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HIMALAYAN MIRROR
HIMALAYAN MIRROR
No laughing matter
A lower court in Mumbai has thrown the book at the
organisers, participants and members of the audience
of the AIB Roast, directing the police to file FIRs
against leading names in Indian cinema. It has set the
action rolling on an absurd courtroom drama that
belongs in another time, or another country. The
charges range from violation of the controversial
Section 66A of the Information Technology Act to the
very serious act of criminal conspiracy. Applied to a
comedy show, its like using a hydrogen bomb to kill a
rabbit.
In India, the lower courts have shown a deplorable
willingness to allow the misuse of archaic or controversial laws to restrict the freedom of expression. In the
matter of the AIB Roast, the petitioner has complained
that off-colour banter was articulated in the presence of
women. Does the Girgaum court believe that women
are delicate and must be protected from bad language?
If so, why are women in the audience like Deepika
Padukone and Alia Bhatt being prosecuted as perpetrators? Are there two classes of women, then? The law
abhors arbitrariness, but it is rife in this case, where
sections of the audience have been singled out for prosecution. Besides, since an FIR automatically guarantees action, and since some of the charges are non-bailable, absurd consequences can be expected. Will a
large crop of leading actors be locked up soon for participating in or merely watching a slightly ribald comedy?
Laws exist to regulate society, not according to timeless principles but according to its evolving needs. The
laws that are routinely used by the guardians of high
morality and hurt sentiments to contain free expression
are arguably dated or relatively unexamined. In India,
politics is generally either blas about freedoms, or
actually restricts them in order to narrow the public
discourse. In this negative climate, the higher judiciary
has served as the protector of freedoms, constantly
reinterpreting their amplitude as the needs and expectations of society evolve. The size of AIBs willing
audience, and the viewership on YouTube, is more evidence of Indian societys ability to deal with obscenity.
Now, it is up to the higher judiciary to re-examine the
right to expression accordingly.
Glimmer of hope
Before the ceasefire signed in Belarusian capital
Minsk was to come into effect at midnight Saturday,
shelling was reported from the rebel-held cities of
Donetsk and Luhansk in eastern Ukraine on Friday.
The practical problems likely to be encountered in
implementing the deal negotiated by Russia,
Ukraine, Germany and France pose a big risk.
German Chancellor Angela Merkel, whose shuttle
diplomacy is largely credited with the deal, warned
the ceasefire is merely a glimmer of hope and will
fall flat if actions dont follow words. The uncertainty owes to the intent of Moscow, which denies
being a direct party to the conflict and insists its
only a guarantor.
More than 5,400 people have been killed since
fighting began in April 2014, with an estimated 5.2
million living in the conflict zone. The current deal
betters the failed agreement of September 2014 by
setting a precise time for the ceasefire, widening the
buffer zones and asking for the withdrawal of heavy
weaponry and troops on both sides. If Russian
President Vladimir Putin appeared cheerful, the reason could be that Russia and the rebels are making
tactical gains, with the Ukrainian military having to
give up its current line of control and Kiev compelled to introduce a new constitution allowing
rebel regions to form their own police, appoint their
judges and conduct trade with Russia. But, significantly, the deal upholds Ukrainian sovereignty, with
full control of rebel-held areas and the border with
Russia set to return to Kiev by end-2015, post a full
political settlement. Also, the IMFs $17.5 billion
reform package would enable Kiev to reopen banks
and transfer pensions to the east. So, Ukraine may
be the strategic winner.
Russias economic problems, induced by Western
sanctions, and Moscows inability to prop up the
Donbas region combined with EU leaders sense of
urgency, given the turn for the worse the conflict
had taken recently. Putin may also have calculated
that reintegrating the rebel regions with Ukraine
alone could renew his leverage over its politics.
EDITORIAL