Soli loquies

8226; Narmada dam: The agitation surrounding the Narmada dam has led to bizarre events. One may vigorously disagree with Medha Patkar8217;s views or her methods. But none can doubt her sincerity to the cause of the oustees. Her fast was not a gimmick but a result of compulsive inner conviction. To slap on her the criminal charge of attempting to commit suicide under Section 309 of the Indian Penal Code IPC, when her health was deteriorating, smacked of total insensitivity, indeed lack of humanity. Section 309 was struck down by a division bench of the Supreme Court as unconstitutional. Unfortunately that judgment was reversed by a constitution bench. As the law stands today, if a person successfully commits suicide he is naturally out of reach of the law. However an unsuccessful attempt can entail imprisonment for one year. If fast unto death is a criminal offence, then Gandhiji, Vinobhaji and other national leaders were guilty of that crime. If Chief Minister Narendra Modi8217;s fast had continued for several days, one wonders whether he would have been booked under the section. In theory, 8216;8216;however high you may be, the law is above8217;8217;. In practice, things operate differently. It is high time this inhuman provision is deleted from the IPC.

One may not agree with actor Aamir Khan8217;s support to the Narmada Bachao Andolan movement. But burning his posters and banning the film in which he was starring is another instance of the virus of intolerance that has infected our country, which proclaims to be a democracy. The essence of any democracy is that there is 8216;8216;freedom for the thought we hate8217;8217; and the dissenter feels at home. The Narmada controversy illustrates the leitmotif of the ancient Greek dramatists that the tragedy of the human condition is not mainly owing to conflict between the forces of good and evil but conflict between competing interests and values. In the present case between development and the human right to livelihood of the displaced persons. The Supreme Court order permitting construction of the dam and at the same time mandating prompt rehabilitation is a judicious balancing act.

The ball is now in the court of the concerned state governments, which must undertake rehabilitation in genuine earnestness. The National Commission to Review the Working of the Constitution in its report had recommended incorporation of a specific provision in the Constitution to the effect that there should be no deprivation or acquisition of agricultural, forest and non-urban homestead land except by authority of a law which provides for a suitable rehabilitation scheme before taking possession of such land. But like several other recommendations, this too has been ignored.

8226; Perils of kissing: What is all this sound and fury about kissing? Have we forgotten the words of the haunting song, As time goes by, in the movie Casablanca8212;8216;remember this, a kiss is just a kiss8217;? Of course, one must not behave like Georgie Porgie, pudding and pie, who kissed the girls and made them cry. In some countries kissing can be dangerous. In Iran, giving a peck on the cheek of a woman in public as a token of admiration at a public function can land you in jail. Malaysia is not far behind. A Federal Court judge recently, in an inexplicable unreasoned order, upheld the right of a local authority to punish kissing in public for preserving public morals.

An Indonesian provincial law is more sophisticated. Kissing per se is not penalised. What is prohibited is kissing by a unrelated people; b who kiss each other on the lips; c at public places; d for more than five minutes. And pray, who will calculate whether the kiss was in excess of the permitted five minutes. Will a policeman be lurking in the bushes, turned on by the sight of kissing couples? We must get rid of this madness. Logically it should not overtake our country which prides itself on Khajuraho and Konark with their brazen display of the genitals and acrobatic sexual positions. But as Goldsmith ruefully reminds us: 8216;8216;Logicians have ill defined as rational the human mind.8217;8217;