Sec 377: Questions from a layman

Disclaimers:

• ·         I am not a lawyer. If there are some legal nuances I have misunderstood or missed out, please let me know by commenting.
• ·         I believe that members of the LGBT community should have the same rights as anyone else. That being said, I do not have an agenda here. In any case, Sec 377 not only criminalizes homosexual acts, but also a lot of heterosexual ones. All I want to do is put questions I had on Sec 377 out there, and try to get answers through dialogue.

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I should let it be known that I am not very bright. I don’t understand why a lot of things are done, and in many cases I fail to see the bigger picture. One such case is the existence of Section 377 in the Indian Penal Code (IPC). But I want to try and understand some things about Sec 377. I hope you can help me.

The law in question: The Section 377 of the IPC covers ‘Unnatural offences’, and reads “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.”

Question 1: The question of what: What is ‘carnal intercourse against the order of nature’? Is there an exhaustive or even indicative list of what constitutes this? The explanation given is “Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.” I don’t think that cleared up anything. Is procreation the deciding factor here – I know certain Catholics consider use of contraceptives against the order of nature. So, is sex using contraceptives illegal? Is it illegal to use sex toys, lubricants, or anything else, since it isn’t strictly ‘natural’? In case of lesbians, how does the law work? I know that oral and anal sex are illegal. That sucks! (Pardon the pun)

Question 2: The question of why: I don’t know what purpose the law serves. However, the very basis for the arguments supporting and opposing the law hinges on this. From the reading of this law, it looks like the person who enacted this law wanted to make any form of sexual experimentation illegal, doesn’t it? The activists who want the act repealed point out that this law is archaic and was set up during the British rule on 6^th October, 1860. However, that doesn’t necessarily make the law wrong. If the law still serves a purpose and is in the best interests of the people, why repeal the law? However, in this case, whose interests does it serve, and how?

From what I understand, contrary to popular belief, the law isn’t against homosexuals – I am currently setting aside the fact that they are the ones who are most targeted as a result of this law, since you can’t really blame the law for how people choose to read it. The law can be used even against someone who does anything a little kinky. Is that any reason for punishing someone with life imprisonment in the worst cases?

There have been arguments that Sec 377 is required to prevent sexual offences against children. To counter, there is no mention of age in the law – so the law is vague here. Further, that argument has lost relevance with the ‘Protection of Children Against Sexual Offences Bill, 2011’. The need for Sec 377 for prosecution of perpetrators of rape is also not a valid reason, as there is no mention of consent in the law either. And the Criminal Law (Amendment) Act, 2013 specifically addresses rape and sexual harassment. As for animal cruelty, a specific provision in ‘The Prevention of Cruelty to Animals Act, 1960’ makes more sense that this unspecific law.

The most common argument for Sec 377, however, is that homosexuality is against the Indian culture and religious beliefs and Sec 377 is used for protection of our morals. To counter, though I have seen some Bible verses which indicate that homosexuality is an abomination; I have also seen depictions of various sexual acts in temple walls which are propagated as against Indian culture. Should we break them down too? But let’s ignore this for now. Even if Sec 377 was meant purely as a means of making homosexuality illegal and nothing else, it is an extremely inadequate law in my humble view, because homosexuality is not highlighted specifically here. But really, is it the purpose of the law to act in favour of culture if it violates our fundamental rights? Especially in a country with so many religions and cultural beliefs as India?  If that is the case, am I wrong to believe that this sets a dangerous precedent?

I was trying to compare unnatural sexual acts (whatever they are) with smoking, which is not illegal in India. It is a scientifically proven fact that smoking can lead to life threatening illnesses, both for active and passive smokers. And we have gone only so far as to have specific designated areas for smokers, and haven’t banned it outright. Here you have an act that is known to be lethal, which is not illegal, but cannot be done in public. On the other hand, you have an act that is not a risk to anyone’s life, done in total privacy, which is illegal for some reason I am unaware of. If two or more consenting adults decide to engage in sexual relations in a manner in which all parties involved are ok with, what is the problem? Let’s make no mistake, society is not a party involved here. It’s a private matter, and it’s done in a private space, harming no one.

As you can see, I am really confused as to why this law exists. I just don’t see the point.

Here’s what went down: Ever since the PIL filed by the AIDS Bhedbhav Virodhi Andolan in 1991, and the subsequent PIL by the Naz Foundation in 2001, the arguments on all things Sec 377 have been linked to gay rights in India. And probably for that reason, this battle has become so controversial. To quickly recap, one of the starting points was when Kiran Bedi refused distribution of condoms to inmates in Tihar jail, since that would be abetting a crime under Sec 377. After a bit of back and forth – where the High Court refused to consider the petition since Naz Foundation had no standing to challenge the legality of the law and no one had been prosecuted by the law in the recent past; but then the petition was sent back by the Supreme Court to be reconsidered on merit. Of course, there was a lot of political hullaballoo around it.

But, on July 2, 2009, the Delhi High Court ruled – “We declare that section 377 IPC, insofar it criminalises consensual sexual acts of adults in private, is violative of Article 21, 14 and 15 of the Constitution” (protection of life and personal liberty, equality before the law and prohibition of discrimination). “The provisions of Section 377 IPC will continue to govern non-consensual penile non-vaginal sex and penile non-vaginal sex involving minors. Secondly, we clarify that our judgment will not result in the re-opening of criminal cases involving Section 377 IPC that have already attained finality”. So that cleared up quite a bit of the confusion. Without a doubt, consensual homosexual and kinky heterosexual intercourse had become legal, but non-consensual acts and acts involving minors were still illegal.

Of course, after the Delhi High Court verdict, Suresh Kumar Koushal filed a petition in the Supreme Court against the verdict. Who is this guy, you ask? “Petitioners are citizens of India who believe they have the moral responsibility and duty in protecting cultural values of Indian Society”! And of course, in their eyes, sexual freedom of any kind is against our culture. Anyway, it’s clear that the only reason this petition was filed was that they weren’t happy with gay sex being legal – the actual question of constitutional validity and equal rights had nothing to do with this.

Anyway, on 11 December 2013, the Supreme Court ruled “we hold that Section 377 IPC does not suffer from the vice of unconstitutionality and the declaration made by the Division Bench of the High Court is legally unsustainable.” Of course, a lot of protests and political noise ensued, and still continues.

Question 3: What did the Supreme Court actually say, and what does it mean?: Obviously, the Supreme Court didn’t just say this much. The judgement runs 98 pages. Needless to say, I have so many questions on it. So what exactly did the Supreme Court say? Below are some things the Supreme Court said (not quoting):

Every legislation enacted by Parliament or State Legislature is presumed to be Constitutional, since the legislature is a body representing the people and takes their best interests into account and represents the will of the people. As the law has not been amended yet, it can be concluded that the Parliament has decided to leave the law in. So, the Court cannot strike down the law simply because it is misused or times have changed. So, Parliament needs to take the decision that Sec 377 should be removed. That could be a lot more difficult to achieve, don’t you think?

Though the law does not specify age or consent, the bench is apprehensive of whether the Court would rule against someone in case of proved consensual intercourse between adults. So, it is difficult to prepare a list of acts that would be covered by this section. Sec 377 does not criminalize a particular people or identity or orientation, but merely certain acts. Oh, that’s a big relief. No one is discriminating against the LGBT community here! Being gay is not illegal, as long as you don’t engage in gay sex. Huh?? So, just to be clear, is the message “Be as gay as you want, but don’t have sex.”? Err.. ok. Are all homosexuals supposed to be celibate? Doing it behind closed doors still makes it illegal – just that you don’t get caught. Isn’t this tantamount to denying homosexuals the right to a full life? Actually, why even deny heterosexuals their choice of sex? And why have ambiguities in the law to make the Court apprehensive about the outcome of a case – why not make the law specific to clarify what it intends to achieve? I still don’t understand why a private matter that harms no one is illegal.

The writ petition filed by Naz Foundation failed to give particulars of incidents of discriminatory attitude by State agencies towards sexual minorities, and so, denial of basic human rights to them. Also, Naz Foundation did not furnish particulars of cases involving harassment and assault from public and public authorities to sexual minorities. So, the details were insufficient to find that homosexuals are being subject to discriminatory treatment. I have no idea what was the evidence provided by Naz Foundation, but aren’t there enough cases to indicate that there is discrimination against homosexuals? Distribution of condoms to homosexuals is abetting a crime, since Sec 377 criminalized homosexual intercourse. Also, isn’t the petition filed by Mr Koushal enough evidence that society treats homosexuals as criminals? But, from a legal perspective, can sufficient evidence be collected to prove this? And what would count as evidence?

Those who indulge in ordinary intercourse and in intercourse against the order of nature are different classes of people and the second class cannot claim that Sec 377 suffers from the vice of arbitrariness and irrational classification. Sec 377 only defines the offence and prescribes punishment for it. People should be tried and found guilty before being punished. So, the High Court was incorrect to rule Sec 377 as being against Articles 14 and 15 of the Constitution. What does this even mean? How is this not irrational classification? In fact, it’s insane classification. Also, is the fact that the offence is described and punishment prescribed and trial is required supposed to make things any better?

The High Court overlooked the fact that a miniscule fraction of the country’s population constitutes the LGBT community, and in over 150 years of the law being in place, there have been less than 200 prosecutions. As such the section is not against the provisions of Articles 14, 15 and 21. So what? Even if I ignore the persecution versus prosecution aspect – the fact that this law is being used as an extortion device against homosexuals, this makes absolutely no sense. Isn’t the violation of even one person’s rights a failure of the law? Should the number of prosecutions matter when making a decision if a law is fundamentally right or wrong? If the prosecutions were 2,000 or 200,000, would the judgement be any different? And who decides the number that will make this a relevant case? Moreover, if the LGBT community constitutes such a small part of our population, shouldn’t the efforts to make sure that their rights are protected be more? Isn’t it the purpose of the law to treat everyone equally, and to protect those who are marginalized? How can we preach equality for all if the supreme legal body of the country used the rule of “majority wins”?

Naz Foundation attacked Sec 377 on the ground that it is misused to harass, blackmail and torture people, especially from the LGBT community. This doesn’t necessary make the law itself bad, as the section does not mandate, suggest or condone such behaviour. No argument there. The law cannot be held as bad just because the keepers of the law are abusing it. But can’t this be grounds for revisiting the law? Surely, if a law is more misused than used (less than 200 prosecutions versus innumerable cases of blackmail and harassment using the law), there must be something wrong with it.

In its ‘anxiety’ to protect the ‘so-called rights’ of LGBT persons and to declare that Sec 377 violates the right to privacy, autonomy and dignity, the High Court had relied extensively upon the judgements of other jurisdictions; and though these were informative about the plight of sexual minorities, they cannot be applied ‘blindfolded’ for the constitutionality of the law enacted by the Indian legislature. Makes sense, I guess. The culture, lifestyle, etc. of other countries are different from ours, and due thought should be given before using these foreign cases in our context. So give it thought. Make an informed decision based on the cases from both home and abroad. Don’t rubbish a decision just because other countries’ judgements have been referred to. Article 14 of the Indian Constitution has been adopted from the Irish Constitution. The very law in question was written by the British, for crying out loud!

On a parting note, “While parting with the case, we would like to make it clear that this Court has merely pronounced on the correctness of the view taken by the Delhi High Court on the constitutionality of Section 377 IPC and found that the said section does not suffer from any constitutional infirmity. Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 IPC from the statute book or amend the same as per the suggestion made by the Attorney General.” Basically, the bench has said that Sec 377 is not unconstitutional, so it is not the Supreme Court’s job to do anything to the law. That doesn’t stop the Parliament from doing something about it. They have passed the buck to the politicians. God help us.

I have to say, I think the Supreme Court is being harshly criticized and being made the target for all hate on the verdict. Though some of their pronouncements baffle and shock my simple brain, and I believe that Sec 377 is unconstitutional and so can be dealt with by the Court, they are right in a lot of ways. The legislature should man up and remove/revise Sec 377. After all, they represent the will of the people. The ruling party is quick to say that they are disappointed by the verdict. So do something about it. But we all know the reality of the situation – if this comes to a vote in Parliament, the law will not change. It’s sad that our country is so helpless in almost all important issues because of petty politics.

What next: The first option available is a review petition, asking the judges to relook at the case. This has already been rejected by the Supreme Court on Jan 29, 2014. A curative petition was filed, which the Supreme Court agreed to consider on April 3, 2014. So now, we wait in hope. Given that the Supreme Court passed a landmark judgement recognizing transgenders as a “third gender” (India is the first country to do so), we can still be hopeful. If even this doesn’t work, the only hope we have is that there would be a legislative amendment or an ordinance passed. But honestly, I don’t think our politicians have the balls for it.

It’s a simple question, really: For a moment, forget the nuances and due process and legal mechanisms bullshit. I think the purpose of the law is to separate right from wrong. Are the actions suggested in Sec 377, if done between consenting adults, wrong? Doesn’t the law violate the rights of any person, LGBT or not, to express their sexuality? Gay, transgender or straight, don’t we have a right to choose with whom and how we enjoy sexual relations? Isn’t this a human rights issue, rather than a political, cultural or religious one? I have so many questions on this law, but I think it all boils down to a simple question: “Is this law right?”

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P.S.: I have used words like homosexual, gay (including lesbians), and LGBT interchangeably. I don’t mean to be insensitive in my usage of words, but I haven’t made attempts to be politically correct. I hope there is no doubt that my heart is in the right place.

THE DARK KNIGHT RISES MOVIE REVIEW

Warning: This is a review by a true fanboy, but I have tried to be as unbiased as can be. Can I help it if the movie is so darn good?

Ever since the release of 'The Dark Knight', everyone had wondered if Christopher Nolan could match it. And with "The Dark Knight Rises", all speculation comes to a rest - Nolan clearly rises to the occasion (pardon the pun) as he delivers an epic conclusion to what is arguably the best comic book movie series. And that is the best way to sum up the movie - EPIC!!

To go into great depth on the plot would be giving away too much. "The Dark Knight Rises" starts 8 years after the death of district attorney Harvey Dent aka Two Face, for whose crimes Batman has taken the fall and become an outlaw. Now, with the passing of the 'Harvey Dent Act', Commissioner Gordan has been able to take down organized crime in Gotham, but has not been able to get over the guilt of lying to everyone. Bruce Wayne has become a recluse and cannot move on after the death of Rachel Dawes and Batman's fall from grace, leaving the running of Wayne Enterprises to Lucius Fox and the board members, including the money minded John Daggett and wealthy philanthropist Miranda Tate - until an encounter with a skilled cat burglar Selina Kyle, and rookie cop John Blake. Enter mercenary Bane, former member of 'The League of Shadows' (remember them?), who plans to complete what Ra's Al Ghul could not - destroy Gotham city. Will Batman be able to save his beloved city from destruction?

Christopher Nolan's trilogy has been essentially about Bruce Wayne's journey, and the focus on Bruce Wayne (and not only Batman) is what lends this series the emotional depth that is hard to find in comic book movies. And with "The Dark Knight Rises", the writers (Christopher Nolan, Jonathan Nolan and David Goyer) are able to provide a suitable conclusion to Bruce Wayne's journey.

But, Nolan does not lose sight of the fact that this is, in fact, a summer blockbuster movie. Make no mistake, this is an action-packed, high adrenaline ride on a grand scale. The movie has a lot of edge-of-your-seat moments, cool gadgets and memorable lines. The action sequences are raw and gritty, and many of the set pieces will leave audiences in awe, most noticeably the introduction of Bane, the explosion in the football stadium - and not to forget the amazing climax. Special mention to Hans Zimmer's score, which captures the mood perfectly. All this with a superb plot. The choice of Bane as a villain is brilliant, since he is perhaps the only one who is a match for Batman physically as well. And this has been incorporated very well into the storyline.

I must mention Nolan's direction, though it is no news that he is a genius. With both the story and his direction, Nolan has been able to give a very realistic look on what the impact of a terror attack on a city would be, and how the economic slowdown can be used as a weapon. All this while not making the movie too heavy for the viewers' sensibilities. And he does all this with a comic book movie.

The performances of the movie, similar to the earlier two, are brilliant. Morgan Freeman, Gary Oldman and Michael Caine all reprise their roles and it's as if they worked in continuity with the earlier movies. Joseph Gordon Levitt gives an earnest performance. Marion Cotillard does well, in a role that really doesn't have much to offer. Anne Hathaway silences anyone who doubted her ability to play the part with a brilliant turn as Selina Kyle (she's never referred to as 'Catwoman'). Tom Hardy plays the brutal Bane with the terrifying intensity that shows in his eyes and his garbled voice. The movie, however, belongs to Christian Bale. His ability to portray pain makes the audience sympathise with Bruce Wayne, and keeps them rooting for Batman.

As for flaws, the movie has a run-time of 2 hours and 45 minutes, and some may find it arduous. It is essential to watch the first two movies of the trilogy, and those who haven't watched them would be at a loss for a major part of the movie. For me, the only disappointment was the absence of Alfred for the most part - it took away something from the movie.

Comparisons to the earlier movies, and to the more recent comic book movies are unfair, yet unavoidable. In my opinion, this is the best movie to come out this year by a long shot. Not that "The Avengers" and "The Amazing Spiderman" were bad - they were fun. As for comparisons to "Batman Begins" and "The Dark Knight", I can only say this - these three movies form part of a single story, and it doesn't make sense to compare. Each movie is as it should be, complementing each other. Having said that, "The Dark Knight Rises" gives you everything you could expect, and probably more.

I have not been so eagerly waiting for a movie since Christopher Nolan's last movie - "Inception". And once again, I was not disappointed. While watching the movie, I felt like a small boy opening a much awaited present, overjoyed and excited that it was all he had hoped for. My verdict - if you still haven't figured it out - is two big thumbs up. Do not miss "The Dark Knight Rises" - this is the biggest movie of the year.

Lost Love

The cafe was crowded that night, and it was by an off-chance that Priya noticed Kiran enter. Or perhaps, it was decided by fate. Despite the dread of facing the person she had hurt long ago, Priya could not stop herself in time and found herself calling out to Kiran. Kiran looked thoroughly surprised, but walked to the table immediately, smiling.


“My friends have taken a table at the smoking section – I’ll call them and let them know I won’t be joining them”; Kiran said without hesitation in response to Priya’s invitation to join her. After the call, the two of them sat opposite to each other, exchanging nervous glances and sheepish smiles. It wasn’t until the waiter arrived to take their order that they spoke further.

Priya did not know where to start. Gingerly, she tried to make small talk.

“So, how have you been?”

“Good. It’s nice to meet you. It’s been so long! You still look lovely as ever.”

“You’ve changed so much. I could hardly recognize you.”

“Well, yeah. You could say I went through quite an image makeover from the school days.”

“Hmm.. So, how is everyone?”

“Parents are good… You don’t know anyone else in my circle, so I won’t bore you with that stuff.”

The waiter came back with their order. Priya reflected on the conversation so far. It was definitely going better than expected. Kiran hadn’t completely ignored her. Or hurled abuses at her. But she still was not sure on how to bring up the delicate subject. Take it one step at a time, she thought to herself.

“You still haven’t lost your sense of humor. And your flair for journalism. I’ve been following many of your articles. And they’re really good. Of course you don’t need me to tell you that – you’ve been raking in the awards!”

“Haha! Thanks. Well yeah, professional life has been good. Actually, come to think of it, so has my personal life. Anyway, enough about me. What’s going on with you?”

“Oh no! The conversation was just starting to get interesting. Are you.. “ Priya hesitated. “Are you seeing someone?”

“Tell me what’s going on with you, and I promise I will answer all your questions.”

Realizing there was no escape, Priya sighed. “Well, what’s there to say? I lead a pretty boring life – I got married 5 years ago. I’ve been a dutiful housewife since.”

Kiran did not miss the hint of bitterness in Priya’s voice, but decided to press on. “Come on, give me a few details.” The voice was overly cheerful, trying to mask the uneasiness of its owner.

“His name is Madhav. Things are… good.”

Not knowing what to say, Kiran muttered “Hmm.. Nice.”

Priya tried to sound cheerful. “So, who is the special someone?”

Kiran smiled. “Her name is Radha. We are currently living together. She works as an investment banker. Of course, I am sure you wouldn’t approve of our relationship.”

Priya felt the words sting her. “I’m not the same person, you know.”, she replied coldly.

“I mean about the whole ‘live-in’ thing. Sheesh, relax!”

“Whatever.”

An uneasy silence followed. Priya stared at her well-manicured fingernails, trying to frame her next words. The apology that had not been told for ten years. The words that might, just might, help wash away the guilt gnawing inside her for all those years.

“Listen.. Kiran.. I wanted to apologize to you.. for what I did.. all those years ago…” Priya’s voice trailed off.

Kiran tried to hide any signs of emotion, but the hurt was evident. “Oh? I see.. can you please tell me what exactly you want to apologize for?”

Priya was on the verge of tears. “Kiran, please… I just… I’m so sorry…”

“For what? I want you to say it.” The icy cold tone of Kiran’s voice sent a shiver down Priya’s spine.

“I was only 16 then. What you told me was too much to take. I mean, I was scared. I didn’t know how to react. I mean, my best friend being a lesbian!”

Kiran’s face twisted in anger and sadness. Her voice was trembling now. “So what did you do? You threw me out of your life. And then you distanced yourself from me, made a fool of me in front of all the other girls in school! No wonder I had a nervous breakdown!”

Priya was now sobbing uncontrollably. “I didn’t know how to react. I was stupid.”

Kiran’s eyes gleamed with tears. She did not want to continue, but could not help but vent her emotions. “Oh, you were much more than that. You were inconsiderate to my feelings. I had opened up to you before anyone else. And your reaction was so cruel. I told you I had feelings for you, but it wasn’t like I wanted you or something. But you made me feel like a criminal. For so many years, I felt so guilty, for something that wasn’t even my fault. That wasn’t wrong. So many therapy sessions. Thankfully others around me were supportive. But despite all that, I wished you would accept me for who I was. I hoped you would try and contact me atleast once, let me know that you considered me a friend even if I am gay. But you never did.”

“I am sorry. I don’t know what to say. I wish I could take it all back, I really do. But I cannot. And now, I feel fate has punished me for what I did. My marriage with Madhav is crumbling. We are on the verge of a divorce. I am lonely.. so lonely..”

Kiran’s voice softened. She stretched out her hand to touch Priya’s, but pulled it back. “I am not so sadistic as to say that the tables have been turned. I want you to know that I am truly sorry that you are not happy. But, even if it gives you closure, I cannot forgive you for what you did.”

Priya looked at Kiran, her eyes pleading. Kiran took a breath, wiping the tears that had rolled down her cheeks, before continuing.

“What you did to me scarred me for life. I went through hell, and you didn’t even turn to see what I was going through. I know it must have been difficult for you to accept me, but then you were my best friend. It was your responsibility. And even if you couldn’t accept me for what I was, you didn’t have to go to such lengths to make my life miserable.”

Priya continued sobbing, looking down at her empty coffee mug.

“I wish you have a good life, and that you can find happiness soon. But I don’t want to try and be your friend or get in touch with you. You don’t deserve it. I’m sorry.”

With this, Kiran took some money out of her purse and kept it on the table. Without waiting for a response, she got up and started walking away. Priya could do nothing but stare at the retreating figure of the best friend she had lost.

****
 
P.S.: I've racked my brains, but am unable to come up with a good title for this post. I have used my working title, which I had intended to change. Would appreciate it if you guys can suggest an alternate title.

The Bald and the Beautiful

“You know, my mom and I got talking about impotency.” said Rajkumar, the trademark mischievous look on his face. “How did that come up?” Shachi asked ever so innocently. “That’s the point – it didn’t.” I said, before Rajkumar and I burst out laughing, while realization dawned on Shachi. “My mom and I were talking about my receding hairline.” I immediately offered my sympathies, having had to undergo a similar torture not too long ago.

It’s no secret that I am, as Colin Mocherie put it, “follically impaired”. Let’s face it, I am going bald. And honestly, I have no problem with that. Well, maybe just a little bit, but then one can’t be blamed for feeling a little sad about going bald. What really gets me is how all and sundry feel obliged to help you get through what should most definitely be a difficult juncture in your life. The constant tut-tutting, the sympathetic looks, and the inevitable suggestions ranging from home remedies of applying virtually every food product on your scalp to the more ‘scientific’ methods like hair weaving, transplants, and of course,  “Hair-o-max” and other similar medication.

As a kid, most people admired my head of strong and lustrous hair. My father, who was apparently “the Rajesh Khanna of his college” in his hay days, would beam proudly at me and say, “Of course, he gets it from my family. I was the only one in my college whom my principal didn’t ask to get a haircut. Even he was in awe of my hair.”

Obviously, it irritated him to no end that I insulted the God given gift of amazing locks by cutting them very short. The very mention of a haircut was enough to get his blood boiling. Even if it was 45 degrees of scorching heat in the typical Dubai summer. “But dad, it’s so hot outside! My hair itches from sweating like crazy. And besides, my hair is curly and it never stays in place.” “You should learn how to comb your hair. Let me work on those beauties.” After what seems like eternity, and using an array of weapons ranging from the hair dryer, hair sprays, an assortment of combs and God knows what else, he gets my hair glued to my scalp and takes a step back to look at his handiwork. “Ah, there you go. A true work of art, even if I do say so myself. If only I…”

“AAAAAAAAAAA!!!! What on earth is that???? Oh please, do not subject our son to such cruelty!!” My mom came running into the room, with a look on her face that can only be described as one of pure horror. I looked at the mirror and realized why. My hair would single-handedly put me in contention for the most ridiculed boy in school. Actually, there would be no contest. I would win hands down. Thankfully, before this potential nightmare would be realized, my mom ensured I got a haircut at the earliest.

The recession came once I moved to Chennai. I’m not sure what it was – the intense heat, the really bad water, dandruff, or just plain heredity. Whatever it was, once the first hair hit the ground, what followed was just pure freefall. Day after day, I watched helpless as the hairs migrated from my head to my t-shirt, and more of my scalp was exposed to the world. But even then, I wasn’t overly concerned.

It wasn’t until one of my visits to Dubai that this ‘problem’ was addressed. My dad took it quite badly that his son was losing hair – and even worse – didn’t even bother to find out ways to overcome it. I would hear him muttering “Not even remotely worried that he will soon be bald. How will his future shape up?” I thought it best not to bring up the various concerns I had with his cribbing statement, lest I open Pandora’s Box. My mom was also wrought with grief, though she tried her best to hide it. “It’s hereditary. You’ve got it from my family”, she said, her face guilt ridden. I tried my best to pacify her and my dad, but between disappointment and guilt, my parents were quite inconsolable. It wasn’t until I agreed to see a dermatologist that some sanity ensued.

After avoiding the matter for as long as I could, I finally paid a visit to the doctor. The doctor, who had a fine head of hair, looked intently at the edges of my hairline. “You have type-A male baldness”, he said, “Most common kind of baldness”. Like being part of the most happening baldness club was supposed to make me feel better. “As for the treatment, I can prescribe some hair ointments and tablets. However, you have to be extremely regular. And you must take quite a few precautions for your hair.” I did not like this, but gave a sigh and nodded. The sacrifices one has to make. “I’ll do my best. Whatever it takes, I guess.” The doctor hesitated slightly. “Er, there is one more thing. Of course, it is a very rare thing – in fact, the rarest of rare, if you will.” He laughed nervously. “But ….”

I got out of the doctor’s office in something of a state of shock. My train of thought was interrupted by a call from my mom. “I just met the doctor about my hair; rather the lack of it.” “Oh finally! What did he say?” “He suggested some medication, but there is just one thing.” “Oh, what is it? Please don’t come up with some silly excuse to avoid this.” “The baldness is caused by excessive testosterone production in the body. There is a very rare possibility that the medication, which reduces this, can cause impotency.”

The silence that ensued spoke louder than words. After what seemed like an eternity, my mom finally spoke. “Let’s just wait a bit on the medication. Probably not the best time to start.” I hastily agreed, sure that this would be the last discussion on the topic. Some things are just way more important.

I have gotten a tonsure multiple times. While it wasn’t a dress rehearsal for my future as a bald man, I realized that I don’t look too bad with a clean head. And it does feel free. But then, not too many people share my opinion. They instead take it upon themselves to try and steer me away from my impending doom, from a fate worse than hell itself. Little do they realize that they are actually pushing me further towards it, ‘cause I’m about to tear out my hair in frustration.

What's in a Name?

“Don’t get me wrong. It’s not like I don’t like the sound of it or anything. It’s just that it has too many inconveniences attached to it.”

“I’m sure you’re exaggerating. Or atleast overreacting to the whole thing.” I could see that even though he was trying to maintain a neutral, even somber tone, he was finding it increasingly difficult to suppress his smile.

I sighed. “I know most people find it funny. But it is true – despite my parents’ best intentions, my name has presented a few difficult situations.”

He laughed out loud. “Oh please, what sort of difficulties could the name ‘Rahul’ present? If anything, it should have made you a lot more popular and actually helped than hindered.”

This is a common misconception that most people have. I am not sure if anyone besides Shah Rukh Khan has found the name ‘Rahul’ to be a lucky charm. But then again, I am not sure if any of my countless namesakes find being christened ‘Rahul’ a cross to bear for life. Maybe I am overreacting.
_____________________

I was sitting, as usual, in the last bench of the class, slowly dozing off to sleep. Just when I was about to lose track of reality, I was brought back to earth with a shrill “Rahoool. Don’t be napping in my class.” I woke with a start. In a class with two other students sharing my name, I was the only one who was addressed as ‘Rahool’ by my English teacher. I guess it was an elegant solution to the problem of having too many students with the name ‘Rahul’. Never mind the fact that it spawned countless imitations and the fact that many of my friends still make fun of me.

But even then, the fact that my individuality was preserved made all the jokes tolerable. However, not every teacher was as considerate to my plight. In most other classes, every time the name “Rahul” was called out, my eyes darted from one Rahul to the other like a pinball trying to figure out who would respond. Needless to say, we were constantly nagged by friends. A case in point – once the Chemistry teacher called out to one of us, which was followed by “Rahul”, “Rahul”, “Rahul” from all corners of the class – ‘helpful’ students ‘inadvertently’ adding to the chaos.
_________________________

The train arrived ten minutes late, and we didn’t have much time before the train to Chennai would leave the station. We frantically ran towards the coach A2, and looked for my name. As I was unable to see it, my heart started racing. Had the travel agent screwed up? Would my college admission be in jeopardy? Would it be another yelling session from my dad for no fault of mine? “There it is!!” Relieved, I moved my eyes towards the name my mother was pointing at. Wait a second, why did the name read ‘Ragul’??

It was not until later that I realized that the Tamil alphabet doesn’t use ‘hu’, but rather uses ‘ku’ or ‘gu’ instead. During the three years of my college life in Chennai, there were countless instances where my name was written as ‘Raghul’ or ‘Rakul’. I won’t even get into the various ways my name was mispronounced at that time!
___________________________

My fever was getting worse. I made the long overdue decision to visit the doctor. The receptionist, after giving me a concerned look, took out a card and asked for my name. On hearing my name, with a sly smile on her face, she said “Rahul – naam toh suna hoga”; which was followed by giggles from all and sundry. How naive of me to think that my 103^o F fever would suffice to stop random people joking about my name. As though I had not heard enough of “Rahul is a cheater!!” to last me several lifetimes.
____________________________

I guess these are trivial occurrences in the grand scheme of things we call life. But then again, isn’t this enough suffering on account of one cause, that too one not of my doing?

He probably figured out that I was taking the topic a lot more seriously than he had guessed. “Dude, don’t take it to heart. You are a person, not just a name. As Shakespeare wrote; ‘What’s in a name? That which we call a rose by any other name would smell as sweet.' ”

It was then that I realized that he was right. People liked me for who I am. Who cares if they had a little fun at the expense of my name? Why did I let it get to me? I had found inner peace. I was Po.. er, no, Rahul. But that’s the point. I would no longer be bothered by people……..

“Hey Rahul Gandhi. When did you get out of prison?”

AAAARRRRRGGGHHHHH!!!!!!!!!!
_______________________________

ADDICTION

Joseph was a nervous wreck. He was having a tough time staying away from it. “No, I should not. Everyone is right. My addiction will destroy my life.”

Joseph was trying to think things through. “How had all of this happened?” he wondered. He remembered the days of his childhood back in his village – the shy, quiet boy who was the consistent topper in all his exams in his school.

He was trying to distract himself, he realized. He was trying not to think about the craving he had, the desperate urge he felt to fulfill his desire – no, his need – for it. He kept pacing up and down, trying to think of something else, anything else. But he knew that this would be a futile effort. He knew that no matter how hard he tried, he would not be able to distract himself forever.

“My son has got admission in a very prestigious college in the city!!” He remembered the fateful day, the joy on his mother’s face as she distributed sweets to everyone. Joseph had got a scholarship in the city, and now his dream of joining college would be realized. And why not? He had worked hard for it. As he remembered the events that had led to his current situation, Joseph could not help but be overcome by emotion. As he closed his eyes shut, a tear rolled down his cheek.

“Why did I get into all of this? Why did I let it take over my life?” Joseph cursed himself. He knew there was no one else to blame but himself, no excuse he could hide behind. But deep down inside, he knew the reason for all of this. He remembered the first two semesters in college – how he had tried so hard to fit in, how he could not work in group projects or presentations because of his awkwardness, how he could not make any friends, how he felt like an outcast. He remembered how he had felt so alone; so left out in a crowd.

And then he had found it. At first, he had been skeptical. He had not wanted to try it. Someone had mentioned it in college, and soon curiosity got the better of him. He remembered going into the dingy room, sitting in the tiny space nervously, as he tried it out for the first time. He had not even liked it that much the first time. But then he had got hooked. It transported him to a new world – a world where he had no worries of his awkwardness and his different mannerisms, where he was liberated. He now felt popular, he felt cool – this was an elixir for all his social handicaps. For once, he was happy and felt part of something – he felt he belonged.

But his newfound happiness came at a price – he could not concentrate on anything else. He constantly wanted to get his fix – he bunked his classes, barely ate, lost out on sleep, and spent most of his limited money on going back to get his fix. His marks took a nosedive, and he failed many of his exams. The subjects he had in arrears kept piling up. His life was spiraling downward, but Joseph was oblivious to any of this. Nothing else mattered anymore.

Joseph tried not to look at the cupboard in his room. He had been trying not to all day, but his gaze kept going back to it. Each time, it got harder to look away. Joseph realized he was shaking now. The effort it took to hold himself back was more than he could bear. His willpower was waning, and he knew it wouldn’t be long before he succumbed to temptation.

And then, in a moment he knew he would regret; Joseph did it. His body moved as though controlled by an external force. In a determined stride, he walked to the cupboard. As his hand reached out and opened the door, Joseph felt euphoria amidst all the nervousness. Joseph took the pouch out of the cupboard.

He placed the pouch on the table and opened the zipper. The very sound of this made him cringe. As he took out the contents from the bag, he remembered how he had begged his classmate for it – he had made tall promises to use it for a week. “I’ll give you anything, please. I need it only for a week.” Joseph felt ashamed at how he had stooped so low, how he had made a spectacle of himself. Tears welled up in his eyes.

As he assembled the components together, he remembered his mother’s tearful breakdown, the worried look on his uncle’s face, and the words of advice from his professors. All of them had come to meet him, because they cared for him. And he was letting them all down by his actions. He was letting himself down. Joseph felt the sinking feeling in the pit of his stomach gain intensity. He tried to push aside his thoughts and got to work.

Joseph switched on the laptop with a shaking hand. He felt the soft whirring sound of it booting fill the room. The startup music on the Windows operating system felt so loud, his ears hurt. With a sense of urgency he had never known, Joseph connected to the unsecured wireless network of his neighbor.

He opened the Opera browser and looked at the favorites he had saved earlier. He felt relief flooding his senses now. He was ashamed of it, but he could not deny the unbridled joy he felt. He opened his Gmail account in one tab, his Facebook account in another, and his Twitter account in the third. As he succumbed to his addiction for the virtual networking world, Joseph broke into tears.

REVENGE

Asif Khan and Karim sat at the entrance of the abandoned shed, looking out for any movement. The monsoons were lashing out with all its fury on the streets of Mumbai. As Asif Khan clutched his Beretta 93R, Karim noticed that his hands were shivering. Was it due to the fact that he was wet and cold, or was it due to the fear that had been gnawing at him, Karim wondered. Karim had been with Asif bhai for over seven years now, and had seen the deterioration of the dreaded underworld don to a paranoid, almost crazy maniac.

“Bhai, come in. You are cold. I’ll keep watch here.” Asif Khan looked at Karim with affection. Karim had been his trusted aide, his right hand man for almost five years now. Karim had proved himself time and again, both with his cunning and his sheer ruthlessness. And his devotion to Asif Khan. Asif Khan knew that he owed his life to Karim. Even now, the only reason he was alive was that Karim had warned him about the police, who were now hunting him all over the city. Asif Khan thanked Allah for a younger brother like Karim.

As Karim watched outside for any sign of the police, he thought of the events that had led to all of this. It had been three years since Salim had arrived and almost entirely ruined the Asif Khan gang. It was amazing how one man consumed by hate and driven by revenge could do such damage. Karim had heard the story a million times by now, mostly from Asif bhai himself, as he rued his mistakes and mourned his crumbling empire.

Asif Khan’s thoughts once again diverted to Salim, and how that bastard had ruined him. But he knew that he had wronged Salim’s family, and the guilt that haunted him had made him weak. If only he had discouraged Hussain’s taste for women’s flesh.

The story had been forgotten by everyone. But Salim’s entry into the underworld had brought it all back. Gang members spoke about it in whispers. Some even thought it Allah’s will. Altaf had told Karim the story of how Hussain, a previous gang member, had raped and murdered Salim’s sister. Asif bhai had ordered the entire family be killed. An explosion in the family’s home was orchestrated during the mourning, but Salim had escaped. Two days later, Hussain’s body was found. An entire magazine had been unloaded into him, one bullet to each kneecap, one to the torso and the remaining to his chest. It was clear to see that he had been tortured with a knife as well.

A city wide search for Salim ensued. Asif bhai even used his connections in the police, his informants in other gangs and his boys on the streets to try and find Salim. But there was no luck. There were a few unfortunate deaths of young men resembling Salim, but the real Salim was never found. Everyone felt that he had fleed town, but Asif bhai was never really convinced. Asif bhai felt that Salim had received shelter from one of the rival gangs, but his gang members pleaded with him to avoid a bloody gang war. Asif bhai had relented, but felt that he had not heard the last of Salim. Six years later, he was proven right.

Salim returned to Asif Khan’s life with a bang. A boat carrying heroin came in with nothing but torn up sacks, the bodies of the crew members, and a note by Salim swearing vengeance. What followed was a relentless attack on Asif Khan’s gang by Salim. Asif Khan’s informants in other gangs were exposed and murdered, his rackets constantly raided by the police on account of tips from anonymous informants and his turf was attacked when a car bomb exploded, killing five of his gang members and injuring Asif Khan.
What followed was probably the bloodiest chapter in the saga of the Mumbai underworld. Asif Khan asked for whoever was hiding Salim to surrender him to avoid an all out gang war. When no one came forward, Asif Khan declared war. The days of peace were over, and reign of the gun had started. Karim masterminded the sure and savage wipeout of the opposition, both outside and within the gang. Many gangmembers who had reservations about Asif Khan’s latest move either kept quiet out of fear of Karim, or were silenced forever by him. The Mumbai police, who were helpless spectators for most part and tried their best to curb violence in the city, could not help but admit that Asif Khan was doing his job by getting rid of the gangs. The underworld suffered, in terms of lives, business and money lost in this mindless carnage. The streets of Mumbai were awash with the blood of the underworld.

In all of this, there was still no sign of Salim. Asif Khan grew more and more frustrated as each passing day brought no news of Salim’s death. He drank too much. He started having nightmares of the devil, the shaitan, coming and dragging him into the depths of darkness. He had trouble staying composed, and despite consulting a lot of doctors, there was nothing that could be done if his mind could not be calmed down. He suspected his men were plotting against him, and kept telling Karim that the blast in his turf could not be orchestrated without the help of an insider. His health took a downturn as he started eating less. He was consumed by fear, and he was helpless to do anything. His nemesis, his hunter, was lurking, waiting to strike, and he could do nothing but wait.

Karim, in the meantime, did everything he could. Salim’s photo was sent everywhere; but to no avail. He managed to get rid of most of the rival gangs using all the means he could. But things got worse. The police were given strict orders to clean up the city and put an end to the bloodbath. Asif Khan was to be captured, dead or alive. Karim had no illusions about which option the police would choose. It wasn’t long before his informant in the police told him that an arrest warrant had been issued for Asif Khan. Karim knew he had to act quickly. He arranged the fake passports, the money and the tickets to Singapore. Soon Asif bhai and he had left the house in an old Maruti 800, but had to hide out in an abandoned shed after Asif bhai noticed a couple of policemen who may have spotted them from a checkpost. Now he sat near the entrance of the shed, his Colt Double Eagle clasped firmly in his hand.

Asif Khan was slowly drifting into sleep. He saw, out of the pitch black, a figure emerging. Covered in flames, the figure was coming to him slowly. Asif Khan tried to move back, but he could not move an inch. He was crying and yelling in fear, but the shaitan came to him, burning bright. The shaitan stretched its hand, reaching for his feet, ready to drag him to hell.

Asif Khan was woken by a loud bang and an excruciating pain in his knee. Blood was oozing from his kneecap. Wailing in pain, he clutched his knee and looked up. His eyes widened at what he saw. Towering over him was Karim, pointing his Double Eagle straight at him. The smoke from the barrel rose slowly.

“Karim?” he asked, almost in a daze. “Why? Why are you doing this? Did Salim hire you? Or was it the police? I treated you like a brother. I trusted you. WHY ARE YOU DOING THIS??”

“Salim is dead. He died all those years ago. He had succumbed to his injuries during the blast you triggered. You killed Salim. You killed his parents, my uncle and aunt. And Abida. That bastard raped her and murdered her. Your henchman dog killed her. And you let him. You let him loose on the streets, and instead, killed my innocent family. You took away all the family I had. You murdered my love. I was going to have my nikkah with Abida. And you took her away.”

“Karim, please.. please.. listen to me. There was nothing I could do. I tried to stop Hussain. I didn’t mean for any of this to happen. Please. I’ll give you anything. I have money. You know that. Please let me live. For Allah’s sake, we were like brothers.”

Karim fired a shot onto his left kneecap. Asif Khan yelled in pain. “Hurts, doesn’t it? You were no brother to me. Getting into your gang and gaining your trust was necessary for me. And you have given me everything I needed. Your slow death from fear – THE ONCE INVINCIBLE ASIF KHAN, NOW SCARED OF HIS OWN SHADOW – that has been my greatest reward. You made me kill people. You made me go against Allah’s will – and now you beg for mercy using Allah’s name? You are a pathetic man; and the world would be a much better place without you. YOU WILL DIE, YOU SON OF A BITCH!!”

Asif Khan’s face turned ashen white. He had realized that Karim had taken away his Beretta, and now there was nothing he could do. He could hardly move because of his damaged knees. He started crying and begging for mercy. As he looked up, he saw the contemptuous smile on Karim’s face. This was the last thing he would see, as the bullet from Karim’s gun hit him in the chest.

Karim emptied the magazine into Asim Khan’s chest. He was shaking with fury. He let out a roar; filled with anger, rage. All the emotions he had hidden deep within for so many years. He had finally had his revenge. He wiped Asim Khan’s blood from his face and hands. Throwing the gun aside, Karim walked out of the shed. As he stepped out, he felt the rain, coming down hard, cleansing him. He had journeyed through sin for seven years and had finally achieved redemption. He got into the car and drove away.

P.S: A note of thanks is in order here. Many thanks to Rajkumar, who through his facebook post (also titled "Revenge") unwittingly inspired me to write this piece. Thanks dude, for bringing me out of a creative slump. I owe you one.

P.S. 2: Of course, like Rajkumar, I am also a man of peace.