In a recent Supreme Court judgment in Manoharan v. State [Rev. Pet. (Crl.) No. 446/2019] pronounced on November 8, 2019, it was declared that the dissent of a judge in a review petition against death penalty would not lead to reversing the decision of the death penalty. This judgment highlighted the fact that once punishments like death penalty are awarded, any attempts at reversing such decision are difficult to succeed in cases where the circumstances clearly show that the action shocked the conscience of the society.

However, last month, the Supreme Court rehashed the doctrines of residual doubts and prudence in the cases of Ravishankar v. State of Madhya Pradesh [Crl. App. 1523/2019] and Sudam v. State of Maharashtra [Rev. Pet. (Crl.) No. 401/2012] respectively. Relying on these doctrines the Court commuted the death sentence awarded to the convicts in the review petitions so filed. The doctrine of prudence originates from the doctrine of residual doubts itself. The latter was clearly explained for the first time in the case of Ashok Debbarma v. State of Tripura [(2014) 4 SCC 747] as-

Remaining or lingering doubts about the defendant's guilt which might remain at the sentencing stage despite satisfaction of the 'beyond a reasonable doubt' standard during conviction.

Furthermore, in a 2016 case of Union of India v. Murugan [(2016) 7 SCC 1], the Supreme Court further promulgated the doctrine of special sentencing which provides for life imprisonment without any chances of remission as a substitute for the death penalty.

The reasoning of the Supreme Court in recent decisions concerning death penalty has been far from consistent. At one point, the Supreme Court is lenient and promulgates doctrines for saving death penalty thereby re-emphasizing the rarest of the rare case doctrine. On the other, the Supreme Court is ignoring the patent doubts shown by a judge of the Apex Court (the dissenting judge) in casting a sentence of capital punishment on the convict thereby neglecting the previous judgments pronounced by the Supreme Court just a month earlier.

It is not clear whether the Supreme Court truly favours keeping the punishment of death penalty but the decisions have been few and far between. It is not intended that the death penalty should be abolished but if it is a part of statute book and the legislature does not seem it appropriate to strike it off, multiple formulations of doctrines to shy away from pronouncing death penalty is also not appropriate. If such is the tendency, then the judges should bring forth some constructive suggestions as to the merits in abolishing death penalty and stick to a similar line of approach.

Amidst the New Year Celebrations, the film industry is geared up to fill its coffers through its go-to formula of patriotic and nationalist films in adverse times with the release of films like URI, Thackeray and the Accidental Prime Minister in the month of January. BJP seems to formulate its manifesto and further its interests for the 2019 elections in the garb of these films. The article aims at dissecting this statement right, left and centre.

Dhruv Rathee's tweet made me ponder over the object and the timing of the films. As the Lok Sabha elections of 2019 are approaching, the BJP wants to ensure that despite eating crow in the State elections held in the latter part of 2018, it maintains its control at the Centre. Is BJP trying to instill faith in the people that despite the pitfalls at the state level, the party can very well work at the central level? The question seems to have a pretty equivocal answer. There may be a deep-seated agenda of the ruling party in promoting these films but the authenticity and aim of the films should not be deprecated at any cost.

Many Leftist or centrists might feel that BJP is blowing its own trumpet through the URI or the Accidental Prime Minister. Yes, they may be true to a certain extent. URI highlights the apogee of the BJP rule in India and showcases the strength, might and prowess of the BJP government. The Accidental Prime Minister emphasizes on the poor and puppet rule of the INC from 2004-14. The latter is a strategy to focus on the Politics of Disgust. This is a concept put forward by Martha Nussbaum which means that politics is played at the issues which raises disgust [The Rule of Dr. Manmohan Singh (INC)] with the aim to mould the tendencies of the people away from the disgust and focus on the better. With respect to this film, I feel the allegation seems to be plausible.

Moving on, Thackeray is a movie based on the life of Bal Keshav Thackeray who founded a right-wing Marathi party in the form of Shiv Sena. The portrayal of his ideology and practices in the right-wing brackets through the film insinuates at the ideology of BJP. The launch of this film would be a furtherance of the Hindutva ideology which forms the warp and woof of the BJP.

By this article, the author does not aim at pulling down these movies in any way. The trailers are already very popular and the movies seem to be very well produced and directed especially with such emphatic actors like Vicky Kaushal and Nawazuddin Siddiqui. The movies would surely be a treat for every viewer but like Dhruv Rathee's caveat, people should not be swayed by these movies and vote unthinkably in the upcoming elections.

Please express your opinions in the Comment Section below! Happy reading!

President Donald Trump is yet again in the headlines with his insouciant remarks as the newspapers typecast them. Mr. Trump is intending at the abolition of the Birthright Citizenship in the U.S.A. This right of citizenship is conferred on the persons in the U.S. by Section 1 of the 14th Amendment to the Constitution of the U.S.A. He aims at the abolition through the executive order as per the advice by his ministers if not through an amendment to the Constitution itself. 

India Judiciary passed the test of constitutional morality with flying colours as it decriminalized the so connoted ‘wrongful’ act of consensual homosexual sex in private.[i] Homosexuality, a word which was so long refrained from being used in the social milieu can now finally be spoken with freedom without violating any unreasonable boundaries of the law. The closet seems to have finally opened with this historical judgment.

The term ‘Homosexual’ applies to a person who is attracted to people of the same sex.[ii] Homosexuality was first decriminalized in France in the year 1791[iii]. The demand for decriminalization of homosexuality in India gained popular currency with the legalization of same-sex marriage in Ireland[iv]. Given all the legal aspects, such a paramount decision will have an intriguing impact on the society. The young generation which is quite open and in favour of homosexuality would cordially welcome this judgment while the reactionaries would frown upon this judgment passed by the erudite quintet. A collateral question that arose with the decriminalization was whether this group was a deviant section or a variant one. Considering this section as a minuscule section of society, the Supreme Court in 2013[v] declared the sexual act as a deviant stoke in the society and upheld Section 377[vi]. However, it is imperative for the society to widen their parochial outlook towards the homosexuals and accept them as an ‘innate’ part of the society akin to what has been done by the SC in 2018 rather than toeing on the lines of the judgment passed in 2013.

Social Outlook

Homosexuals were hitherto rejected in the society and the primary concern that was raised was that due to the legalization of homosexuality, the customary family structure shall break down and will bring in wholesale changes in the constitution of society. This issue seems to be more of a mental block than being an issue so serious so as to deny the basic and fundamental rights to these people. The society needs to get itself out of the cobweb of traditionalism and accept modernity. 

Moreover, people like Subramanian Swamy saw them as suffering from a genetic disorder^[vii]. Treating homosexuality as a genetic disorder would not give them their rights and shortchanging their rights for any such reason would be a blot on the judicial system of the country. Indeed, the fact that the medical problems may arise due to anal and oral sex between same-sex individuals, these medical problems can be solved with proper contraceptives and protective devices. The fear of the spread of HIV/AIDS may be a rightful concern but it has been well founded by the UN Human Rights Committee that criminalizing same-sex relationship would not lead to prevention of HIV/AIDS.[viii]

Legal Outlook

The decision lucidly reflects the fact that constitutional morality shall always be upheld over social morality and that what matters is constitutional morality unless any such action under scrutiny is hurting somebody else’s fundamental fabric. Homosexuals should be seen as just another section of people living in the society who deserve all the rights and freedoms as a male or female living in India which include the marital, inheritance and other related rights.

This decriminalization has put forth umpteen questions before the policy-makers regarding their rights as citizens of India; the rights emerging out of the wedlock between homosexuals; the rights of inheritance inter alia. A whole new bunch of laws need to be framed for the homosexuals regarding wedlock and other family-related matters. The inheritance laws shall also undergo wholesale changes for this section since now the inheritors shall also differ with there being either no wife or no husband in the family structure. Moreover, the adultery and rape laws along with other provisions of IPC shall also have to be amended so as to include homosexuals in its ambit. The interpretation of the word ‘gender’ or ‘he’ as given under Section 7 of IPC shall also change so as to include the LGBT community. Furthermore, an important thing that needs not to be missed is that non-consensual sex between homosexuals, consensual or non-consensual sex in public or bestiality is still an offence under Section 377 of the IPC. The only provision that has been repealed is regarding the consensual sex between homosexuals which was earlier typecast as being ‘against the order of nature’.

India has been pretty intolerant in the recent years and this intolerance has been vented out in the form of mob-lynching. It is sincerely hoped that the society does not lynch the homosexual couples who have found a new life through this judgment.  

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[i] Navtej Singh Johar v. Union of India, W.P. (Criminal) No. 76, 2016.

[ii] Black’s Law Dictionary Online Dictionary 2nd Edition.

[iii] Scott Gunther, The Elastic Closet: A History of Homosexuality in France, 1942-Present, San Francisco, Palgrave Macmilan, 2009.

[iv] Chris Johnston, “Ireland becomes first country to legalise same-sex marriage by popular vote - as it happened”, The Guardian, 24 May 2015, available at https://www.theguardian.com/global/live/2015/may/23/counting-underway-for-irelands-referendum-on-marriage-equality (last accessed 9 September 2018).

[v] Suresh Kumar Koushal v. Naz Foundation, ‎Civil Appeal No. 10972 OF 2013.

[vi] The Indian Penal Code, 1860.

[vii] ANI, “Homosexuality is a genetic disorder: Subramanian Swamy”, Times of India, 6 Sep 2018, available at  http://timesofindia.indiatimes.com/articleshow/65707670.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst (last accessed on 9 September 2018).

[viii] Supra note 1.

Have you ever spent a whole day without mobile or spent a week without Social Networking Websites? I think the answer is a big NO. Nomophobia is the fear of living without mobiles or getting detached from mobiles even if for a small unit of time. The term Nomophobia was coined during a study by UK Post Office in the year 2010. Nowadays, the problem of being excessively attached to the mobiles has surfaced prominently. People are getting extremely addicted to mobiles and spend large portions of the day on these 'cellular' devices. This addiction started with Computers and gaming consoles and has now shifted to the mobile phones as well. This addiction might put you in a pickle. Beware!

Blackberry Thumb/ Playstation Thumb

Do you love PUBG? Are you a champion of FIFA 2018? Games like PUBG and FIFA have engrossed the youth in a magnanimous manner and has enslaved them but this enslavement may turn into a cause of a chronic injury to your thumb. Blackberry thumb (De Quervain's Tenosynovitis) is a medical problem that emerges due to extensive strains on the nerves of the thumb causing a Repetitive Strain Injury (RSI) which may cause numbness in the thumb and ache even on the tip of the thumb even while resting. And surprisingly, this problem has a tendency to spread to the whole of the hand.

Cell Phone Elbow

You must have seen that advertisement of Idea unlimited Recharges which boasts of its calling plans so as to allow you to talk freely and enjoy non-stop videos. Good thing han! But have you ever noticed the angle at which your elbow is bent while you talk to someone on the phone? A serious problem in the form of Cellphone elbow (Cubital Tunnel Syndrome) may soon come to the fore. It is scientifically proven that if the elbow is continuously bent at an angle of more than 90 degrees then this causes an adverse impact on the elbow. The extra bent on the elbow causes the nerves to stretch around 5 to 8 mm more and thereby making it prone to tearing!

Ringxiety

Have you ever experienced that you felt your phone was ringing and then you found that you were mistaken or that you are too anxious to pick up calls? This might be a medical illness which is more often seen in people who have attachment issues or are lonely. Ringxiety is a portmanteau of Ring and Anxiety and has also been named as the Phantom ringtones or Phantom vibrations. The excessive urge or craving for talking or receiving phone calls might put you up for some diagnosis! This ringxiety creates a huge impact on your brain making you more and more anxious and unsteady and even more addicted to the phones.

All these issues have come up as a ramification of the universal problem of Nomophobia. This is not a joke and should not be taken lightly; rather affirmative steps should be taken to reduce this addiction and change from smartphone zombies to social butterflies!!

Please express your opinions in the comment section below. Happy reading!

 

The US has asked countries to cut all oil imports from Iran as it seeks to starve the nuclear stronghold and the rising economy of Iran after bailing out of the "Iran Nuclear Deal framework" citing reasons of it being the most incompetent and one-sided deal. This deal was signed among Iran, the P5, Germany and the European Union. The unilateral sanctions imposed by the US in the recent days has brought to forth several problems for the Oil importers like India and China among others.

The sanctions so imposed by the US brings to the face severe economic problems for India. Iran was the second highest source of Oil Imports for India, second only to Iraq, and it exports 5.6 Million Metric Tonnes to India. This huge import from Iran, if stopped, would create a huge economic slump in the Indian market and would open up the Indian economy. India has applied to the US for some waivers or sanctions regarding the Iranian oil imports and it hopes to get some relief through them. If not, India will have to take a tough call in choosing between Iran and the US and this call might shape all the future diplomatic relations with the US and even with other oil importers like Saudi Arabia.

If India abides by the US sanctions

Firstly, If India follows the mindless US sanctions on Iran, then India will have to depend more on other countries for oil imports and which shall create a huge financial burden on the economy. Secondly, if India cuts off all the oil imports from Iran, it will ruin all the friendly relations of India with Iran and this shall also have an abysmal impact on the Iran economy.

If India defies the US Sanctions

This step would surely define India's character in the International arena and would pose India as an independent nation not guided by a country's unilateral sanctions. Also, this would disrupt its relations with the US and will have a detrimental impact on the Indian economy and would invite some troublesome actions and reactions from the Trump Ministry against India. On the other hand, this will continue to strengthen India's relations with Iran. Moreover, if India defies US Sanctions, this would make Chinese case stronger since the US and China are at loggerheads in concern with their economic relations. Another negative impact that is probable is the worsening of India-Saudi relations since Saudi is on the side of US in imposing these sanctions and if India-Saudi relations are adversely affected, the third-highest oil exporter to India may be on the route to stop such exports if it continues to stick to the US.

As Sushma Swaraj has recently declared that India is not guided by any country's unilateral sanctions and shall only abide by the United Nation's sanctions, it pretty much makes India's stand clear. This announcement comes after the Iranian foreign minister came to woo India in continuing with the oil exports. But only time will tell if this act was with the 'permission' of the US or an act against the 'diktats' of the US.

On the occasion of the World Emoji Day that is celebrated on 17th July, let us get into some history of emojis and how they have completely encapsulated our emotions in the keyboard.  The World Emoji Day was first celebrated on 17 July 2014 by Emojipedia founder Jeremy Burge. 17th was chosen because it was the date that was displayed on the calendar emoji on the Mac.  (Don't go and look at your phones for the 17th now, you'll sadly find only 24th there!!)

Origin

Emoji is a Japanese word that has can simply be broken down into E ("picture") + Moji ("character"). They were created by Shigetaka Kurita. The similarity with emotion or emoticon is purely incidental and emoji does not arise from any of these words and this is the reason why these emojis are more than just emotional expressions. Emoticons are like this :-), :-D while emojis are as described in the photo. The emojis first came up in the Japanese mobile phones in the year 1999 and they became worldwide only in 2010 when they were used in various operating systems. These emojis are assigned values through the Unicode system and surprisingly as of July 2017, there are 2666 emojis on the official Unicode list. 

The Eggplant Controversy

The eggplant controversy relates to an emoji that displayed eggplant (U+1F346) was being made to represent a penis in America. Several posts started cropping up on Instagram with #EggplantFridays in reference to the penis and so the hashtag related to this eggplant emoji were banned by Instagram citing policy violations against nudity and sexual content. 

Similarly, a gun controversy has also taken place. The gun was creating fear and causing violence in some places and so in August 2016, Apple changed the gun emoji (U+1F52B) from a realistic revolver to a water gun.

A New Language?

Emojis have reduced our emotions to some Unicode characters. For after almost every second sentence in an online chat we are using emojis. These emojis have been very diverse and versatile in their representation of different emotions and thoughts. These emojis are very often used in conversations online and they effectively represent our emotions to the opposite person and helps us express our thoughts and expressions in a better manner. But, it should also be understood that as is non-verbal gestures for spoken communication, so is an emoji for written communication. So, its use is very viable and useful but does it have the capacity to replace the normal mode of communication or the written language is a big question.
Stay Expressive!!

Please express yourself in the Comments Section!

Hindustan jab Hindustan nahi bana tha tabse politics ki macchhi ko dharm ke tel mein fry karte hue aaye hain- Nawazuddin Siddiqui, Sacred Games

Shashi Tharoor's remark on the creation of a 'Hindu Pakistan' on the victory of BJP in the upcoming elections in 2019 has sparked off a humongous hue and cry. This hullabaloo was created mainly by the BJP followers who saw this as an attack on Hindus rather it was a portrayal of a probable picture of India in the coming years given such Hindu-oriented policies and practices adopted by the incumbent party that is causing subjugation of the minorities. This remark is seen as an attack on the democracy of India and an assault on the principles and the constitution and what not!

The fact that I chose a quote from Sacred Games was that this show is also creating a huge ruckus. The incumbent party is aiming to curb free speech and expression on such content. This act also portrays the authoritarian character of the government. Whatever happens in the society that goes against the government should be condemned and curbed. This kind of practice is absolutely unacceptable in a country like India which prides on its democratic principles.

The increasing Hindu-oriented policies and programmes that have been brought forward by the so-called secular party are increasingly making the minorities feel alienated and subjugated. Tharoor's remark hinted at several intolerant notions that have been persisting in India and which are so much rooted in the Indian soil that lynching seems to be the only solution. The RSS ideology is being disseminated in as many people as it can be so that more and more people get swayed by the policies of BJP. Albeit, BJP has always distanced itself from RSS, it was and it will continue to be an offshoot of RSS and will follow its ideology.

It has turned out to be a common practice of every party to toy with people's emotions by amalgamating religion and politics. This ploy almost inevitably is foolproof and works well in garnering votes for any party. If a party is unable to get votes with a practical manifesto, this ace up their sleeve surely makes them win the rummy game of elections. It is saddening to see the parting away of Congress from Shashi Tharoor over his 'irksome' remark. It shows how fickle-minded the political parties are and how quick to change sides when an inflammable situation circles around them.

The rise of an intolerant India which would subjugate the minorities and make the government the Big Brother who is watching you every moment would drive this country into the Bermuda Triangle. Shashi Tharoor wanted to manifest such fears with his statement when he said 'Hindu Pakistan'. Pakistan is infamous for subjugating the minority and promoting the interests of the Muslims. This malign inclination towards majority should never be the face of the Indian democracy. Tharoor has been summoned to a court in Calcutta. Let's wait and see for how long does he continues to be in a soup.

This write-up definitely puts up some crucial questions to answer. Please express your views in the Comments Section below. Happy reading!!