All posts by Lawrence Liang

Debates, Law, Right watch, Violence/Conflict

Remembering Balagopal – Thought, Action and the Moral Imagination of Human Rights: Arvind Narrain

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Guest post by ARVIND NARRAIN, based on a talk given at the Kannada book release of Inner Voice of Another India: The Writings of Balagopal, at National College Basavangudi, Bangalore, 30 October, 2010

Remembering Balagopal: Thought, Action and the Moral Imagination of Human Rights  [i]

Introduction

One  year after Balagopal’s death, what remains with us are memories of the number of times he spoke with such eloquence on  human rights issues on his numerous visits to Bangalore.  We also go back to his writings in the EPW  which show the clarity of his thought. Be it his speeches or his writings , it was clear that for Balagopal words were tools he used to express thought. Language for him was not something which served to obfsucate meaning and muddy concepts, but rather a tool which had to be used to clarify difficult ideas and cut through conceptual confusions. In George Orwell’s striking phrase, both his writing and his speeches had the clarity of a windowpane. Continue reading Remembering Balagopal – Thought, Action and the Moral Imagination of Human Rights: Arvind Narrain →

Law, Media politics

The Restitution of the Conjugal Rights of the State

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Despite the many thoughtful critiques of the relationship between family and the state, I have always found it a little surprising that there is very little commentary on the relationship between two strange legal fictions. The first is the idea of the restitution of conjugal rights (RCR), and the other is sedition. The restitution of conjugal rights basically consists of the right of a spouse to demand that his or her- though more often his than her- spouse cohabit with him after she has ‘withdrawn from his society’. Away from the misty world of legal euphemisms, we all know what this means: that you can be forced to sleep with a somewhat less than pleasant person against your wishes. A legal commitment to love in a marriage is a serious thing indeed which only warns us that we must proceed with such a choice very carefully.

But like many marriages, the question of choice is somewhat restricted for many people- as is indeed the case of the choice of loving your country. After all isn’t sedition a crime of passion, and the punishment of an offence of the withdrawal of love for your nation. It is interesting to see that while treason in Sec. 121 of the IPC is about the waging of war against the state, sedition is about a forced love. It is about the creation of ‘disaffection’. As Nivedita Menon points out in her post, disaffection means “the absence or alienation of affection or goodwill; estrangement”.

A legal commitment to love your nation is also a serious thing indeed, and what then is the punishment of sedition if not, the restitution of the conjugal rights of the state?

Capitalism, Government, Violence/Conflict

Interim Report of the Independent Fact-finding Team on the Sompeta Firings on 14 July 2010

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Interim Report of the Independent Fact-finding Team on the Sompeta Firings on 14 July 2010

The fact-find team (FFT), under the leadership of Justice P.K. Misra, former judge of the Orissa High Court, was an initiative of certain public-spirited individuals and organizations who were deeply concerned at the firing on the people protesting against the proposed thermal power plant by the Nagarjuna Construction Company (NCC) near Sompeta in Srikakulam district of Andhra Pradesh. The firing occurred on 14 July 2010 in which two persons died and five were injured by bullets (including a cameraman of TV-9 Telugu channel). In the events prior to the firing, about 300 people belonging to the neighbouring villages opposing the power plant and about 50-60 police personnel were injured.

During 24-25 July, the FFT visited Palasapuram, Lakkavaram, Isakalapalem and Ramaiahpatnam villages in Sompeta Mandal and talked to the local people who are resisting the proposed power plant to protect their life and livelihood. The Team met the District Collector, Mr. Srikanth (on the evening of 24 July), held discussions with the representatives and members of Sri Sri Sri Kanakadurga Taapi Mestri Sangam and Kalinga Vysya Sangam in Sompeta town, and visited the Government Community Hospital in Baruva Panchayat to meet some of the injured persons undergoing treatment. (Our effort to meet an injured police officer undergoing treatment in the Seven Hills Hospital in Vizag did not prove successful as he was discharged by the time we went there on the evening of 25 July).

Continue reading Interim Report of the Independent Fact-finding Team on the Sompeta Firings on 14 July 2010 →

Debates, Law, Right watch

Courage Craft and Contention: Human Rights and the Judicial Imagination

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On the 12th of June, the Alternative Law Forum (ALF) celebrated its tenth anniversary with a public lecture by Justice A P Shah and Prof. Upendra Baxi on the topic Courage Craft and Contention: Human Rights and the Judicial Imagination.

We are happy to share the transcript of the lectures.

Capitalism

In Search of the Postcapitalist Self

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An issue of e-flux journal which may be of interest to many readers of Kafila.

No. 17: In Search of the Postcapitalist Self is guest-edited by Marion von Osten as her contribution to the 6th Berlin Biennale.

Summer 2010

Available online: e-flux journal no. 17: In Search of the Postcapitalist Self, guest-edited by Marion von Osten

A number of alternate, informal approaches to art and economy that arose in the Berlin of the 90s created a great deal of space and potential for rethinking relations between people, as well as possible roles for art in society. Today, however, much of this hope has since been obscured by the commercial activity and dysfunctional official art institutions most visible in the city’s art scene, and though many of the ways of living and working that were formulated in the 90s are still in practice today (not just in Berlin), many of their proponents acknowledge a feeling that the resistant, emancipatory capacities inherent to their project have since been foreclosed upon. Our interest in inviting Marion von Osten to guest-edit e-flux journal’s issue 17 had to do precisely with this widespread, prevailing sense of rapidly diminishing possibilities in the face of capitalist economy, and her extensive issue offers a broad and ambitious reformulation of how we might still rethink resistance and emancipation both within, and without capitalism—even at a time when alternate economies move ever nearer to everyday capitalist production, and vice-versa.

—Julieta Aranda, Brian Kuan Wood, Anton Vidokle Continue reading In Search of the Postcapitalist Self →

Bad ideas, Debates, Law

The ban on SIMI and Indian democracy

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Dr Shahid Badar, national president of Students Islamic Movement of India, recently decided not to contest any more the ban on SIMI, his stated reason being:

“to put an end to this mindless, futile, unequal, unethical and unjust exercise in which the Government has shamelessly used the Judiciary to achieve its ends of casting a shadow of criminality on the entire muslim community.  I have therefore chosen not to contest the declaration of the central govt.”

This is the full text of the affidavit filed by him before the Unlawful Activities (Prevention) Tribunal.

Continue reading The ban on SIMI and Indian democracy →

Everyday Life, Mirror Worlds

Trickster City

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Trickster City, the English translation of Behrupiya Shahar, a collection of writings on Delhi by young writers was launched on the 12th of February at Sarai. During the event the writers performed segments from their new work which is excerpted below for those who missed the event, or those who simply want to read the texts. The details of Trickster city is also provided below the text.

Translation of the writers’ text

Azra Tabassum:

They say in Delhi, there are no red lights; there are only the hands of strangers.

We, along with all our co-writers of Trickster City, who are among the audience, welcome you all. We would like to thank Ankur and Sarai, along with whom we have made, through Cybermohalla, a generative space. A space where we pose and think through our most challenging questions. We thank all our co-travellers, who argued and debated with us, challenged us further as we wrote and questioned. Continue reading Trickster City →

Violence/Conflict

The Passing Away of a Hero – Goodbye Balagopal

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A sense of irony is the only way for me to describe how I felt when I heard about Balagopal’s death. Ordinary people leading ordinary lives die of heart attacks. And despite the simplicity with which he led his life and interacted with people, every time one met Balagopal or heard him you always  knew you were in the presence of someone extraordinary. Whenever he left after any meeting, Balagopal left you a little scared about whether you would ever see him again. As a result of the position that he took- against the violence of the state as well as the violence of the Maoists, you were always left with the lurching fear that any point of time, you would be given the news that Balagopal had been killed in an encounter.

At the same time it is perhaps not surprising that despite living a life which was scripted towards a violent death, it was only appropriate that his death transcended any partisan act of violence. Film maker Deepa Dhanraj captures the essence of Balagopal when she describes him as a ‘moral force’ whose authority emerged from the integrity with which he led his life and the courage with which he stood by his belief. If Balagopal was a regular anti violent activist or a pacifist, then there would have been nothing surprising about his stance on violence, and to argue for the importance of non violence would hardly be an act of courage. But for someone who had spent a better part of his life in struggles, and in battles against the impunity of the state, the commitment to an ethical position on violence becomes a deeply ethical choice of bravery.

Continue reading The Passing Away of a Hero – Goodbye Balagopal →

Identities, Law, Right watch

Right to Read Campaign

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Right to Read Campaign – Problem Statement

Millions of Indians are unable to read printed material due to disabilities.
There are technologies available which can help them read print if the
material is converted into an alternate format such as large print, audio,
Braille or any electronic format. While the Indian constitution guarantees
the “right to read” as a fundamental right, the copyright regime does not
permit the conversion of books into accessible formats for the benefit of
persons with print impairment, as a result of which a “book famine” is
created. International conventions that India is a party to specifically
require India to amend its copyright laws for the benefit of persons with
disabilities and to make available information and material to persons with
disabilities on an equal basis as others. Publishers also do not make books
available in accessible formats as a result of which less than 0.5% of books
are available in accessible formats in India. As a result persons with print
impairments get excluded from the education system and it impacts their
career choices. In addition to this, there are no national Policies or
action plan to ensure that publications in accessible formats in all Indian
languages are available to persons with print disabilities all over the
country.

Objectives of the Right to Read Campaign

·    To accelerate change in copyright law
·    To raise public awareness on the issue
·    To gather Indian support for the Treaty for the Blind proposed by
the World Blind Union at the World Intellectual Property Organisation
(WIPO).

This campaign is part of the global Right to Read Campaign of the World
Blind Union.

As part of the campaign we are creating audio visual clips of eminent
persons, celebrities etc. supporting the Campaign. If you know any eminent
persons, celebrities etc. who are willing to support the campaign do mail me
(rahul.cherian@inclusiveplanet.com) so that we can arrange for their
testimony to be recorded. Your support is vital for the success of this
campaign. More details will follow.

Law, Media politics

Watching Films Blindfolded

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(Published in Himal, September 2009)

Sometime in 1996, the High Court of Andhra Pradesh received an anonymous letter informing the court that pornographic films were being shown in a cinema hall called Ramakrishna 70MM. The court proceeded to send two ‘lady advocates’ to ascertain the facts. In their subsequent affidavit, the advocates informed the court that they had gone to watch a film in the theatre and, after repeated obstacles – the ticket seller refusing to sell them tickets, the doorman asking them to go home, etc – they finally managed to find a seat inside the theatre. There, they were promptly informed by the manager that the film that was to be screened could not be seen by ladies, and they were ordered to leave. Following the report by the advocates, the court proceeded to have all the prints seized, and arranged for a screening for various officers of the court. The officers found the films to be a hodgepodge of short films, films-division features, advertisement films, political-party propaganda films, Hindi and Telugu feature-film bits and, of course, lots of porn clips thrown in for good measure. The court then ordered the closure of the theatre.

This would seem like just another day at the office for someone interested in the relationship between law, cinema and sleaze. But let us pause and consider one moment in this narrative a bit longer, as it contains a key to understanding the secret relationship between law and cinema. Let us look more closely at the moment when the officers of the law are huddled together in a small dark room, with notepads and pens, watching a montage of images – what must that have been like? Was there a conspiratorial silence when the nude descended the stairs, or a nervous giggle when the camera lingered for a second too long on the French kiss?

Continue reading Watching Films Blindfolded →

Bad ideas, Media politics

Search No More

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A new search engine ImHalal.com promises a more spiritually cleansed experience of the internet (“Search Halal, I am Halal!”). With three levels of Haram content defined, the search engine either throws up no results or warns you that a particular search  term is rated at  2 and could  and have potentially haram content before you proceed at your own moral peril

Everyday Life, Government, Identities, Technology

Expert Committee on Metadata and Data Standards for Personal Identification

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There has been considerable debate on the politics of the Unique Identification. It is claimed that the ID card will not be a citizenship card, and the government expert committee has just released a document with the standards for identification. It would be good if we could have some people who could interpret this data for us and what it means for people concerned with the long term impact of the UID

Draft Person ID Codification

http://egovstandards.gov.in/public-review/egscontent.2008-09-04.3708808455/at_download/file

Generic Data Elements-

http://egovstandards.gov.in/public-review/meta-data-and-data-standards-for-application-domains/egscontent.2007-07-26.5506235821/?searchterm=Generic%20Data%20Elements-%20Final.xls

Culture, Law

Striving for Magic in the City of Words

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By LAWRENCE LIANG and SIDDHARTH NARRAIN

(Published as Magic in the ‘City of Words’ in the August 2009 issue of Himal)

After agitating for many years against the existence of Section 377 of the Indian Penal Code, which criminalised homosexuality, it is understandable that the Delhi High Court’s 2 July decision in the Naz Foundation case, decriminalising homosexuality, has been welcomed and celebrated by the LGBT (lesbian, gay, bisexual and transgender) community. But to see this decision as a victory of the LGBT community alone would be to do injustice to the Delhi High Court’s remarkably progressive and well-reasoned decision, and the immense potential this judgement has for changing the course of equality jurisprudence in India. It would also display a very narrow understanding of the relationship between constitutional change and social movements striving for a more just and democratic society. Continue reading Striving for Magic in the City of Words →

Law, Movements, Right watch, Sex

Is the Naz Foundation decision the Roe v. Wade of India?

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There are surprisingly few constitutional cases in India which have had the same symbolic power that cases like Roe v. Wade (affirming the right of abortion) or Brown v. Board of Education (dissolving racial segregation in schools) have had in the political history of the United States.  For sure, there are a  number of important constitutional cases which have contributed significantly to the democratic history of India. Kesavananda Bharati’s espousal of the basic structure doctrine, Maneka Gandhi’s introduction of due process in Art.21, but these cases  seem to have an appeal largely within the legal fraternity. They are also cases where the relief sought by the petitioners have had little to do with the final outcome of the case, and it is highly doubtful whether his Holiness Kesavananda Bharati had any investment in the long term impact of the basic structure doctrine (not to mention that Kesavananda Bharati just doesn’t roll of the tongue as easily- in terms of recall value).  Is it possible then that Naz Foundation v. Government of Delhi is the first equivalent of a case whose name conjures up the history of particular struggle, celebrates the victory of a particular moment and inaugurates new hopes for the future.

Continue reading Is the Naz Foundation decision the Roe v. Wade of India? →

Bad ideas

SC Order on Blogger

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:)

finally the order, and so its definitely not precedent in any manner Continue reading SC Order on Blogger →

Law, Media politics, Movements, Right watch

Bloggers and Defamation

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Justice Balakrishnan, in refusing to quash criminal proceedings against a nineteen year old blogger, says that any blogger posting material on the web should be aware of the reach of the internet and hence also be willing to face the consequences of such action. This sounds fair enough, and it would seem that if bloggers are exercising their right to freedom of speech and expression, then they should be subject to the same norms as a newspaper or magazine would, including the possibility of legal action being taken against them.

This sentiment reminds me of Anatole France’s famous statement that the law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread. The quick equation of an individual blogger with the might of a newspaper or a magazine is a little troubling. Individuals do not have the same kind of power, money or reach to be able to defend themselves in the way that newspapers may be capable of. Continue reading Bloggers and Defamation →

Bad ideas

Supreme Court on Liability of Bloggers

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While I still dont have a copy of the order/ judgment, there have been news reports about the Supreme Court holding that a person who starts a blog/ community page cannot claim that it was a community page and not meant for public consumption. I will update this the moment I get hold of the order, but just wanted to flag this for the moment, because of the serious implications that it can have. While bloggers and web content have always been subject to the same rules that determine other forms of publication, there are a number of issues and questions involved in the liability of online content, including whether the author of a blog can be held liable for comments / posts by others. Continue reading Supreme Court on Liability of Bloggers →

Capitalism, Everyday Life, Identities, Left watch

Interview with Jacques Ranciere

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Interview with Jacques Rancière
Conducted by Lawrence Liang
Lodi Gardens, Delhi, 5th February 2009

Jacques Rancière (born Algiers, 1940) is Emeritus Professor, Philosophy, at the University of Paris (St. Denis). He came to prominence when he co-authored Reading Capital (1968), with Louis Althusser, the Marxist philosopher. He subsequently broke away from Althusser and wrote The Nights of Labour, a work that examined the philosophical and poetical writings of workers in 19th century France. Through an examination of the lives of these worker autodidacts, Rancière introduced a new way of thinking about the idea of the worker, and of the injunction that divides between those entitled to a life in thought and those born to do manual labour.

He went on to write The Philosopher and His Poor which looks at the figure of the poor artisan from classical philosophy down to Marx and Sartre. In The Ignorant Schoolmaster, inspired by the experiences of a radical early 19th century teacher, Joseph Jacotot, Rancière sought to rethink the idea of pedagogy away from the idea of moving form the unknown to the known and from those who possess knowledge to those who don’t, to look at how all forms of ignorance are also conditions of knowledge.

He was in Delhi recently, on the occasion of the release of the Hindi language edition of The Nights of Labour.

Continue reading Interview with Jacques Ranciere →

Bad ideas, Law, Violence/Conflict

Rajeev Dhavan on The Unlawful Activities Prevention Act

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I have asked two colleagues who have been working on civil liberties in the war against terror to do an analysis of the Amendment to the Unlawful Activities Prevention Act and the National Investigation Agency Act, and  its implications. But in the meanwhile, here is a useful analysis by Rajeev Dhavan where he describes the amendment as a return of POTA and TADA. As if to fulfill Shuddha’s prophecies, the government according to Dhavan has created a law where everyone is suspect

India’s Unlawful Activities Prevention Act (UAPA): The Return of POTA & TADA

After months in pre-trial detention under brutal investigation, the police will extract even untruths. The Bill casts a shadow on all of us. It is founded on the principle that everyone is suspicious or a suspect, with no fine distinction between the two. We are creating a suspicious state to empower suspicious officials and citizenry to act suspiciously against any supposed suspect. This Bill goes further than TADA or POTA in its creation of a suspicious state. India must fight terrorism, but the last thing India wants to be is a terrorist anti-terrorist state. – Rajeev Dhavan Continue reading Rajeev Dhavan on The Unlawful Activities Prevention Act →

Everyday Life, Violence/Conflict

Words After Violence

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The madness of what has happened in Bombay leaves us speechless, even as the media din around evacuates words from their meaning.

So it only appropriate that we borrow words to remind us, in the midst of death, what it means to live. Continue reading Words After Violence →

Identities, Politics, Violence/Conflict

On Being Muslim: Shahrukh Alam

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Guest post by SHAHRUKH ALAM

This afternoon, I saw on TV, the ticker advertising a Special Feature. The programme was going to be aired later in the day and was called “Young, Educated Killers”.  And for the next few seconds, I wondered who the title might be referring to: not the ‘encounter specialists’, surely? The economists who frame policies for the new, resurgent India, perhaps? People on the National Disaster Management Commission, possibly? Or since it was of topical interest, The Board of Directors for Lehman Brothers? Or even Patent attorneys for multinational Pharmaceutical companies? But then the visuals came on and I have to admit I was most embarrassed at having thought such dark thoughts about the aforementioned good people. Continue reading On Being Muslim: Shahrukh Alam →