Tuesday, August 26, 2008

Why do Judges double up as moralists?

The recent case of the Japanese baby (Baby Manji) and the divorce one of the old couple has got me to change my opinion of our much revered and overblown judiciary system. There are no surrogacy laws in India and the poor baby, Japanese sperm and an unknown donor's egg, is parent less now. A legal battle has already ensued between a N.G.O in Rajasthan and two constitutional courts. The issue of propriety of surrogacy and child's nationality has left the father and grandmother in distress.

Our constitution is stuck in a quagmire of the personal opinions of those who dispense justice and the weaklings of lawyers who do not know how to help their clients. A judge is definitely entitled to his/her views but should observe some restraint in expressing them. The 16 year old dead marriage of Narendra Kumar Verma was not given it's due of an end. Why? Because the judge seeing the proceedings thought they should give their marriage a try. Now did Narendra go to meet a councillor. The Judges said that the archaic draconian laws on divorce in our constitution where the mutual consensus is required desisted him for meting out the decision of divorce.

It brings to light once again how our society has and does perceive divorce. there has been a lot of interaction with the west through web, TV, movies and that has led to a huge metamorphosis in the societal psyche. Liberalisation, economic independence, women taking charge at all fronts; all an outcome of our need to grow and know more.



What our judges don't understand is that unless they instead of becoming purists and preachers would simply do what they are suppose to- be facilitators. Let a couple decide whether they want to be with each other or not instead of sending messages through a prism of morality sitting on the throne of law.

Similarly the judiciary should wake up and take cues from the 20 year old case of Baby M in New Jersey and change the perceptions of people like me about those people who act as Gods, in the garb of Black Robes.

Saturday, August 23, 2008

It is possible but very difficult to reach there. But once we do then it's bliss.

Life and humans love simplicity

Complications, lies, deceit, mind games and everything that can be negative, regressive and that hurts, take away peace of mind, sanity and calmness; is what no one wants yet they do or are at te receiving end of any of it. Every human somewhere knows what he/she is doing/thinking/going through but chooses to remain in denial, explanation: escapists have it easy and convenience is their second name.
Only if they knew where they are heading. In the end they realise nothing like simplicity and the absolute truth; an all encompassing peace of mind state is the one where there is no burden of any negativity, no burden of lies, no burden of anything that gives sleepless nights.
I hope what i am writing can be acheived by everyone even me.