Saturday, June 28, 2003
US SC and Indian cases

Social issues now...

This term, the US Supreme Court issued two landmark decisions this quarter:

In Grutter v Bollinger, it said that racial diversity can is a genuine ground for affirmative action. In India, we have reservations, which is a quota system, essentially different from the affirmative action. In Regent of U.California v Bakke decision, the SC decided that quota systems are illegal.
In India, in Indra Sawhney v Union of India, the Supreme Court of India said that caste or religion alone cannot be made a criterion in reserving seats. That decision called for the elimination of the creamy layer. Now, there is a demand for reservations for Muslims, given the fact that the literacy rates in that community is sub-par to SCs in many areas. On the other hand, even some liberals in India, like Kuldip Nayyar, have started demanding that reservations be eliminated. I would like to know ur opinion on this issue.

Another decision is the Lawrence v Texas, in which the SC struck down the sodomy laws of all 13 states, where they exist today. In India, IPC 370 is a very similar law, if not a more unclear one. Lately, many NGOs are complaining that this law has been preventing them from working with MSMs and WSWs (as gays are called in India) on issues like AIDS prevention. This issue earned India a reprimand from the UN Human Rights Commission year before last. Meanwhile, the Delhi HC has sent a notice to the Indian govt why it should not strike down that law as unconstitutional.

I wanted to see if any of u had any comments on how these judgements (or arguments on them) would apply to the Indian scene.

PS: Anybody tried using the Supreme Court of India website? Two words - B@$$ S%#&!!


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