Critical Analytical Note

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Kala to Gora (Black to Fair)

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Legality of Hyperlinks

Legality of Hyperlinks

I, for one, while writing, picture the intended audience and the beneficiaries (wishful thinking). This article talks about the legality of hyperlinks, taking a leap from trademarks we jump to the next but a slightly tangled trajectory of Intellectual property Law. Copyrights are about ideas, they say ideas are bullet proof but with all my […]

Preliminary decree in partition suit and role of Commissioner

Preliminary decree in partition suit and role of Commissioner

In a partition suit, preliminary decree is passed. An execution petition is filed by the plaintiff before the court. Court allows for it and appoints a commissioner in furtherance of the same. However, objections are filed against the execution of the decree and for the recall of preliminary decree, by the defendant. Court allows for […]

Filing for trademark in India

Filing for trademark in India

In today’s materialistic world where intangible standards of quality such as the goodwill and the brand value of a certain product matter than the tangible quality of the product itself, when the common folk, the youth, dances to the tunes of wakhra swag shunning the idea of running after the brand tags but savagely contradicting […]

Material alterations to a Cheque

Material alterations to a Cheque

We received multiple requests to consider doing a post on material alterations to a Cheque than confining ourselves to just alterations in the signature. In this post we look at various issues that arise out of altering a Cheque…let’s get started! What constitutes material alteration of a Cheque once it has been signed? What changes […]

Cheque bounce Case (Altered presumption of acquittal by sessions court)

Cheque bounce Case (Altered presumption of acquittal by sessions court)

Now let’s alter the presumption. Presumption here is that Sessions court has acquitted the individual after he was convicted by the trial court. In case of acquittal by session court, section 378 of CrPC will come into play. Under sub-section 4, a private individual may by an application made to HC ask for grants special leave […]

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Picture and name say it all. To be precise, I tried this one of the nicer places in a mall next to my home. When I spoke to the owner about saloon’s name and asked for reasons to select the controversial name, she simply dismissed all racial reservations. She said it was her dream to open a saloon and she did not intend to hurt anyone. Rather interesting was the fact that she did not perceive racism as the west does. It seemed as though she did not understand racism as a social evil, perhaps having political and economic implications. Indeed she simply thought of it as hurting someone individually for they don’t have a fair skin, hence reinforcing the premise that Indians simply don’t understand racism.

In United States of America racism has had a long history. In fact racism still plays a central role in shaping the political dynamics of the American society. It is not to say that US has not moved a long way as a society. Right from the days of pre-independence cases such as Johnson v. McIntosh (1823) that sponsored racism, to the latest case involving University of Texas, Austin. In the latter case, with a majority of 4 is to 3, Supreme Court declared that affirmative action undertaken by university in order to make student community more inclusive is constitutional and does not violate the original plaintiff’s constitutional right to equal protection under the law. My research also revealed an interesting aspect of racism involving Indians in the United States. It was in United States v. Bhagat Singh Thind that Bhagat Singh Thind, an Indian Sikh man who identified himself as a “high caste Hindu, of full Indian blood,” was racially ineligible for naturalized citizenship in the United States. In 1919, Thind filed a petition for naturalization under the Naturalization Act of 1906 which allowed only “free white persons” and “aliens of African nativity and persons of African descent” to become United States citizens by naturalization. He was denied American citizenship!

On the other hand India does not have any specific anti-racial law. Further, the same has not been deliberated upon in detail by any of the courts. The constitution provides for right to equality for all citizens and bars any form of discrimination on the grounds of race under part three i.e. fundamental rights. However, these provisions have not been implemented in substance and procedurally by express statutes; and has not backed any penal sanctions. It is only now that the central government plans to amend Indian Penal Code in order to include racial offences under the statute. Further government also plans to outlaw racist remarks and gestures.

Despite all efforts by the government it appears as though Indian society neither understands racism nor perceives it the way west does. There are multiple reasons for the same. Primary reason could be that race has never affected political and economic dynamics in the Indian society. A more appealing explanation is that caste is far more powerful social force inclusive of all other evils such as racism. This explanation is also backed by the Aryan theory which states that while fair skinned Aryans constitute the higher castes, it is the dark skinned Dravidians that constitute the lower castes.

Deliberations are limitless. All criticism apart, I recommend the saloon. They have a wonderful staff, great ambiance, remarkable service and an ambitious owner you would not want to miss out on!

(For store details message on PLR’s Facebook page or contact PLR via page)

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