#MeToo And Due Process — How It Looks In India

The expanding movement to denounce sexual assault is a symptom of the problem, not the cure.

Walking in Mumbai
Walking in Mumbai
Nizam Pasha*

NEW DELHI — This is the age of absolutes. Absolute majorities, totalitarian governments and extremist ideas that allow for no difference of opinion. In this age of absolutism, ideas and thoughts that thus far identified themselves as "liberal" have fallen prey to the same extremism.

Liberalism has generally been understood as a political philosophy that prioritized liberty and equality, and sought to strike a balance between individual liberty and the power exercised by society and the state over an individual. Freedom to express and defend ideas that may not find favor with the majority is at the core of liberal thought. But today's "liberals' are so vehemently opposed to points of view different from their own that they are no different in political posturing from their sworn opponents from the religious or political right.

The recent furor created by the "liberal" junta over M.J. Akbar's decision to seek legal redress demonstrates that no matter who has power at any given moment, due process is always the first to be sacrificed. After reading the moving testimonies and judging just by their sheer number, we may each be personally convinced of Akbar's guilt. But we must realize that our personal conviction is not a substitute for due process. "Every woman must be heard" is the cry of the moment. And be heard she must. But we must not lose sight of the legal maxim audi alteram partem, which is the bedrock of our legal system and a principle of natural justice. It means "hear the other side too".

People hold their personal convictions to be above the law.

If you join the dots, an ugly and dangerous pattern starts emerging that cuts across political ideologies. That of people holding their personal convictions to be above the law. Preventing lawyers from representing a person or position that is unpalatable to the majority might begin with the Jyoti Singh gang rape and murder case, but it is not long before it transforms into protest marches against others in a very different context. Condemning a person as guilty before the trial commences may start with another heinous act but quickly spirals into attempts to lynch student leader Kanhaiya Kumar outside court for being an anti-national.

Let us once and for all disabuse ourselves of this idea that there exists a crime so heinous that it does not deserve to be defended. The law laid down by the Supreme Court on this subject is unequivocal: "Every person, however wicked, depraved, vile, degenerate, perverted, loathsome, execrable, vicious or repulsive he may be regarded by society, has a right to be defended in a court of law and correspondingly it is the duty of the lawyer to defend him."It is not the fact of taking up a case on which a lawyer must be judged. It is how he or she conducts the case.

No doubt the problem is complicated by the fact that the #MeToo movement is a result of the failure of due process. It is the direct consequence of years of the legal system's inability to provide redress or even an environment where women feel safe seeking legal recourse. Despite this, we must not lose sight of the fact that the #MeToo movement is a symptom of the problem; the error lies in seeing it as the cure. The solution to the failure of due process is more stringent adherence to due process, not less. The churning that the #MeToo movement is causing is much needed and for the better, but it must result in the evolution of the mechanisms of justice delivery. To see it as justice in itself is wrong.

We must remember that when vigilante justice becomes the substitute for due process, it is the more powerful and more numerous of society who will always wind up winning.

*Nizam Pasha is a lawyer practicing in the Supreme Court. The views expressed in this article are personal, however much he may like to speak for the Supreme Court. He can be reached on Twitter @MNizamPasha.

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Spencer Tunick Nude Installation in Israel

Anne-Sophie Goninet, Jane Herbelin and Bertrand Hauger

👋 Salam!*

Welcome to Monday, where the UK pays homage to slain MP David Amess, Myanmar frees thousands of prisoners, and Facebook gets ready to build its "metaverse." Please fasten your seatbelts: Worldcrunch also takes stock of the long-lasting effects — good and bad — the pandemic has had on the air travel industry.

[*Azeri - Azerbaijan]


Myanmar to free political prisoners: Myanmar's junta chief Min Aung Hlaing has announced the release of 5,636 prisoners who had been jailed for protesting the coup that ousted the civilian government in February 2021.

• Powerful Haiti gang behind the kidnapping of U.S. missionaries: The notorious 400 Mawozo gang is believed to be behind the kidnapping in Haiti of a group of Christian missionaries, including 16 U.S. citizens and one Canadian. The brazen kidnapping on Saturday comes as crime is spiking since the killing of President Jovenel Moise in July.

• UK to pay tribute to David Amess: British lawmakers will pay homage in parliament to colleague David Amess, who was stabbed to death Friday in what was described by the police as a "terrorist incident." Officers arrested a 25-year-old suspect whose father, Harbi Ali Kullane, worked as a media adviser to a former prime minister of Somalia.

• COVID update: Russia has registered more than 34,000 cases of new infections in the past 24 hours, a new record since the start of the pandemic. Meanwhile, police in the northeast Italian city of Trieste used water cannons to clear striking dockworkers protesting Italy's new requirements that all employees be vaccinated.

• At least 26 killed in floods in India: Torrential rain has triggered floods and landslides in India's southern coastal state of Kerala, killing at least 26 people.

• Facebook to hire 10,000 in EU to develop "metaverse": The U.S. social media giant plans to hire 10,000 workers in the European Union over the next five years to build a "metaverse," a virtual reality version of the internet that the company touts as the future.

Punishing parents for children's bad behavior: After limiting gaming hours for minors, China is now considering legislation to reprimand parents if their children exhibit "very bad behavior" or commit crimes.


Colombian daily El Espectador dedicates its front page to Alex Saab, "owner of the secrets" of Venezuelan President Nicolas Maduro. The Colombian businessman, wanted by U.S. authorities for allegedly laundering money on behalf of Venezuela's government, has been extradited from Cape Verde to the U.S. where he is scheduled to appear in court today.



China's economy registered its slowest pace in a year as the country faces a looming energy crisis with power shortages and increasing pressure on its property sector. Gross Domestic Product (GDP) for the period between July-September rose 4.9%, the weakest numbers since the third quarter of 2020 and significantly lower than forecasts. The world's second-largest economy faces a debt crisis linked to the China Evergrande Group debt crisis, while energy shortfalls have dropped factory output to its weakest since early 2020, when heavy COVID-19 curbs were in place.


7 ways the pandemic may change the airline industry for good

Will flying be greener? More comfortable? Less frequent? As the world eyes a post-COVID reality, we look at ways the airline industry has been changing through a pandemic that has devastated air travel.

⛽ Cleaner aviation fuel: With air travel responsible for roughly 12% of all CO2 emissions from transport, and stricter international regulation on the horizon, the industry is increasingly seeking sustainable alternatives to petroleum-based fuel. In Germany, state broadcaster Deutsche Welle reports that the world's first factory producing CO2-neutral kerosene recently started operations in the town of Wertle, in Lower Saxony. The plant, for which Lufthansa is set to become the pilot customer, will produce CO2-neutral kerosene through a circular production cycle incorporating sustainable and green energy sources and raw materials

.🛃 Smoother check-in: The pandemic has also accelerated the shift towards contactless traveling, with more airports harnessing the power of biometrics — such as facial recognition or fever screening — to reduce touchpoints and human contact. Similar technology can also be used to more efficiently scan physical objects, such as explosive detection. Ultimately, passengers will be able to "check-in" and go through a security screening anywhere at the airports, removing queues and bottlenecks.

✈️ The billion-dollar question: Will we fly less? At the end of the day, even with all these (mostly positive) changes that we've seen take shape over the past 18 months, the industry faces major uncertainty about whether air travel will ever return to the pre-COVID levels. Not only are people wary about being in crowded and closed airplanes, but the worth of long-distance business travel, in particular, is being questioned as many have seen that meetings can function remotely, via Zoom and other online apps.

➡️


"The crimes committed that night are unforgivable for the Republic."

— Emmanuel Macron became the first French president to commemorate the killing of as many as 200 Algerian independence protesters by Parisian police in 1961. For 40 years, French officials ignored the massacre, which took place a year before Algeria gained its independence from France after an eight-year war. In 2012, French President François Hollande acknowledged the killings for the first time on a visit to Algeria, and Macron took it further by attending Sunday's commemoration at the site where the events happened in the French capital. Still, many had hoped the French President would go further and take responsibility for a "state massacre," for a crime many historians consider the most violent repression of a peaceful demonstration in post-War Europe.


​Low trust, high risk: The global rise of violence targeting politicians

The deadly stabbing of British Parliament Member David Amess confirms an ongoing study on trust and governance in democracies around the world: It's bad. In The Conversation, James Weinberg — the study's author and a lecturer in Political Behavior at the University of Sheffield — writes:

⏪ The assassination of Amess, who was stabbed to death in his constituency on Friday, is a tragic moment for democracy. What makes it even more devastating is that such a catastrophic failure is not without precedent or predictability. Labour MP Jo Cox was shot at her constituency surgery in 2016. Before her, another Labour MP, Stephen Timms, survived a stabbing in 2010. And Andrew Pennington, a Gloucestershire county councilor, died in a frenzied attack in 2001 while trying to protect local Liberal Democrat MP Nigel Jones.

☝️ Beyond these critical junctures in the public debate about politicians' safety, elected representatives must live with an increasingly insidious level of popular cynicism that threatens violence on an almost daily basis.

🇬🇧🇳🇿🇿🇦 Not only are these experiences of abuse or threats of physical violence felt across both sides of the political aisle in the UK — they also appear to be growing more common in other democratic contexts where the climate of politics has been presumed to be both calmer and more volatile, from New Zealand to South Africa.

Read the full piece from The Conversation, now on

✍️ Newsletter by Anne-Sophie Goninet, Jane Herbelin and Bertrand Hauger

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