Pragmatic court

The popular misconception that our Supreme Court is a conservative body should be dispelled by its recent judgment.

The popular misconception that our Supreme Court is a conservative body should be dispelled by its recent judgment. The brief facts of the case are that one Radhika Singh and Lolli had been living together for about 30 years as husband and wife. Evidence established that the daughters of Lolli were married off by Radhika Singh. The question before the court was whether Lolli had legitimate claim over Radhika Singh8217;s property as his wife and had the right to sell his land. The Supreme Court observed that the act of marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of a particular case. Interestingly, the Supreme Court approved of a 1927 Privy Council pronouncement that where a man and woman are proved to have lived together as man and wife, the law will presume that they were living together in consequence of a valid marriage, and not in a state of concubinage. In the case before it, the court was satisfied about the continuous living together for a long time of Lolli and Radhika. The court ruled that where parties have lived together for a long spell as husband and wife there would be a presumption in favour of wedlock. The presumption is rebuttable, but a heavy burden lay on persons who sought to prove that no marriage took place. 8220;Law leans in favour of legitimacy and frowns upon bastardy8221;. Lolli, the de facto wife, succeeded, thanks to the pragmatic modern approach of the Supreme Court.

Subtle torture

NO international human rights instrument permits use of torture during grave emergencies or even during armed conflict. Freedom from torture is a non-derogable right. Government of India has acceded to the Torture Convention but regrettably has not yet ratified it. One objection is that a constitutional amendment would be required. This is specious. All that is needed is inclusion of the definition of torture in the convention into the Indian Penal Code with appropriate adaptations which can be done by simple legislative amendment. What is really needed is the political will. The misapprehension that the Torture Convention will be unfairly applied to India is groundless. Incidentally, however comprehensively torture may be defined it will not cover some forms of torture such as a nagging spouse or the forcible subjection to a form of music or song which one dislikes till the party you have called on the cell phone deigns to answer your call. This situation can last a few minutes and is maddening. Victims of this subtle torture need to devise effective remedies for their protection.

Farewell Humphrey

Britain lost last month one of its legendary musicians, Humphrey Lyttelton. Humphrey acquired his trumpet when he was 14 years and modeled his playing on Louis Armstrong. During military service in World War II, including the landing at Salerno, he carried a pistol in one hand and his trumpet in the other. He experienced some savage fighting, was injured and was sent home to England. During the VE Day celebrations where he was pushed in front of Buckingham Palace in a wheelbarrow whilst playing his trumpet. Humphrey formed his own group who played traditional New Orleans jazz at 100 Club in Oxford Street, London, which was a mecca for traditional jazz fans. He was one of the first Britons to incorporate Caribbean rhythms in his compositions. Humphrey was a man of many parts. For years he was an award-winning restaurant critic. He was also a prolific writer and a cartoonist. His two-volume The Best of Jazz is an invaluable contribution to jazz literature. His series of memoirs starting with I Play as I Please in 1954 and ending with Why No Beethoven 1984 are hugely informative and entertaining. Lyttelton became widely known and extremely popular because of his long running radio show, 8216;I8217;m Sorry, I haven8217;t a Clue8217;, which was replete with wit and dead-pan humour. He finally stepped down in March 2008. British jazz will not be the same without Humphrey Lyttelton.