Tuesday 14 October 2014

50th anniversary of Dr Martin Luther King's peace prize

One has a moral responsibility to disobey unjust laws
~ Dr Martin Luther King, Nobel Peace Prize laureate 1964
It is 50th anniversary of Dr King's peace prize, and I came across this quote on an American liberal page. Now I am conflicted -
1. In the context that Dr King spoke - laws segregating blacks and whites - his statement makes sense. I am not comparing this with the Indian situation and Gandhi's civil disobedience because that was under a foreign rule. In Dr King's case, they were fighting against their own democratically elected government.
2. If we consider the Indian context, we know that there are many laws that are unjust. Section 377 discriminates against the LGBT; Sections 295 (hurting relugious sentiments) and 66(A) of the IT Act are both against freedom of speech and expression. Arun Shourie in his 'Courts and Their Judgments' outlines how over and over again courts and netas have flouted constitutional principles in order to please their vote banks or to assuage their liberal guilt. The principle of quality has been trounced repeatedly in legislature as well as in the courts, whether it is in the form of reservations, reservations in promotions and educational institutions, or anti-men dowry laws, or minority appeasement.
Now it is a strange dilemma - our lawmakers have taken away all rights from us to seek legislative redressal, unlike in the US where specific laws can also go to vote. The electorate is broken along caste and religious lines, while our electoral system also makes it favorable to politicians to further these faultlines - it is a vicious circle.
The courts will not outlaw laws in most cases, since we do not have a permanent tenure system - judges rarely overthrow laws for being unconstitutional, as we saw in the Section 377 hearing. Unlikely, too, therefore, that the courts will overthrow other similar laws.
So the redressal mechanism remains - what? Public protests on the streets? But that's what the Aam Admi Party does, and we all know where that leads: anarchy, and hijacking of our purpose by either agents provocateurs or by unscrupulous hangers-on.
What do you think? Is there a way out? I don't see any, and I don't know how far I agree with Dr King.

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