Dissents in apex courts are not unusual but those in US Supreme Court are sharp and pungent. Recently the US Supreme Court by majority ruled that imposition of death penalty on offenders who were under the age of 18 when the crimes were committed is unconstitutional. The Court reasoned that the susceptibility of juveniles to immature and irresponsible behaviour indicates that ‘‘their irresponsible conduct is not as morally reprehensible as that of an adult’’ and there is a greater possibility that a minor’s character deficiencies will be reformed. Line was drawn at the age of 18 because that is the age where society draws the line for many purposes between childhood and adulthood and therefore ‘‘it is the age at which the line for death eligibility ought to rest.’’ One factor which influenced the majority opinion was that the United States is the only country that sanctioned juvenile death penalty whereas international covenants and the UK prohibit it. Justice Kennedy speaking for the majority said, ‘‘It does not lessen our fidelity to the Constitution or our pride in its origins to acknowledge that the express affirmation of certain fundamental rights by other nations and peoples simply underscores the centrality of those same rights within our own heritage of freedom.’’ Justice Scalia fulminated and said that ‘‘the basic premise of the Court’s argument—that American law should conform to the laws of the rest of the world—ought to be rejected out of hand.’’ He admonished that the Court should cease ‘‘putting forth foreigners’ views as part of the reasoned basis of its decisions. To invoke alien law when it agrees with one’s own thinking, and ignore it otherwise, is not reasoned decision making, but sophistry.’’ Unfortunately, Scalia does not subscribe to our judicial approach based on the Vedic text ‘‘let good thoughts come to us from all sides.’’ Colour Discrimination Our Constitution prohibits discrimination on grounds of religion, race, caste, sex, descent and place of birth but not on the ground of colour. The Government of India Act 1935 which preceded our Constitution prohibited discrimination on the ground of colour (Sc. 298). The draft Constitution did mention colour but that was deleted. Sardar Patel’s explanation was, ‘‘I do not know what the meaning of colour is. There are different kinds of colours among Indians themselves. Have we got to provide for all of them?’’ Surprisingly, the Sardar was unaware of the prevalent colour bias. As is evident from matrimonial ads, a fair-skinned bride is much sought after and has greater value in the matrimonial market. Recently, an American woman who had converted to Hinduism was forcefully denied entry into the 11th century Lingaraj temple by some bigoted priests because she was white in colour. There are several disgraceful instances in our country of discrimination against persons, especially foreigners, because of their black colour. The International Covenant on Civil and Political Rights [ICCPR] 1966 which India has ratified forbids discrimination on the ground of colour. Unfortunately, the National Commission to Review the Working of the Constitution, of which I was a member, recommended extension of the prohibited grounds of discrimination but omitted colour. I plead guilty. Role of Sex Workers The valiant British nation during World War II faced several threats: The occupation of Europe by the German forces, the incessant bombing of Britain, especially London, by the Luftwaffe, the U boat menace which sunk many ships in the Atlantic and enemy espionage. It seems that London whores posed an equally grave threat. According to a recent Reuters report numerous ‘‘young sluts’’ in search for US soldiers took advantage of blackouts to evade the police and wreaked such havoc among US troops during World War II that the British government feared Anglo-US relations would sour and had to ask for a full police report in 1942. This phenomenon may well furnish an additional argument for legalising prostitution. Besides never underestimate the powerful role of sex workers even during national emergencies.
