly are not Indian but that does not stop us loving their beauty and aroma. Saint Valentine of Terni and Saint Valentine of Rome may be two different persons or not, but tradition hails their fearless martyrdom in the cause of love – to be more precise, their affectionate support to would-be-couples – against Roman imperial barbaric suppression. They are ‘vicariously’ remembered and honoured on 14 February by lovers and would-be-couples exchanging chocolate and roses. What is there in it so alien to Hindu culture which is replete with love, even porn, stories of gods and goddesses and which has deified sex symbols to that pitch which no religion has done. Don’t we have our Nala Damayanti, Radha Krishna, Heer Ranjha, and so on? Capping all, we have the wisest saying ‘udaara charitaanam tu vasudhaiva kutumbakam’ and so let us all try to be liberals in mind and spirit and shun all sorts of fundamentalist excesses §§§
Editor: I. Mallikarjuna Sharma
ADVISORY BOARD: Dr. Lakshmi Sahgal (INA Colonel), V.R. Krishna Iyer (Former Judge, SC), B.P. Jeevan Reddy (Former Judge, SC), P.A. Choudary (Former Judge, APHC), Surendra Mohan (Ex-MP), Prof. R.V.R. Chandrasekhara Rao (Politics), Umesh Chandra (Senior Advocate, Lucknow), Ravi Kiran Jain (Senior Advocate, Allahabad), Colin Gonsalves (Senior Advocate, Delhi), K. Subba Rao (Senior Advocate, Bangalore), K.G. Kannabiran (Senior Advocate & National President, PUCL), Ms. Chandan Ramamurthi (Advocate, Delhi).
Volume 4: Part 1 15 February 2008 No. 3
C O N T E N T S
1. War on Roses? 1
2. LAW NEWS: Torture of Bangladeshi Journalist; Stop Saudi ‘Witch’s’ execution! 2, 59
3. McLIBEL 3-10,by David Wolfson 51-58
4. R v. C.L.Y. [CAN-SC] 11-18
5. British Columbia v. 19-20,Zastowny [CAN-SC] 41-50
6. V. Subbulakshmi v. S. Lakshmi (IND-SC) 21-25
7. DFO, Kothagudem v. Madhusudan Rao (IND-SC) 26-29
8. Karnataka Bank Ltd. v. State of A.P. (IND-SC) 30-40
9. Poem - Jhansi ki Rani, Subhadra Kumari Chauhan 60
Editorial Office: 6-3-1243/156, M.S. Makta, Opposite Raj Bhavan, Hyderabad - 500 082; Ph: 23300284E-mail: malliksharma@yahoo.com; Film making: VSS Laser Graphics, Hyderabad - 500004 (Ph: 23325979); Printed at Pragati Offset Pvt. Ltd., Red Hills, Hyderabad - 500 004. (Ph: 23304835, 23380000)
Annual Subscription: Rs. 700/- Abroad: $ 120 (postage extra)
Life Subscription: Rs. 8000/-
Payments to be sent by Cheque/DD/ MO in favour of LAW ANIMATED WORLD at 6-3-1243/156, M.S. Makta, Opp. Raj Bhavan, HYDERABAD-500082.
[Please add Rs. 50/- for outstation cheques]
EDITORIAL:
WAR ON ROSES?
But We Hate You!
It is no doubt hard and painful to envisage a situation when hooliganism tends to break up things, even heads, in protest against offering of roses and chocolate in expression of love, but strange things do happen in the world, and stranger so in our country. Otherwise it is very difficult to understand the self-styled custodians of ‘Hindu morality’ in Bombay and several other places in India going berserk on the Valentine Day with their hate campaigns. And they find strange bedfellows in orthodox Islamic Saudi Arabia where the government banned all celebrations on that Day, including sale of roses and any ‘red things’ even, as ‘all that is un-Islamic’! That way New Year’s Day is un-Hindu, un-Islamic; so is the April Fool Day and umpteen other usages in India and elsewhere – including the dress you wear and the food you eat, not to speak of the law and politics you mainly follow. Even your chillies are not Hindu my dear, so are tea and coffee; and the most common bananas are not of Indian origin. Whatever be, roses certainly are not Indian but that does not stop us loving their beauty and aroma. Saint Valentine of Terni and Saint Valentine of Rome may be two different persons or not, but tradition hails their fearless martyrdom in the cause of love – to be more precise, their affectionate support to would-be-couples – against Roman imperial barbaric suppression. They are ‘vicariously’ remembered and honoured on 14 February by lovers and would-be-couples exchanging chocolate and roses. What is there in it so alien to Hindu culture which is replete with love, even porn, stories of gods and goddesses and which has deified sex symbols to that pitch which no religion has done. Don’t we have our Nala Damayanti, Radha Krishna, Heer Ranjha, and so on? Capping all, we have the wisest saying ‘udaara charitaanam tu vasudhaiva kutumbakam’ and so let us all try to be liberals in mind and spirit and shun all sorts of fundamentalist excesses §§§
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