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By:

Quaid Najmi

4 January 2025 at 3:26:24 pm

‘Now, political defections possible without losing seat’

The recent ‘experiments’ in Ambernath and Akot civic bodies have created a political storm. Renowned legal expert, Barrister Vinod Tiwari, President of Council for Protection of Rights (CPR), gives a perspective to the row while interacting with Quaid Najmi. Excerpts... What is the Anti-Defection Law under the Indian Constitution? The Anti-Defection Law is part of the Tenth Schedule of the Indian Constitution. It was introduced through the 52nd Constitutional Amendment in 1985. The main...

‘Now, political defections possible without losing seat’

The recent ‘experiments’ in Ambernath and Akot civic bodies have created a political storm. Renowned legal expert, Barrister Vinod Tiwari, President of Council for Protection of Rights (CPR), gives a perspective to the row while interacting with Quaid Najmi. Excerpts... What is the Anti-Defection Law under the Indian Constitution? The Anti-Defection Law is part of the Tenth Schedule of the Indian Constitution. It was introduced through the 52nd Constitutional Amendment in 1985. The main purpose is to stop elected representatives – MPs and MLAs - from switching political parties after elections for personal/political gain. It aims to ensure political stability, respect the mandate of voters, and prevent unethical political practices. Under this law, an elected representative can be disqualified if he/she voluntarily gives up the party membership or vote against their party’s official direction (whip). There are limited exceptions, like when two-thirds of a party’s members agree to merge with another party. The Speaker or Chairman decides disqualification cases, but their decisions can be reviewed by courts.   Is there a similar Anti-Defection law for local bodies in Maharashtra? Keeping in mind the spirit of the Tenth Schedule, Maharashtra enacted the Maharashtra Local Authority Members’ Disqualification Act, 1986 (enforced in 1987). It applies to Municipal Councils and other local bodies and was meant to stop the elected councillors from hopping across parties post-elections, and preserve the voters’ mandate at the local level.   Why is there so much unrest in the 2025-2026 civic bodies elections? The root cause lies in post-poll alliances, which have been made legally easier through amendments to Section 63 of the Maharashtra Municipal Councils Act, 1965. They allow political parties and/or councillors to form post-election fronts or groups. Over time, political parties have collectively and deliberately weakened the 1986 Disqualification Act, and it is now what I would call a “toothless tiger.” Hence, the strange and opportunistic post-elections alliances witnessed in Ambernath (Thane) and Akot (Akola), and some others after the December 20 municipal council elections.   How exactly was the Anti-Defection law diluted? It was through a quietly crafted amendment to Section 63 of the Municipal Councils Act, 1965, which was implemented after the 2016 local bodies elections, although the Disqualification Act remained on paper. It allows councillors and political parties - within one month of election results - to form a post-poll group or alliance, even if they contested elections separately. Once registered, this newly-formed group is treated as if it were a pre-poll alliance, and the Anti-Defection law applies only after that point. This effectively ‘legalised defections disguised as alliances’.   What were the repercussions? Another major blow came when the State Government amended the law to give itself appellate powers in Anti-Defection cases involving local bodies. Earlier, decisions were taken by Commissioners or Collectors. Now, any aggrieved councillor can appeal to the State Government, which becomes the final authority. This has given huge relief to defectors, especially when the ruling party controls the state government. Now elected representatives brazenly switch sides, aware they may not face serious consequences.   What is the long-term fallout of this trend? These amendments have made post-poll “marriages of convenience” the new political norm. The ruling party always has an unfair advantage, often forming governments without securing a clear electoral majority. This completely undermines democracy and voter trust, besides going contrary to the original purpose of the Anti-Defection Law.

Sexual Harassment Of Women In Films

Updated: Oct 21, 2024

The main functions of cinema are – entertainment, education, information and social change. How does sexual harassment enter into this medium that has been bringing colour and sound and music and romance intoour lives for ages? But this is true and has made its invisible but strong presence felt not only by those who are involved in the industry, men, women and children but also by the audience in the country which produces the largest number of films in the world.

Broadly stated, sexual harassment is defined as any attention of a sexual nature in the context of the work situation which has the effect of making a woman uncomfortable on the job. It can manifest itself in looks, jokes, gestures, bawdy remarks or plain propositions. A large section of women employees faces sexual harassment in varied degrees. Some are presented with the unpleasant alternative of putting up with it, possibly giving in to it, or looking for another job or a less attractive posting without any guarantee that the same thing would not happen at the new place.

The biggest drawback is that its threat keeps many women out of certain occupations and places where such behaviour is implicit in the very nature of the job itself. For young girls and women of all ages, cinema is the most potent field for sexual exploitation protected from any kind of legal penalisation because the victims are unified by an unspoken wall of silence.

“Degi Kya?” asks a filmmaker of an assistant who approaches him to espouse the cause of a young girl aspiring for stardom. He brushes away her talent and beauty with two simple words.

This scene from Madhur Bhandarkar’s Page 3 exposes the ugly face of stardom, especially for the female of the species. The starlet, who refuses to compromise, is seen cavorting with the same filmmaker later in the film.

Interestingly, Bhandarkar himself happened to be in the eye of a storm when an aspiring starlet Preeti Jain accused him of ‘using’ her under false promises of marriage. Why did the furore gainst Bhandarkar fade away with the girl being made to look as if she was making false accusations? Because Bhandarkar was famous and powerful while Jain no one had heard of till she came out with this accusation. Bhandarkar gave up his plans to go ahead with his film Casting Couch, a logical extension of Page 3. But this came out in a later film Fashion.

On the eve of Women’s Day, it would be interesting to unfold contradictions that sustain within the woman question to find out whether women are still more sinned against than sinning.

Many years ago, Parveen Babi, when asked whether she was a virgin, retorted – ‘there are no virgins in filmdom. If you believe there are, you would still find men doing female roles.’ Veteran actress Nadira said that the word ‘industry’ linked to film gave it a dignity it does not deserve. “It is a racket, not an industry,”she said.

Among the quitters, one recalls Savita Dhanrajgir, a beautiful model from a royal family who wanted to make it in films. She recorded her bitter experience about the casting couch where one had to go bed hopping, from financier to producer to director to hero. The small ones do it for any role. The big names do it for plum ones.

In Clap-Trap, a documentary on junior artistes, Jill Misquitta shows how female ‘extras’ are sexually exploited by the middle-men who give them their daily contract. This is sexual harassment where sex is not consensual at all but forced.

In the film Luck By Chance, we find a young runaway girl who came down to Mumbai to become an actress, persuaded to sleep with a director under the false promise that she will be the main female lead in his next film. This never happens and we find her doing cameos in television soaps and serials and accepting her fate.

(Tomorrow: What Hema Committee Report changed?)

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