THE INTERPRETATIONAL STANCE DIFFERENCE WITHIN INDIA AND ABROAD
Recently a Tis Hazari additional session judge has dismissed an accused's revision petition on the ground that the word " f**k off" is demeaning and can't be used as a substitution to ask somebody to " go away" in "Indian Society" even if it is to be a slang.While Literal interpretation had always been the fundamental rule to adjudicate cases world wide, the modern era judges have not shyed away from employing pruposive rule of interpretation. Which states that law be interpreted to understand it in its spirit and not language . To say it should meet the purpose, hence the name .
It is interesting how divided judgements have co existed in Indian courts .
Recently, Supreme Court judge, Justice D .Y. Chandrachud led the same rule of interpretation (purposive) to put across the rights of an unmarried woman / live in couples / abandoned woman's to abort an unwanted pregnancy under the MTP Act, 1971.
He held it to be bias on the sex of women to determine their right to abort on the single yardstick of their marital status. He acknowledged the existence of Pregnancies out of wedlock and other unconventional relationships that exist in India today which can result in a pregnancy that would be burdensome on the parents and thus should be allowed to be let off .
The spirit of law has always been to amplify the remedy and remove the burden .The word "F**k off" is an non apologetic lingo in everyone's dictionary today and the puropse of slangs have scarcely ever been sincerity.
It has been an interesting judgement at the Tees Hazari court rendering the interpretation of the slang in the modern times . Interpretation and Jurisprudence form the fundamentals of law. it is the heart of the statutory language with which the gavel makes or break the society. While the soul and ramification of the judgement still remains open for profound and lengthy discussions, the interpretation of CPC has undeniably piqued my interest so far as the modern literalism and law interpretation is concerned.
FACT OF INTEREST:
An organisation in U.S had tried to trademark their business name FUCT( Friends you Can't Trust) a few years back . While the US trademark appeal board then held that the word is phonetically similar to F**K and is profane and scandalous , In 2019 the US Supreme Court overruled the judgement citing the reason that the word F**K has underwent leaps and bounds of changes since it original coining. While it would conventionally mean profanity and immorality , the recent usage of the word reeks with recurrent popularity, urbanism and autonomous interpretations .
The word F**K can also not be trademarked in the US as the court held that every citizen apparently has an inherent right to use the word F**K and it should remain such for everyone's disposal.
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