Section 377 of IPC

“I am shocked. The battle is lost but the war will go on,” said senior advocate Anand Grover, who represented Naz Foundation, a gay rights advocacy group. The statement was said after the Supreme Court refused to review the petition filed by the filmmaker Shyam Benegal, feminist activist and writer Nivedita Menon, Voices Against Section 377 and other prominent activists.

The entire episode is in context of the December 11, 2013 judgement of the Supreme Court (SC) declaring Section 377 of the Indian Penal Code (IPC), 1860 as constitutionally valid and thus over-ruling the July 2, 2009 judgement of the Delhi High Court which decriminalised consensual sex among adults irrespective of gender. A public outrage was  the immediate result of this verdict by the SC and a sort of injustice was on the offering for the Lesbian, Gay, Bisexual and Transgender (LGBT) community.

Section 377 of the IPC, 1860 says that whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. It has been more than 150 years and the hunt for the rights of the minority group are still continuing. The world has moved from a colonial era to a globalised and liberalized atmosphere where the vice of apartheid, racist approach has taken a backstage and a progressive society is the aim and that too inclusively. Many international forums have taken birth with their specialized groups-of-focus like women, disabled and are successfully raising their voice to get their long due from the society which has failed them for generations. Navi Pillay, the United Nation Human Rights chief, in this context said that the judgement violates the rights to privacy and to non-discrimination mentioned in the International Covenant on Civil and Political Rights, which India has ratified. Same-sex marriage is recognized in the Britain, Uruguay, New Zealand, Netherlands, Spain, Canada, Sweden, Norway, France, Belgium, Iceland, Argentina etc. It is no doubt a proof of the maturity of the nation and its tolerable nature to allow the minority to make “love” according to their wish. India, at this juncture, has shown little political initiative to take decisive action. Pope Francis of Vatican City said in this regard: “If a person is gay and seeks God and goodwill, who am I to judge him;” and this when Italy has a law against LGBTs. This is the greatness and humility of the faith-keeper of the church.

Let us now look at the current scenario, various views by different sections and the future course of action possible at the political and legal level to give the minorities their rights. These days, after the judgement, several critical opinions are floating in the public domain with everyone with his own version of section 377. One of the views goes as what the SC thinks as “unnatural” with regard to the section 377 might not be true for the liberalised and modern society which has moved ahead of 1860. Others believe it violates Articles 14, 15 and 21 of the constitution which guarantees equality, liberty and a right to live a dignified life. In one of the recent case, SC held that delay in granting mercy petition can be a sufficient cause for clemency of death sentence. This judgement was appreciated by all including the Human Rights activists as it sought to provide a dignified life even to the persons who have committed serious crimes, which is a basic fundamental right enshrined in the constitution. In the light of the above ruling, SC must have protected the fundamental rights of those minorities too whose voice is not as strong as the powerful ones. This could have certainly enhanced the credibility of the institution as the protector of fundamental rights of its citizens. Thus, one of the editorials in The Hindu correctly termed it as “A lost opportunity”.

Having said that, there is still reason to be optimistic as said in the very line “The war is not lost”. This is because the Supreme Court judgment had given clear power to the legislature when it said: “Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377, IPC, from the Statute Book”. However, to critically look at the motive of the political parties when election is knocking at the door, it would be a bold step, if taken. This is because no party would like to play with their voters in the rural areas and even the older generation with  whom the judgement would have probably found resonance to. Also, the steps taken by the central government which sought for the review of the judgement was believed to be misleading the public. This is because “review petition” was not the best solution at this instance according to the legal experts. It was in order to show solidarity and gain the support of such people who are against section 377. This is because the parliament has full authority to repeal the act and could have done it smoothly without much delay.

At the end, it would be grossly unfair to say that these communities are very miniscule in number and hence section 377 was constitutionally valid. This is what SC wrote in its judgement and the institution has found no supporter for its view. This is because unlike elections where the candidate needs majority support, law does need to be only for the majority. As far as social acceptability is concerned, we as a nation have moved far ahead in our path of development and have left such regressive ideas behind. To maintain a fair society, law must not encroach the “bedroom” of its citizens as was correctly pointed out by Chapal Mehra in one of his articles in The Hindu: “A love must be equal in the eyes of law”.

BSBE sports event: A lesson to learn

In a country like India where there is tremendous hierarchy, a gap between rich and poor is the reality, but there are some rare occasions where all such differences dissolve and we blend into oneness.  It was on 10th November, 2013 that a sports event in the department of BSBE was held. The game selected was "obviously" Cricket and the event got huge response from the students as well as the faculty members. It was brilliantly executed by the organizing team mainly consisting of PhD students. The main reason this article was written is the theme of "inclusion of all members under one umbrella".

            That Sunday morning was really something special. Unlike every day, we did not maintain a very strict demarcation of who was a faculty member, a post graduate or an undergraduate. From a staff in the department to the faculty including the HOD, everyone shared the same enjoyment on the ground. That high-five with the professors and other members gave a unique kind of happiness to me. The praise from the professors when one hits a ball or gets a wicket was something very special. The scenario was such that the intermingling among the professors, the students and the staff of the department brought about a story which is not seen in general in our country. Where we can easily differentiate between the haves and have-nots, low and high and other barriers, the event seemed to be a striking lesson for everyone. Winning was probably not the goal for many in that event, the aim was to include all. I am almost sure that no day could see as many "happy faces" in the department as that one on the special Sunday.

          It is a sports event that has been able to start this feeling of togetherness, but this feeling should be actively maintained by our routine interactions by imbibing the same spirit.

          It is very true that sports bring togetherness among people of a nation. When one is watching the national team play, one forgets his/her status for a moment and the only thing that seems to be true at the moment is the victory of the nation. In that happiness, one feels that we as a nation have won. The moment we generate this feeling of "we", is the one we are striving for and this is what humanity is all about.

         I hope, in future, this feeling of oneness will spread and the gaps are reduced. These small events (which bring everyone together) can really act as an antidote and bring miracles in the society. I hope that every walk of life would be like that game of cricket where everybody had equal ‘opportunity’ in spite of their initial conditions.

हे भारत !!

हे भारत देश, तुम जागो
पहचानों अपने शक्ति को
याद करो उन वीरों को
समझो अपने इतिहास को
सोचो इन परिस्थिति को
कुछ करने कि जरूरत को
कुछ बदलने कि चाहत को
करोड़ों मन के सपनों को
उन सपनों को बुनने को
हे भारत देश, तुम जागो !

                                        एकता के उन इशारों को 

                                        जाति-भेद के नकारों को 

                                        आँसुओं के उन टप टप को 

                                        गम में डुबे उन चेहरों को 

                                        सेना बल के तकलीफों को 

                                        आम जनता के लाचारी को

                                        थम कर बैठी आशाओं को
                                       उनपर जीतने की चाहत को
                                       समय के उस शीघ्र गति को
                                       उस गति के साथ चलने को
                                       हे भारत देश, तुम जागो ! !

Unemployment: Hitting the right area

Youth employment presents before us a grim situation which needs attention before it explodes further and causes the economy to drive itself to crisis. Not only India but major European and North American countries are facing the heat. Debate is what follows any survey about youth unemployment. However, the situation demands action, not rhetoric. The problem of unemployment in India needs a multidimensional approach to explore possible solutions. Our basics must be set right in order to create an ecosystem to generate employment. With a population of over 1.2 billion (with around 66% in the age group of 15-35) and an open economy, a crisis-ridden developed economy too has some effect on a developing economy like ours. However, if the internal structure of the country is corrected and dependence is gradually reduced, by focussing on our own strengths, we can overcome a crisis. Since, our nation is primarily agriculture based involving more than 50% of its work force, we must direct our energies towards improving this area. To tackle the problem of lack of opportunities, agricultural sector will act as an important resource. Youth participation in the agriculture sector is low, largely because the sector is perceived as unattractive due to risks, costs, inefficiency and its labour intensive nature. As such, motivating the youth to view agriculture as a career opportunity will require a multi-pronged intervention. Compulsory courses in agriculture are needed to sensitize the younger generation towards this field. It is basically an inclusive idea as agriculture is carried out mainly in the rural areas where young people have no opportunity, and are forced to move to cities for jobs. The demand and supply mismatch for jobs in developed cities will be tackled, making the people and the country self-reliant. The use of Information and Communication Technology (ICT) will take the efforts to a new height. The emerging Youth in Agriculture Strategy will demonstrate interest in technology, efficiency and a strong voice in the decision-making processes. Government, NGO’s, agricultural specialists must engage themselves with this idea. If implemented efficiently, it will be a revolution in the field of agriculture.

It is not the young, but the young with no skills which prevents the youth from getting employed. A recent report says that as many as 47% graduates in India are not employable for any industry role. As Mr. Hamid Ansari has recently observed, the system should be aligned to the skill and manpower needs of the market. There is a need to expand the practical dimensions of education and create opportunities for gaining hands-on experience. The German strategy, which says that successful market-oriented education consists of 3 to 4 days at the workplace and 1 to 2 days of formal education, is perhaps the best in this regard. Also, due to high competitiveness in the world, we must prescribe and enforce stringent standards for teaching, examination and research to gain the required set of skills. This again calls for specificity and need oriented educational approach which includes vocational training too. If we can successfully provide the youth with opportunities to showcase their talent, there will certainly be a situation of “Right men at Right work”, thereby reducing the problem of underemployment.  We must do everything possible today to give young people the skills, education and employment experiences they are asking for. If we do, we can be confident that we will see a world where environmentally sustainable economic development is the norm; a world without extreme poverty and hunger; and a world where women and men have achieved social equality. That is the world today's young people want. Let's give them the tools to build it. 

अमावस से पुकार

अमावस की काली रातों में

जीवन तलाश रहा  हूँ

उम्मीद मन में  लगाये

कोई रौशनी की किरण

चाहे दूर हो या पास

जो छु ले तन को

जो मन को टटोल दे

जो इस कमजोर शरीर में

जान की खुशबु डाल दे

जो फिर से मन को समझा दे

जो फिर से कानों को बोल जाये

जो सागर की लहरों की तरह आये

और तन को छुकर मोहित कर दे

जो पर्वत की तरह कठोर हो

पर मन माताओं जैसी कोमल 

जो फूलों से चुराकर

खुशबु मुझपर बरसा दे

जिसकी धार तलवार जैसी हो

पर अहिंसा से प्रेम करती हो

जिसमे नीम सा तीतापन क्यों ना हो

पर जरुरत में दवा बन जाती हो

जिसमे पीतल से भी कम चमक ही हो 

पर मेरे भाग्य को चमका सकती हो 

जो बच्चों जैसी चंचल क्यूँ ना हो

मुझे धैर्यवान बना सकती हो

जिसे अपने ऊपर गर्व हो तो क्या

मुझे झुकना सिखा सकती हो

यही एक छोटी सी बिनती है मेरी

एक ऐसी ही किरण की तलाश है

इस अमावास की काली रातों में !!! 

Note: It is for the first time I am trying my hand at writing poem. It took me nearly 4 hours to write this short poem. 

Leader, but not to be proud

THE former President of India Mr. A P J Abdul Kalam always reiterate in his speech to the youth of this highly diversified nation regarding the great mission of making India a Superpower by 2020. I do not know how we will be able to realize this dream of such a great and inspirational person of our time. The reason that makes me nervous (not nervous I suppose, but sad) about the thought is because of the today's headline which reads " India has 40 per cent of world's malnourished, says expert".  Apart from this the current economic state of India with rupee slashing down with respect to USD, lowest growth of the last decade (2012-2013 financial year growth data), the debt ($172 billion) , which is the sum of short-term debt as well as long term debt maturing the same year (31st March 2014), of India  is approximately 60% of it's foreign exchange reserve and what not. In that case, we have six and a half years left to hit the mission. I would like to wait and watch till I comment anything on the economy as I think it is premature to judge the sudden fall in the economy which is forming a vicious cycle at present with both Current Account Deficit and Depreciation of rupee hunting us together. My main focus, thus, will be regarding the health prospect of India.   

We are surely the leaders of the world in terms of the number of malnourished children. Before beginning to put pen to paper on the impact of such condition on the development prospect of India, let me write the definition of malnutrition: It basically refers to a situation where lack of certain nutrients, necessary for key physiological functions, is observed among children. Sometimes, it also refers to those cases where children are over-nutritioned. Overall, it is necessary for children to have a balanced diet which is required at that particular age. However, in general, children suffers from malnutrition (state of overweight, stunt growth etc.) because of low nutrition resulting out of poverty, hunger etc. According to the UNICEF data, 1 in every 3 of the world's malnourished children lives in India. On one hand, India is being counted as one of the front-runner among emerging economies and it's state of economy being compared to some developed nations. At the same time, on the other side of the story, we are being compared to Nepal, Pakistan, Bangladesh, Nigeria, Sub-Saharan Africa etc. As a matter of surprise, we are even behind these countries when it comes to the data of malnutrition. 

Looking from the manpower perspective, India is one of those nations having no dearth of manpower to work on it's various projects and contribute to the economy of nation. Some of the European nations promote immigration (with some regulation) in order to supply manpower to it's various industries such as IT. Very recently, the American President Mr. Barack Obama said in a discussion with the business leaders that they need to create a system so that they can attract the young and brilliant minds to do business on the American soil. Inspite of looking at the need of different countries, our policy makers fail to appreciate the need to promote health of its citizens (specially those children under 5 who are vulnerable to various shortcoming in their health bcacuse of their specific requirements) who in the long run might provide the brain to boost up the economy of the country. It is not a rocket science to understand the relation between manpower and development which goes as: If we have large manpower sufficient for every industry which includes education, agriculture etc., there will be more production, more invention as more ideas are working together, more development. However, it is easier said than done. There are several intermediate variables like efficiency, gender equality etc. which needs to be addressed in order to realize the full benefit of having huge manpower. By not able to save the young children, we are inviting a dark future.

India has no dearth of programs to tackle health issues of children. Some programs under the banner of Government of India in this direction includes: 
(a) Midday Meal Scheme in Indian Schools.
(b) Integrated Child Development Scheme.
(c) National Children's Fund.
(d) National Plan of Action for Children.
(e) National Health Mission.
The main objective of all the programs mentioned above it to promote the welfare of children. Programs like Midday meal scheme deals with providing nutritional meal, according to the nutritional norms given by the Government of India, to children of Government and Government-aided schools in India. While ICDS has the task of educating pregnant and lactating mothers about the nutritional requirements of a child. They also provide health services, supplementary food. The objectives of National Rural Health Mission are to reduce the Infant Mortality Rate (IMR) and Maternal Mortality Rate (MMR), provide universal access to public health services, prevent locally endemic diseases, promote healthy life styles etc.  

According to MG Venkatesh Mannar, president of Canada based NGO Micronutrient Initiative, India has all the policies and programs required to handle the problem but there is no proper implementation. Our system regarding the implementation of such policies revolves around many ministries like Ministry of Women and Child Development, Ministry of Health, Ministry of Rural Development. Thus, it is a herculean task to implement any policy as it has to go through many hurdles. He also believes that lack of co-ordination between the central and state government is another obstacle in the solution of this problem. 

In the research paper, " Mercedes de Onis, Edward A. Frongillo & Monika Blossner: Is malnutrition declining? An analysis of changes in levels of child malnutrition since 1980", the authors have clearly shown that stunted growth and development can hamper their academic performance and clearly the ability to contribute to the society. The policy-makers thus have to understand and take the burden on their shoulders that the nutritional status in children is one of the major indicators of developments and will play a key role in not only the economic development but also the development of society as a whole. We, as a Nation, certainly need a mass movement to protect the young children. The problem itself does not provide any solution, rather we have to join hands and pledge as a responsible country towards those young minds to protect them from malnutrition. At last, I just want to rewrite the statement in the banner which says, "Let's take a pledge together to rid India of malnutrition"