It was a wonderful excerpt, amazed by the personality he was, the way he communicated and definitely want to read more about him.
I guess I am also in the same phase of days dark and nights darker, but I guess its getting better with time.
I guess when one keeps going, days do start becoming brighter. Each day is a new struggle, mentally and physically. Its same for all of us.
Take your own sweet time, give your mind the rest it deserves, give it time to heal if something's bothering and then get back to work. All the best.
About sharing stuff one thing has been bothering me since a long, want to just share - So after our ex-CJI released his book, saw his interviews. I was astonished by the way he communicated, he was aggressive and offensive, we just don't expect people from such high positions to communicate in this manner. Anyways that's not bothering.
So I decided to read about the sexual harassment case, and not just going by whether the allegations were true or not, what bothered me was the way it was handled. The woman was denied lawyer to represent her, there were no external members, the proceedings taken forward without the participation of the victim and of course the verdict was given. There was just one member who objected to women not being the part and that was Justice D.Y Chandrachud ( he gives me hope, some of his recent judgements are my favourite, I remember smiling once while reading his judgement, as he just gave me hope, that things could be better, can't remember the case though)
The below article mentions that, after refusing advances of the Gogoi, the woman did not ring the bells immediately and at the right time, she did it after her husband and brothers-in-law were were removed from their job. Why were all of that happening at the same time? She removed from her job, then her husband and their her brothers-in-law. What struck to me was that A man's ego was so hurt with that refusal of advances that he had just tried to destroy the life of the powerless woman? If male ego is such deep rooted and seen even in men of that stature and position, being highly educated, then what can we expect from the normal people?
The issues is in conditioning of child, parents refuse things children ask more so if they are men, they think its their right to ask things and get things. When they get a NO, they are not used to it, and then we see what we see all day.
Yeah, too much of ranting, but it was there. I hope we make this place a safe space for women soon!
https://thewire.in/law/supreme-court-justice-sacrifice-sexual-harassment-allegations-ranjan-gogoi
Read this for a better understanding of what I wanted to say.
This discussion compelled me to come back to forum :)
Totally agree with what you have written about Justice Gogoi. The NDTV interview was such an eye opener although it was out there in the open since long time, to see him give voice to it and confirm everything that was said, is shocking. I think it is fitting that privilege motion has been moved against him in the RS.
Nemo judex in causa sua -No one should be a judge in their own case is one of the basic principles. Convened a special bench and headed it himself ?How intimidated the woman must have been in those proceedings ? Why does the procedure allow for this to happen even ? No, we are not going into the merits of the case here. The procedure was definitely problematic. Can nothing be questioned because it might undermine the independence of judiciary ?
Join you all in looking at Justice Chandrachud with hope. Whenever I am bored of studying from the book, I listen to his speeches. They are well articulated and sensitive towards the marginalised sections.
An excerpt from one of his speeches -
"The film(The Great Indian Kitchen) charted out the compounding indignities that the bride faced in unpaid and thankless labour that was exerted in domestic chores and cooking. The denial of her ambitions to work a job of her choice, and finally, the harsh isolation and associated untouchability when menstruating. The movie poignantly engaged with the news of the Supreme Court judgment and juxtaposed it with the livid reality of this woman who was not asserting. She was not asserting the right to go on the pilgrimage but was fighting a much deeper battle as her existence was diminished by her gender. This is a stark reminder for how mere legislative or judicial intervention does not automatically upend the inequities that are entrenched in our society."
I would recommend this Malayalam film if you haven't watched it yet. It was so close to reality that I had tears in my eyes in many instances.
Justice Chandrachud in an absolute nerd-crush of mine. This is one Justice Chandrachud quote that I had kept in my notes for the clarity and freshness in his writing. This is from BK Pavithra-II case. A breath of fresh air on the discourse of Merit and Efficiency.
“Article 335 cannot be construed on the basis of a stereotypical assumption that roster point promotees drawn from the SCs and STs are not efficient or that efficiency is reduced by appointing them. This is stereotypical because it masks deep rooted social prejudice. The benchmark for the efficiency of administration is not some disembodied, abstract ideal measured by the performance of a qualified open category candidate. Efficiency of administration in the affairs of the Union or of a State must be defined in an inclusive sense, where diverse segments of society find representation as a true aspiration of governance by and for the people.
Our benchmarks will define our outcomes. If this benchmark of efficiency is grounded in exclusion, it will produce a pattern of governance which is skewed against the marginalised. If this benchmark of efficiency is grounded in equal access, our outcomes will reflect the commitment of the Constitution to produce a just social order.
Hence, while interpreting Article 335, it is necessary to liberate the concept of efficiency from a one sided approach which ignores the need for and the positive effects of the inclusion of diverse segments of society on the efficiency of administration of the Union or of a State. Establishing the position of the SCs and STs as worthy participants in affairs of governance is intrinsic to an equal citizenship. Equal citizenship recognises governance which is inclusive but also ensures that those segments of our society which have suffered a history of prejudice, discrimination and oppression have a real voice in governance. Since inclusion is inseparable from a well governed society, there is , in our view, no antithesis between maintaining the efficiency of administration and considering the claims of the SCs and STs to appointments to services and posts in connection with the affairs of the Union or of a State.”
“Administrative efficiency is an outcome of the actions taken by officials after they have been appointed or promoted and is not tied to the selection method itself. The argument that one selection method produces officials capable of taking better actions than a second method must be empirically proven based on an evaluation of the outcomes produced by officials selected through both methods.
Arguments that attack reservations on the grounds of efficiency equate merit with candidates who perform better than other candidates on seemingly “neutral” criteria, e.g. standardised examinations. Thus, candidates who score beyond a particular “cut-off point” are considered “meritorious” and others are “non-meritorious”. This is a distorted understanding of the function “merit” plays in society.
A “meritorious” candidate is not merely one who is “talented” or “successful” but also one whose appointment fulfils the constitutional goals of uplifting the members of the SCs and STs and ensuring a diverse and representative administration.”
I think I've shared this stuff in the past. I was just going through this book again, and I felt like sharing this, again. xD I totally agree that having Justice Chandrachud in SC gives hope for justice to be seen for marginalized communities and to all and not only to the privileged or person in power.
Watched the gogoi interview on NDTV. Puked again.Areey. You wanna feel better seeing gogoi, see Zee Media's interview, you will love him. He is so cute, intelligent and the 'educated elite'.
And guys a recommendation from my side , there is a program by a digital media outlet called newslaundry , named "Newsance", watch it. I think you guys will love it. Its available on YouTube.
Actually, TV newsance is the best show on Saturday's by which I got to know what is wrong with TV news
