The DMRC needs to STOP its illegal witch-hunt of teens and pre-teens and instead identify the perpetrators who have ILLEGALLY shared the information of individuals on pornographic websites

So, I’m not sure if you guys have heard about this, but footage from the Metro stations of the Indian capital, Delhi, has found its way on to porn websites. Mind you, I’m talking about teenagers, and pre-teens, filmed fooling around on empty platforms because our society is too fucked up to allow them to actually visit each others’ homes in order to even touch other, forget about intimacy!

Are you all mind-fucked yet, friends, Indian and countrymen? Well, it gets better. Now, instead of identifying the criminals who have committed the illegal act of uploading these videos, the DMRC actually has the audacity to try and identify the youngsters so that it can file FIRs against them!

What the actual FUCK? Those couples should be suing DMRC! What kind of a messed up society do we live in? Everybody’s a wannabe self-righteous jackass. Gyah! I can’t take it anymore! Flamethrowers are the only solution!!!

Though, in all seriousness, I repeat: Those couples should be suing DMRC! No self-respecting judge will allow this voyeuristic bullcrap to pass off as implementing decency. It’s only indecent because people were watching, the said people being perverted DMRC officials. Seriously, if someone wants to file a case against the DMRC, please, tell me, and I’ll get you in touch with a lawyer who can kick their privacy-violating ass all the way to hell.

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Requiem for the Rule of Law: The Indian Scenario

A steadily declining political morality coupled with a consistent increase in moral policing is suffocating the rule of law, shrinking spaces available for free civil dialogue, narrowing accountability, diminishing freedoms, and even costing lives in the Indian State. At the time of the adoption of the Indian Constitution, its architect himself, Bhimrao Ambedkar, spoke of the dangers of persisting socio-economic inequality within a framework of formal political equality, warning of the tendency of the same to be unsustainable. Sure enough, the unraveling of that equality has led to a situation whereby the ability of the Indian state and civil society institutions to meet some of the most profound challenges to constitutional democracy since Independence shall be tested to its limits.[1] A view held by authors as early as late 2010, two years later, the truth of these statements can be felt.

An odd state of affairs is taking place in India today. The unfortunate incident of the Delhi Gang Rape witnessed a national outpouring of understandable grief, but it also demonstrated something else; the rage of the people at the State. This is interesting because, apart from a few lapses, in this case at least, the Central and State governments acted promptly, spared no expense in its attempt to save her life, and the police did not only capture the rapists within hours, it also showed uncharacteristic restraint when dealing with the protestors. The judiciary too, both the Delhi High Court, and the Supreme Court took immediate cognizance of the pent up grievances of women’s associations and human rights groups. Then, what is the reason behind the rage of the people?

Authors, Scholars and Professors across the country believe that this is because the incident triggered something in the minds of the people that has been smouldering in resentment for years.

The Betrayal of Democracy.

Democracy was meant to empower the people, but has instead betrayed them in the profoundest sense. And, the reason behind this is simply thus: Empowerment requires the Rule of Law. People feel empowered only when they know that they have certain rights, and that the institutions of government that exist, do so, first and foremost to enforce these rights. But, the Rule of Law is simply another name for justice. Empowerment requires justice. However, justice, and even access to the same, has been denied to the majority of the citizens of India since the beginning of the Indian democracy 65 years ago. And, in spite of all the time that has gone by, the Indian State has failed in creating something that people value more than material benefits: a just society. It has achieved this by making both its elected legislators and bureaucracy immune to accountability, along with the lower judiciary, thus becoming a predatory state that the people have learned to fear.[2]

The Hallmark of a predatory state is extortion. In India, bribery and extortion are seen together under the generic heading of corruption. However these are two entirely different concepts, with entirely distinctive effects upon the relationship of State with Society. While Bribery is voluntary, and eventually harms the economy and society by a variety of means, it has limited political impact.[3] On the other hand, extortion requires no contract, no negotiation, and hence contains no element of consent. Simply put, it is an exercise of brute power by an employee or representative of the State over the citizen. Its commonest form is to deny the citizens of the State the services to which he is entitled, until he has agreed to make a private payment to a functionary in whom this power of state is vested. Every act of extortion is a fresh reminder to the citizen of his or her impotence. This sense of impotence achieves completion if or when this citizen is denied redress for the abuse of power.

The Indian State not only denies this redressal by law, but by the Constitution itself. Article 311 of the Constitution states: “No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.” It is clear that this injunction applies not only to civil cases, but criminal ones as well. For the Central services, the empowered Authority is the President of India; for the State civil services, it is the Governor. This has meant that no prosecution can by initiated without the permission of the Central or State government. As the dismal experience of the Central Vigilance Commission has shown, in civil cases this permission is rarely given.[4]

A recent article by Prof. Zia Akhtar on the development of the rule of law in China and its comparison with the Indian Judicial model, the author concludes with a chilling analysis of the Indian democratic set-up: ‘The Indian constitution is an example of a modern nation state that has striven to commend itself to a democratic framework. It has an elaborate, written constitution with most liberal strands of Western jurisprudence interwoven into the fabric of the legal system. There is an elaborate due process mechanism and the judiciary acts to review the validity of administrative action, which has led to precedence based law that has managed to safeguard the civil liberties by recourse to Article 21 of the constitution. However, the state has not been able to redeem the ethnic or caste divisions, relieve poverty or erase the bureaucratic corrosion that has been part of the framework of the Indian state. The upshot has been the misgovernance that has caused long delays in cases coming before the courts, the bureaucratic back logs and the abuse of power by those wielding the instruments of state authority. This shows that while India has achieved a balanced constitution with substantive fundamental rights guarantees it has not managed, like China, to alter the life of the masses. The circumstances in which they can exercise those natural rights in their gift are not of real benefit because of their material conditions. The anti discriminatory laws set out in the Indian constitution have not been able to circumvent the social and economic inequalities that have been ingrained, and there is a bias inherent in a country with a huge gap between the urban literate and the rural communities.’[5]

If we want the law to be anything more than an arbitrary instrument of domination and manipulation, it will require reorientation of the practices of citizenship towards the idea of mutual respect. Hopeful scholars believe that 2013 has potential to be the year the Nation becomes conscious of what a republican rule of law entails. Correctly held, ‘the law should now reflect the aspirations of free and equal citizens, not the whims of colonial masters, democratic hucksters or baying mobs.’[6]

For a Nation that achieved “independence” over six decades ago, the absence of the rule of law is a shameful allegation to have levelled against us, and even a more embarrassing claim, but it is a necessary one. For decades, the people of India have responded to their need for accountability by turning up in larger and larger numbers to vote and overthrow inefficient governmental regimes one after the other.

And, slowly, they have begun to realize the depth of their impotence. Their rage is directed towards the State, because the people are awakening to the fact that their police is no longer for them, but is instead only a tool of the political class, keeping them safe from the ire of the people.

In other words, the people are beginning to realize that their government isn’t theirs anymore. No society that doesn’t at least strive to be a just society can last for very long. And, unless the ruling class of India accepts this fact, India faces the very real threat of collapse.

The fact that the lower judiciary allows enjoys an extreme freedom from any sort of accountability has lead to the breakdown of the last, and most important, resort of those seeking justice: Redressal. The atrocities committed under the protection of the AFSPA, the rampant corruption in all ranks of the bureaucracy, the Maoist uprising of 2005; these are all symptoms of a State without the Rule of Law. And, unless this changes, the State of India is headed towards intense internal struggles bordering on full-scale revolts.

 And, without the guidance of an educated, aware and responsive civil society, such revolution shall not result in a more just and accountable Indian society, but only a disintegrating one.


[1] Vijay Nagaraj, Indian Constitutional Democracy: A Freedom in Crisis, OpenIndia, 25th Jan 2011, available at http://www.opendemocracy.net/openindia/vijay-nagaraj/indian-constitutional-democracy-freedom-in-crisis last visited on 19th Jan 2013.

[2] Prem Shankar Jha, “Overcome by a Sense of Betrayal” The Hindu available at http://www.thehindu.com/opinion/lead/overcome-by-a-sense-of-betrayal/article4307678.ece last visited on 18th January 2013.

[3] Id. Bribery is voluntary. The bribe giver chooses to give money or favours to influence a choice, steal a march over rivals, or hasten (sometimes delay) a decision. Bribery harms the economy and society cumulatively over a period of time by preventing optimal choice, increasing cost and lowering the quality of the product or the service rendered. But it has limited political impact because it is a voluntary transaction between consenting adults and the injustice it does is confined to a small circle of rivals.

[4] Id.

[5] Zia Akhtar, “The Development of the Rule of Law in China and a Comparison with the Indian Judicial Model” India Law Journal available at http://www.indialawjournal.com/volume3/issue_3/article_by_zia.html last visited on 18th Jan 2013.

[6] What should have been the site of our liberation became the symbol of our subjugation; the source of our safety became a source of insecurity, and the protector of our dignity often a source of humiliation. Pratap Bhanu Mehta, “The Year of Law” The Indian Express available at http://www.indianexpress.com/news/the-year-of-law/1052590 last visited on 18th Jan 2013.

The Devil’s Advocate

It took me about 16 years to get around to watching this movie. Despite nearly a decade of being obsessed with Keanu Reeves, six years of which I’ve been at law school. Why now? And, what am I supposed to do with this, now?

Free will. It’s like butterfly wings: once touched, they never get off the ground. No, I only set the stage. You pull your own strings.” – John Milton

What am I going to do? Whatever I want to? But, what do I want to do? Aaargh! It’s all just a God-damned test! All of fuckin’ everything! Damn it!

Why am I questioning my own existence?

Because! Because, because, because! It’s all ’bout free will. What we are, we choose to be. We choose. That changes everything. But, it doesn’t really matter what you choose. Because, we think the ability to make the choices we wish to make makes us free, but in reality, human beings choose the same things for the same reasons. Time after time after time. And we’re all headed in the same direction. And, the Devil was right about us. What if he’s also right about God? How can you choose options without knowing the end towards which you’re working towards? And, what can we know of the end, when we can’t even know the past, or understand the present?

I’m not questioning my existence as much as I’m trying to deal with the fact that I must do whatever I have to in order to reach wherever I want, whenever I want. When I know Nothing. Nothing. 

And, that’s why it’s a test, right? Because you first learn the questions, then look for the answers. And everybody fails. That’s why it’s a ‘damned’ test. Lol. 

Do we really amuse God? Does God even exist? What the hell are we all doing on this forsaken piece of rock, floating around a giant ball of fire, in endless, growing, empty space?!!

What is everything about? :\
The system isn’t like air because we didn’t invent air. The system is entirely a product of thousands of years of humans expressing their free will. Even when you bow your head before a God, or hijack a plane because you’ve been indoctrinated, it’s because you have free will. You can always choose.

And, I’m not saying that we know what we want. I don’t have a clue. But, more importantly, how are we supposed to know? You can only make educated guesses as to things that you perceive as making you happy, and chase them. But, with every moment, you change, and things are too static. Thoughts, too dynamic. Words, too easy. Feelings, too complicated and unreliable. Dreams are illusions. Point being, there is nothing trustworthy enough to follow, or chase, or want.

What if you strive towards nothing? Living in the moment is one thing, but does that mean that the meth addict in the tiny shack down the dirty alley is happier than someone who plans everything out for their next day, right down to the tie-pin? The “test”, I don’t mean it in a religious sense of the word. Not even spiritual, bless that poor over-hyped word. I mean, objectively, the action of living is a test. And, it’s a test we’re all designed to fail. We’re designed to fail this test as a species. And, as individuals, we take the fall-out society, after society, after society. Just like society suffers for the sins of individuals. And, that’s the messed up part. That, while society is supposed to be for the betterment of human civilization, the real war, every time, is the individual vs the Society within which he exists. Even if they are hallucinations or virtual realities.

But, yes, I agree with you there. As Decartes said, “I think, therefore I exist.”

Lastly, I’m not in Test mode! I loathe being tested, you know that? I hate it. I mean, I get it if there’s something you want from me. By all means, test me to see whether I would work out. But, it’d be nice if you would first ask me whether I would be okay with giving you whatever it is that you wanted, right? Don’t just test me, assuming the rest will work itself out. Free Will. It’s important to me. 

Also, I can’t stop thinking about God, or the Devil. Just like I can’t stop thinking about Good and Evil and Right and War and Death and Innocence and the price of everything, the value of everything. I need to understand everything. I don’t ignore the people around me. But, only because they teach me about all these things. People and their complicated, sinful, joyful lives. Every person is a step closer to the complete view of the World.

What we are, we choose to be. We have every choice imaginable to us. *Everything* is permitted, because nothing is true. Did I already say that? But, it is so so important. You have every choice you can think of; it’s just you to tell yourself doing something is too impossible. Problem is, human kind confuses ends with means. You only have full control over yourself, and how you react to things that befall you. You can’t choose to be happy. But, you can choose to not dwell on the past, or take up a hobby to distract you. You can’t choose to have a loving marriage, but you can choose to marry someone you think you will probably be compatible with/someone you love, and be really nice to them. You can’t choose to die laughing, but you can choose to live laughing, so that death finds you that way, no matter where and when it approaches you.

But, human beings don’t get that. We make wishes, and want happiness, and cry when things don’t go our way. Regardless of the fact that not even a minute fraction of the Universe’s existence ago, we were atomic particles in a gaseous ball of fire a kazillion miles away, and it is just pure, unbelievable Luck that has let us exist in this form – as living breathing organisms with thoughts, memories and the ability to experience things. Everything that happens is good. Because something is better than nothing. And, you have all eternity to be star dust again.

So, my question to your answer stays the same – If everything is about me, then what am I?

What I am is what I choose to be.

(With no clue as to what the basis for my choices should be)