Reflections on “The Limits of Moral Limitations: Reconceptualizing “Morals” in Human Rights Law” by Ryan Thoreson in Harvard International Law Journal – Volume 59, Number 1, Winter 2018.
The goal of Activists and advocates to internationalize and enforce a Human Rights regime that is universal is an unrealistic one. Ardent believers of Nation State and state sovereignty have thwarted such efforts on grounds like National Security, public order and/or Public Safety and Morality. The central theme of this paper is about presence of morals in international instruments and how states use morals in such instruments to justify some of their acts that limit sexual rights including others and how certain international adjudicatory bodies have interpreted the morality exception in such instruments, and how effectively the courts in the global south have actively assisted the evolution of jurisprudence in this area that has global implications. Most importantly the author explains the examples of cases in India and South Africa. Continue reading
Every country has a grand narrative when it comes to portray itself before people of other societies or other countries so that it becomes easier for them to have a glimpse about who we are. As a precursor to such a grand narrative often there is a key word with which such conversations begin. For eg: – “Rights” can be called as the keyword for USA, “Equality” can be a key word for France, “Imperialism” may be a keyword for British and so on. Then what shall be the key word for India i.e.., Bharath when we begin the conversation about its grand narrative? The answer is “Dharma”. No intellectual has so far claimed that he has sufficiently either translated or defined Dharma in modern terms. The point being that our history and philosophy is profound and deep. Continue reading
Politics has always meant right from its application in primitive era to modern day democratic environment, acquisition and preservation of power by the leaders of thought and action positively speaking and by a clique negatively speaking. Over the centuries the doses of moral injection have made the term politics appear more humane – only in external appearance, by pushing all its violent tendencies to the back for the sake of aesthetic appeal, because even in the case of totalitarian regimes (as opposed to Democratic ones) the consent of majority is always sought for the sake of legitimacy of power there by perpetuating the stability of the regime in question. The right metaphor to describe the case in point may be Rousseau’s general will in the domain of Law. Continue reading
A friend of mine in Chennai in a discussion with me was chiding Nationalists, by directly referring to BJP & RSS, said that they have always been Anti-Tamils and have always worked to sabotage the interests of the people of Tamil Nadu. The strategy of BJP as such in Tamil Nadu is as bad as pathetic because their leaders are physically unattractive and their skills of articulation were poor. Continue reading
Not every time you get to make assumptions or arrive at conclusions based on evidence, but you must assume or arrive at conclusions because there is no evidence to the contrary. Let me quote an example. Section 6 of Dowry Prohibition Act, 1961 says that if the wife dies before 7 years of marriage under mysterious conditions the law assumes the culpability of Husband, unless proved otherwise. Continue reading
We might have heard people saying that the Indian wisdom is ageless and superior to all that west can offer as all that they can talk about is on material plane in the name of science (external) but our civilization is great in inner sciences and has given birth to peaceful (actually peaceful) religions or simply methods to experience the supreme being. Have you ever thought why when people throughout the world use the word – spirituality, their gaze is turned towards India? There must be a reason, isn’t? The terms like ancient wisdom, spirituality, inner sciences etc., have their meaning and existence owing to India. Continue reading
Wakefulness v/s Dreaming.
Which one you call it as a reality? The state of wakefulness or dreaming? Will it be wakefulness because you (ie., your body) can experience all actions and its consequences through senses? Think again, in the dream too you will have similar experiences. If you say that the continuity of dream is disrupted by wakefulness then the other side of the argument will be wakefulness is also disrupted by sleep leading in to dream. So, which is real? In Dream state mind creates an eco-system because it doesn’t require the assistance of body that makes us feel and experience actions. It is precisely why at times when we wake up we refuse to believe that all that happened was in a dream state not in wakeful state. Imagine if you were never to reach the wakeful state? You will continue to live in that state. Just because of this can we call one state as real and the other as unreal?
This is the essence of conversation between Rishi Gana’s son and the King Mahasena in Tripura Rahasya.
If you think that all those great movies like Matrix and Inception was the result of original thinking of westerners then you are misled.
So far read 14 chapters in Tripura Rahasya, the wisdom is mind boggling.