Truth and Contempt

Besides, it has been and can be used by judicial officers as a shield to cover their deviant behaviour. Worse, it leads to self-censorship of the press and deters exposure of judicial misconduct. The supposed rationale for this archaic rule is that allegations of lack of integrity against a judge shakes public confidence in the administration of justice.

But does suppression of truth enhance public confidence in the judiciary when the well earned reputation for dishonesty of a particular judge is common knowledge in responsible circles?

The need to do away with this incongruous state of the law has been increasingly felt. The National Commission to Review the Working of the Constitution NCRWC in its report recommended that 8216;8216;in matters of contempt, it shall be open to the court to permit a defence of justification by truth on satisfaction as to the bona fides of the plea and it being in public interest8217;8217;.

Government is bringing a Bill in the next Parliamentary session to amend the Contempt of Court Act and to permit the defence of truth. This will introduce an element of accountability of judges. At long last truth will have a chance to prevail. One caveat. Defence of truth should not provide an occasion for disgruntled litigants and motivated individuals, including senior lawyers, to hurl unfounded allegations against a judge because of an unfavourable judgment.

A provision for stringent punishment is necessary if the court finds that the allegations made were reckless and not bona fide.

Perils of Kissing

KISSING arouses radically different emotions. In the West, when people meet at a party, a kiss on the cheek is as customary as a handshake. Western poets have waxed eloquently about the joys of kissing.

Robert Browning wondered, what soul was left when the kissing had to stop. Robert Herrick is rapturous: 8216;8216;Give me a kiss, and to that kiss a score; Then to that twenty, add a hundred more; A thousand to that hundred: so kiss on8230;8217;8217; If anyone in Iran takes Herrick seriously he or she would be flogged to death.

In Iran, it is still illegal for unrelated men and women to have any sort of physical contact, including handshakes. Former Iranian Ambassador to the United States, Hadi Nejad Hosseinan, stated that while serving in the United States 8216;8216;during ceremonies, I hold a glass in one hand and my bag in other to avoid shaking women8217;s hands8217;8217;.

Apparently Islamic law has extra-territorial operation. Recently Gohar Kheirandish, a respected Iranian actress, in her fifties, got into trouble and landed in court. What was her offence? At an awards ceremony organised by the Iranian film industry in Yazd, whilst presenting the award for Best Director to Ali Zamini, she shook hands and kissed him on the forehead. Zamini is in his twenties and was a student of Kheirandish8217;s late husband, an actor who died last year. The actress8217;s explanation that the kiss was 8216;8216;an emotional, motherly gesture8217;8217; was of no avail. She was given a suspended sentence of 74 lashes by a court in Yazd which means that she will be lashed 74 times if the offence is repeated.

The astonishing part is the public reaction. Kheirandish8217;s kiss was condemned as an assault on public morality by the enemies of Islam. An Iranian weekly warned that, 8216;8216;our enemies are trying to harm Islam through our culture and this event is an example of that fact8217;8217;.

One did not realise the deadly potential of a kiss as an instrument of warfare. Our Defence Ministry should undertake a serious research into the subject. In our country also there seems to be some inhibition about public display of kissing which, not long ago, was taboo on the Indian screen whilst erotic gestures and movements were overlooked. Good old Khushwant Singh got involved in a controversy when he gave a grand-fatherly peck on the cheek to the daughter of Pakistan8217;s former High Commissioner. The message is clear: Social and ethical mores differ from country to country and from people to people. It is all in the mind. Sin, as Pascal reminds us, is geographical.