2017 in court: unusual cases that made headlines this year
As the year comes to a close, The Hindu takes a look back at some of the interesting and unusual cases that not only made headlines but also stood out from the crowd because of their peculiarity Recite Thirukkural verses for bail In February, a Tamil Nadu court reportedly ordered three college students, arrested in an assault case, to recite 100 verses of Thirukkural treatise by poet-saint Thiruvalluvar daily for 10 days as a condition for granting bail. The court in Mettupalayam ordered the students, who were charged with assaulting a person, to appear before a Tamil teacher in the Government Boys High School in the area to recite the verses. The court also asked the head of the school to issue a certificate to the students at the end of the 10th day. Long queues for liquor ‘undignified for buyers’ Terming long queues outside liquor shops “a violation of self-respect of those in the queues”, the Kerala High Court asked the liquor outlets not to make customers stand outside the shops. The court directed that adequate waiting area be provided for the people coming to buy liquor so that it does not cause nuisance to public in the vicinity. “The sinuous queues that are found of men in several parts of Kerala waiting for their turn to buy liquor, which spill over to the roads, streets, lanes and other public areas are not merely a sight for the sore eyes but is also an affront on the collective dignity of the citizenry of the State,” the High Court said. “What is violated is not merely self-respect of the persons in the queues but also the collective respect of the citizenry as a whole,” it said asking the local police to ensure that law and order is maintained near liquor outlets. Don't make elephants beg Using elephants for blessing and receiving money in return is nothing but begging, the Madras High Court ruled. The court said forcing the jumbos to beg would amount to subjecting them to behave in an uncharacteristic manner. This, the court said, is exploitation of the animal. The order came on a plea of a man whose elephant was detained by officials after it was found to be used for begging. The High Court also ordered to ensure the best possible atmosphere and health conditions for captive elephants. Names of Hindu gods can't be monopolised Before everyone started staking claims to Hindu gods and deities’ names for their businesses, the Bombay High Court declared that nobody can be allowed to claim monopoly over such words as trademarks or trade names. The court ruled that names of Hindu gods are not exclusive. The order came while dismissing a trademark infringement plea moved by a company which was selling brooms under the name ‘Laxmi’. The company had objected to the use of word ‘Mahalaxmi’ by a competing company for its broom. Denial of marriage photos is ‘mental harassment’ Consider a scenario when your photographer refuses to hand over your wedding photographs and videos despite payment of dues. Terming it “mental harassment”, a district consumer forum in Delhi awarded ₹10,000 as compensation to a groom who was denied the photos and videos by the photographer without assigning any reason. “Marriage ceremony is once in a life time event and is memorised only by photographs and video,” the consumer forum said holding the photographer guilty of deficiency in service. FIR against Maria Sharapova International tennis stars seldom hit Indian tennis courts much less dragged into a trial in an actual Indian judicial court. Things changed in 2017 when a Delhi court in November ordered an FIR against Russian tennis star Maria Sharapova after getting a complaint that a luxury housing project publicised in her name never took off. The Gurugram court order came on a complaint of a buyer claiming that Ms. Sharapova aggressively promoted the residential project named as “Ballet by Sharapova”. The curious case of Justice Karnan In an unprecedented order, the Supreme Court on May 9 held Calcutta High Court Judge C.S. Karnan guilty of contempt of court, judiciary and judicial process and sentenced him to six months imprisonment. The day before, Justice Karnan had ordered eight Supreme Court judges to five years of “rigorous imprisonment” and imposed a fine of ₹1,00,000 each under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act of 1989 and the amended Act of 2015. Justice Karnan also directed the Supreme Court judges “to appear before him”. The SC Bench had earlier ordered Justice Karnan to be medically examined. He, however, refused to undergo medical tests and told the team of doctors, in a written response, that he is “absolutely normal and with a stable mind”. He was released from the Presidency jail in Kolkata on December 20 after serving the prison term. Rape inside diesel auto in Delhi not possible Over the years we have seen a fair share of false rape cases being reported in the media, but this one takes the cake. A woman had accused an autorickshaw driver of intoxicating and raping her around GT Karnal Road by-pass in the Capital. However, it did not take the Delhi High Court very long to nab the inconsistencies in her statement. The complainant, a mother of two, had alleged that the auto in which she was raped was having a Haryana registration number and was running on diesel. The court noted that autos running on diesel are banned in Delhi and that a Haryana-registered autorickshaw could not have been hired while in the Capital. Crime show host gets lifer for wife’s murder For a man who used to host ‘India’s Most Wanted’, a highly popular television programme on wanted criminals in the late ’90s, irony played such a role that he himself became the headline for killing his wife. Suhaib Ilyasi, who produced, directed and hosted the show, was convicted for murdering his wife in January 2000. Anju Ilyasi was murdered at her marital home in east Delhi. A Delhi court sentenced him to life imprisonment. Initially, Ilyasi was booked on charges of subjecting his wife to cruelty, dowry death and destruction of evidence. But later, the Delhi High Court in 2014 ordered that he be tried for murder. All quiet before Shivling Keeping in mind the adverse effects that noise, heat and vibration can have on Amarnath Temple’s ice Shivling, a natural formation in the cave, the National Green Tribunal directed devotee or anyone standing in front of the Shivling to maintain silence. “The direction in our considered view is required to maintain the sanctity and pristine condition of the holy cave on the one hand, while on the other to ensure that there are no adverse impacts of noise, heat and vibrations upon the Amarnath Ji Maha Shivling,” the tribunal said. Additionally, the NGT directed that a one-way queue of visitors had to be maintained at the shrine.
People will reject Seeman’s views on Rajinikanth: Tamilisai Soundararajan
Chennai: The state unit of the BJP lashed out at Naam Tamilar Katchi chief Seeman for his provocative remarks on actor Rajinikanth. “Seeman is not the only custodian of the Tamils nor does he represent the voice of the Tamils and his views questioning Rajini's entry into Tamil Nadu politics will be rejected by the people”, the BJP's state president said. “Seeman is not the address for the people of Tamil Nadu. His opposition to Rajini who has only announced to enter into politics is unacceptable. Rajini has to organise his party at grassroots, face elections and win to come to power”, Dr. Tamilisai Soundararajan added. As far as she was concerned, Seeman does not represent the entire Tamils. “The people of Tamil Nadu have affinity for Tamil and are equal owners of the Tamil pride, Seeman alone can't take claim complete rights for the Tamil pride. People will reject his view”, Dr. Tamilisai claimed while reacting to Seeman's outburst. His opposition to Rajini merely on non-Tamil roots is unacceptable, she added. Taking strong exception to Rajinikanth's announcement on Sunday, Seeman had remarked, “We have an ideology that only a born Tamil must rule Tamil Nadu. This has also been said in the Thirukkural. This State had faced disgrace after allowing others to rule it. …there is no problem if Rajinikanth acts in even 10 more films but the fact is he wants to rule the State. We have the right to govern our people. Living under someone else's rule amounts to slavery. We cannot be slaves”. Opposing Rajini's non-Tamil roots, Seeman contended that only sons of the soil should govern TN. “There is nothing for him to do here. Sons of the soil are working here based on a constructive action plan”, Seeman told reporters here.Shivaji Rao Gaekwad, rechristened Rajinikanth on screen, was born in Karnataka on December 12, 1950.
2017’s woman warrior of the year is Kowsalya – fighter for dalit rights
With a media and polity overwhelmed with those who would like to deliver a two-hour long speech but never ever visit a Dalit’s dilapidated house that was ransacked by the people driven by caste-based hatred, the man of the year can only be from the rich, affluent, high-level starter of society. For most Indians, that’s a routine. They will never see someone who was struggling to keep the dignity of their life and existence being honoured. Everything, every decision, every post allocation must necessarily happen at the conditions and whims of the people who are the real decision makers and necessarily do not belong to the caste considered ‘low’. They give, they protect, they take up guardianship of dalits, and announce it from the rooftops. The arrogance of the higher-level rich and sickeningly patronising people is shown in their ‘large-heartedness’, their commitment to bring the castes considered ‘lower; into the mainstream and show off their visits to the homes of dalits. Nothing more can be said about it. Kowsalya would have attracted the attention of the dharma rakshaks the moment she had declared to or threatened to convert. But she didn’t do that. So none visited her, consoled her or said – ‘we stand with you’. She was barely 21 when her husband Shankar — who belonged to a scheduled caste — was beaten to death in the public, before her eyes. The elections were closing in, politicians were too busy, hence no one helped her. The culprits, her own family members, were arrested, thanks to the media outcry and she were taken into state protection. Recently, the court gave a judgment — death sentence to her parents for killing a person they hated only because, in spite of being a Hindu, he belonged to a scheduled caste. She had to swallow her tears. It was a night soaked in sadness, tears, and silence. Her family that gave her birth was sentenced to death by a court hearing the case of her husband’s brutal killing. She had to decide which side she would choose to live her rest of the life – in-fact the life had just begun for her. She chose the world of Shankar, her slain husband and decided to continue her fight against discrimination, against injustice for the dalits, against violence and the deafening silence of the high and mighty in public sphere who run the show and bring glycerine tears for the marginalised and the downtrodden. She refused to yield before the pressures of the rich and the politically connected, and searched and found a small job to sustain her struggle and also to financially help Shankar’s family. Kowsalya with her husband Shankar (file photo). She was 21 and he was 22 when Shankar was killed for marrying a ‘high caste girl’ by her family members A hundred brave women and a hundred men, arrogantly fashioning themselves as the saviour of religion and womanhood, won’t have done what this lady — just 22 years of age — has done and showed to the world that if you have that fire of trust and commitment to values as were given to us by Dr Ambedkar, you can stand tall and fight back with strength. In times like these when atrocities on Dalits are rising, and with that the silence in the political, religious and social circuit is also getting louder and louder, it is the guts and unusual fighting spirit that gives rays of hope and sounds of victory to the oppressed. She was not born a Dalit, she chose to marry one and fought back everyone who became a hurdle in her way to decide for her own future. Women don’t need patronage or guardianship or the encouragement of the male-dominated society. They simply need the power to decide. That’s never given. Andaal, the great spiritual lady-did that, she refused to yield and walked on her chosen path. Kannagi did that. She never yielded and fought back. She is living Thirukkural in her life. She is what Thiruvalluvar’s message is all about. Dr Ambedkar’s journal started in 1930 and a title – Janata meaning the people. He later changed the name to Prabuddh Bharat – enlightened India. Kowsalya’s struggle will enlighten India in a positive way. Hence I am happy to declare her as the woman warrior of 2017. Best of luck Kowsalya, you are a change maker for India. DISCLAIMER : Views expressed above are the author's own.
As the year comes to a close, The Hindu takes a look back at some of the interesting and unusual cases that not only made headlines but also stood out from the crowd because of their peculiarity Recite Thirukkural verses for bail In February, a Tamil Nadu court reportedly ordered three college students, arrested in an assault case, to recite 100 verses of Thirukkural treatise by poet-saint Thiruvalluvar daily for 10 days as a condition for granting bail. The court in Mettupalayam ordered the students, who were charged with assaulting a person, to appear before a Tamil teacher in the Government Boys High School in the area to recite the verses. The court also asked the head of the school to issue a certificate to the students at the end of the 10th day. Long queues for liquor ‘undignified for buyers’ Terming long queues outside liquor shops “a violation of self-respect of those in the queues”, the Kerala High Court asked the liquor outlets not to make customers stand outside the shops. The court directed that adequate waiting area be provided for the people coming to buy liquor so that it does not cause nuisance to public in the vicinity. “The sinuous queues that are found of men in several parts of Kerala waiting for their turn to buy liquor, which spill over to the roads, streets, lanes and other public areas are not merely a sight for the sore eyes but is also an affront on the collective dignity of the citizenry of the State,” the High Court said. “What is violated is not merely self-respect of the persons in the queues but also the collective respect of the citizenry as a whole,” it said asking the local police to ensure that law and order is maintained near liquor outlets. Don't make elephants beg Using elephants for blessing and receiving money in return is nothing but begging, the Madras High Court ruled. The court said forcing the jumbos to beg would amount to subjecting them to behave in an uncharacteristic manner. This, the court said, is exploitation of the animal. The order came on a plea of a man whose elephant was detained by officials after it was found to be used for begging. The High Court also ordered to ensure the best possible atmosphere and health conditions for captive elephants. Names of Hindu gods can't be monopolised Before everyone started staking claims to Hindu gods and deities’ names for their businesses, the Bombay High Court declared that nobody can be allowed to claim monopoly over such words as trademarks or trade names. The court ruled that names of Hindu gods are not exclusive. The order came while dismissing a trademark infringement plea moved by a company which was selling brooms under the name ‘Laxmi’. The company had objected to the use of word ‘Mahalaxmi’ by a competing company for its broom. Denial of marriage photos is ‘mental harassment’ Consider a scenario when your photographer refuses to hand over your wedding photographs and videos despite payment of dues. Terming it “mental harassment”, a district consumer forum in Delhi awarded ₹10,000 as compensation to a groom who was denied the photos and videos by the photographer without assigning any reason. “Marriage ceremony is once in a life time event and is memorised only by photographs and video,” the consumer forum said holding the photographer guilty of deficiency in service. FIR against Maria Sharapova International tennis stars seldom hit Indian tennis courts much less dragged into a trial in an actual Indian judicial court. Things changed in 2017 when a Delhi court in November ordered an FIR against Russian tennis star Maria Sharapova after getting a complaint that a luxury housing project publicised in her name never took off. The Gurugram court order came on a complaint of a buyer claiming that Ms. Sharapova aggressively promoted the residential project named as “Ballet by Sharapova”. The curious case of Justice Karnan In an unprecedented order, the Supreme Court on May 9 held Calcutta High Court Judge C.S. Karnan guilty of contempt of court, judiciary and judicial process and sentenced him to six months imprisonment. The day before, Justice Karnan had ordered eight Supreme Court judges to five years of “rigorous imprisonment” and imposed a fine of ₹1,00,000 each under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act of 1989 and the amended Act of 2015. Justice Karnan also directed the Supreme Court judges “to appear before him”. The SC Bench had earlier ordered Justice Karnan to be medically examined. He, however, refused to undergo medical tests and told the team of doctors, in a written response, that he is “absolutely normal and with a stable mind”. He was released from the Presidency jail in Kolkata on December 20 after serving the prison term. Rape inside diesel auto in Delhi not possible Over the years we have seen a fair share of false rape cases being reported in the media, but this one takes the cake. A woman had accused an autorickshaw driver of intoxicating and raping her around GT Karnal Road by-pass in the Capital. However, it did not take the Delhi High Court very long to nab the inconsistencies in her statement. The complainant, a mother of two, had alleged that the auto in which she was raped was having a Haryana registration number and was running on diesel. The court noted that autos running on diesel are banned in Delhi and that a Haryana-registered autorickshaw could not have been hired while in the Capital. Crime show host gets lifer for wife’s murder For a man who used to host ‘India’s Most Wanted’, a highly popular television programme on wanted criminals in the late ’90s, irony played such a role that he himself became the headline for killing his wife. Suhaib Ilyasi, who produced, directed and hosted the show, was convicted for murdering his wife in January 2000. Anju Ilyasi was murdered at her marital home in east Delhi. A Delhi court sentenced him to life imprisonment. Initially, Ilyasi was booked on charges of subjecting his wife to cruelty, dowry death and destruction of evidence. But later, the Delhi High Court in 2014 ordered that he be tried for murder. All quiet before Shivling Keeping in mind the adverse effects that noise, heat and vibration can have on Amarnath Temple’s ice Shivling, a natural formation in the cave, the National Green Tribunal directed devotee or anyone standing in front of the Shivling to maintain silence. “The direction in our considered view is required to maintain the sanctity and pristine condition of the holy cave on the one hand, while on the other to ensure that there are no adverse impacts of noise, heat and vibrations upon the Amarnath Ji Maha Shivling,” the tribunal said. Additionally, the NGT directed that a one-way queue of visitors had to be maintained at the shrine.
People will reject Seeman’s views on Rajinikanth: Tamilisai Soundararajan
Chennai: The state unit of the BJP lashed out at Naam Tamilar Katchi chief Seeman for his provocative remarks on actor Rajinikanth. “Seeman is not the only custodian of the Tamils nor does he represent the voice of the Tamils and his views questioning Rajini's entry into Tamil Nadu politics will be rejected by the people”, the BJP's state president said. “Seeman is not the address for the people of Tamil Nadu. His opposition to Rajini who has only announced to enter into politics is unacceptable. Rajini has to organise his party at grassroots, face elections and win to come to power”, Dr. Tamilisai Soundararajan added. As far as she was concerned, Seeman does not represent the entire Tamils. “The people of Tamil Nadu have affinity for Tamil and are equal owners of the Tamil pride, Seeman alone can't take claim complete rights for the Tamil pride. People will reject his view”, Dr. Tamilisai claimed while reacting to Seeman's outburst. His opposition to Rajini merely on non-Tamil roots is unacceptable, she added. Taking strong exception to Rajinikanth's announcement on Sunday, Seeman had remarked, “We have an ideology that only a born Tamil must rule Tamil Nadu. This has also been said in the Thirukkural. This State had faced disgrace after allowing others to rule it. …there is no problem if Rajinikanth acts in even 10 more films but the fact is he wants to rule the State. We have the right to govern our people. Living under someone else's rule amounts to slavery. We cannot be slaves”. Opposing Rajini's non-Tamil roots, Seeman contended that only sons of the soil should govern TN. “There is nothing for him to do here. Sons of the soil are working here based on a constructive action plan”, Seeman told reporters here.Shivaji Rao Gaekwad, rechristened Rajinikanth on screen, was born in Karnataka on December 12, 1950.
2017’s woman warrior of the year is Kowsalya – fighter for dalit rights
With a media and polity overwhelmed with those who would like to deliver a two-hour long speech but never ever visit a Dalit’s dilapidated house that was ransacked by the people driven by caste-based hatred, the man of the year can only be from the rich, affluent, high-level starter of society. For most Indians, that’s a routine. They will never see someone who was struggling to keep the dignity of their life and existence being honoured. Everything, every decision, every post allocation must necessarily happen at the conditions and whims of the people who are the real decision makers and necessarily do not belong to the caste considered ‘low’. They give, they protect, they take up guardianship of dalits, and announce it from the rooftops. The arrogance of the higher-level rich and sickeningly patronising people is shown in their ‘large-heartedness’, their commitment to bring the castes considered ‘lower; into the mainstream and show off their visits to the homes of dalits. Nothing more can be said about it. Kowsalya would have attracted the attention of the dharma rakshaks the moment she had declared to or threatened to convert. But she didn’t do that. So none visited her, consoled her or said – ‘we stand with you’. She was barely 21 when her husband Shankar — who belonged to a scheduled caste — was beaten to death in the public, before her eyes. The elections were closing in, politicians were too busy, hence no one helped her. The culprits, her own family members, were arrested, thanks to the media outcry and she were taken into state protection. Recently, the court gave a judgment — death sentence to her parents for killing a person they hated only because, in spite of being a Hindu, he belonged to a scheduled caste. She had to swallow her tears. It was a night soaked in sadness, tears, and silence. Her family that gave her birth was sentenced to death by a court hearing the case of her husband’s brutal killing. She had to decide which side she would choose to live her rest of the life – in-fact the life had just begun for her. She chose the world of Shankar, her slain husband and decided to continue her fight against discrimination, against injustice for the dalits, against violence and the deafening silence of the high and mighty in public sphere who run the show and bring glycerine tears for the marginalised and the downtrodden. She refused to yield before the pressures of the rich and the politically connected, and searched and found a small job to sustain her struggle and also to financially help Shankar’s family. Kowsalya with her husband Shankar (file photo). She was 21 and he was 22 when Shankar was killed for marrying a ‘high caste girl’ by her family members A hundred brave women and a hundred men, arrogantly fashioning themselves as the saviour of religion and womanhood, won’t have done what this lady — just 22 years of age — has done and showed to the world that if you have that fire of trust and commitment to values as were given to us by Dr Ambedkar, you can stand tall and fight back with strength. In times like these when atrocities on Dalits are rising, and with that the silence in the political, religious and social circuit is also getting louder and louder, it is the guts and unusual fighting spirit that gives rays of hope and sounds of victory to the oppressed. She was not born a Dalit, she chose to marry one and fought back everyone who became a hurdle in her way to decide for her own future. Women don’t need patronage or guardianship or the encouragement of the male-dominated society. They simply need the power to decide. That’s never given. Andaal, the great spiritual lady-did that, she refused to yield and walked on her chosen path. Kannagi did that. She never yielded and fought back. She is living Thirukkural in her life. She is what Thiruvalluvar’s message is all about. Dr Ambedkar’s journal started in 1930 and a title – Janata meaning the people. He later changed the name to Prabuddh Bharat – enlightened India. Kowsalya’s struggle will enlighten India in a positive way. Hence I am happy to declare her as the woman warrior of 2017. Best of luck Kowsalya, you are a change maker for India. DISCLAIMER : Views expressed above are the author's own.
0 comments:
Post a Comment