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This is an archive article published on January 6, 2007

Barbarism & the Heartless Minister

There have been gruesome murders in the past. However, the systematic killing of young girls, apparently for commercial purposes, over a lon...

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There have been gruesome murders in the past. However, the systematic killing of young girls, apparently for commercial purposes, over a long period of time with impunity as in Nithari village in Uttar Pradesh is unparalleled. Moreover, there are some disturbing features. The studied inaction of the police, which is almost tantamount to connivance and complicity. Prompt and stringent action against them is imperative.

The most shocking is the statement of Shivpal Yadav, the The Uttar Pradesh PWD Minister, who, when visiting Nithari village, described these barbaric acts as “chhoti-moti ghatna” and said that such small incidents keep happening.

Is the minister so dehumanised as not to realise the acute pain his statement could cause to the bereaved families? Despite the usual pretext that he was quoted out of context, did the minister express any indignation or outrage or genuine commiseration? It is a pity that there is no provision in our legal system for recall of such heartless creatures who occupy ministerial berths.

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The inmates of the jail in Ghaziabad who are hardened criminals are said to have given a good beating to the accused, Moninder Singh and his cannibalistic servant Surendra, who were housed in Ghaziabad jail. This is primitive jail justice, which legal pundits may decry but at times it has its uses and effect. It is heartening that young students took out a rally in Nithari condemning the incidents. Except for the minister, the rest of the country has expressed outrage and solidarity with the bereaved families. And that is the hopeful ray in this sordid, sickening affair.

Women & adultery

Adultery is punished as a crime by Section 497 of the Indian Penal Code. However, this section expressly provides that the wife shall not be punishable even as an abettor. The rationale for this exclusion, in the words of the authors of the Penal Code, was that in India, women “are married while still children. They share the attentions of a husband with several rivals. To make laws for punishing the inconstancy of the wife¿would be to throw into a scale, already too much depressed, the additional weight of the penal law.”

The constitutionality of Section 497 was challenged on the ground of gender discrimination. The Supreme Court repelled the challenge and held that the section did not discriminate solely on the ground of sex, but special provision was required in order to protect women in our country because of their situation.

The court disagreed that women, both married and unmarried, had changed their lifestyle over the years and, therefore, the basis for their exclusion was displaced. Interestingly, the Law Commission in 1972 had recommended deletion of this exemption of a woman from the offence of adultery because, “with the general advancement in the status of women and especially their education, they can now be held responsible for their own actions and so have no further need for any artificial protection.” This sensible recommendation however was not accepted.

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The questionable part of the judgment is its dubious premise that “it is the man who is the seducer and not the woman.” Contemporary events and documents reveal that women are as effective seducers as men and artful deceivers to boot.

Feast of Jazz

2007 begins with a heartening note for jazz musicians and jazz lovers, thanks to the cultural division of the US Embassy. Legendry jazz pianist Herbie Hancock and the superb saxophonist Wayne Shorter will perform in New Delhi and Mumbai from January 15. Wayne and Herbie were Miles Davis’s close friends and band mates.

Shorter’s compositions and improvisation have inspired countless musicians on different instruments. Some of the best known are JuJu, Witch Home and Adam’s Apple. Wayne recorded the last two with Herbie at the piano.

Herbie is no stranger to India. He was in the country in 1998. I, as the President of Jazz India Delhi, had the privilege of introducing him and also hosting an Indian dinner. His most successful recording is the album ‘Head Hunters’. The tracks Watermelon Man and Chameleon have become hits.

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