Prof. Baxi admits "unpardonable error"

Letter sent to Prof. Baxi through email on 13 June, 2014 and his reply.

Sir,

Find below text of an unpublished letter sent to the Indian Express. Given your stature I.E. is unlikely to publish a letter pointing out gross error of fact in your article. So I am sending it to you in the hope that you will self-correct your mistake. This letter and my earlier report on PILs is available on our blog pilwatchgroup.blogspot.in.

Yours sincerely,

Shobha Aggarwal

To,

The Editor,

The Indian Express.

Sir,

Apropos Upendra Baxi’s ‘Just Governance’ (I.E., June 10). While arguing for reversal of Supreme Court judgement on Section 377 of IPC the author states “Apart from strong independent arguments supporting this change, a reversal is now further mandated by three judge bench decision recognizing the constitutional rights of the third sex.” The SC judgement dated 15.04.2014 in transgender case was pronounced by two judges namely Js. K.S. Radhakrishnan and A.K. Sikri and not three judges as stated by the author. Therefore it stands on the same footing as the 377 judgement which was also pronounced by two judges. The transgender judgement does not mandate any reversal in 377 judgement except on the merits of the curative petition itself. Most curative petitions get dismissed in the chambers. But in the 377 case the media and public pressure has at least ensured an open court hearing.

Prof. Baxi also needs to honestly examine if any “public interest litigation” which he insists on calling “social action litigation” has ever benefited any poor person in India. The judgements in PILs only propound lofty ideals. The ground reality is that justice is never served to the poor through the aegis of PILs and most judgements benefiting the poor stay unimplemented. In fact most PILs that are filed have nothing to do with the poor and many even adversely affect the poor.

Shobha Aggarwal

Advocate and author of a Citizen’s Report titled “The Public Interest Litigation Hoax – Truth Before the Nation”

Prof. Baxi’s reply

Dear Ms, Shobha Agrgarwal,

Thank you for your letter.

Thank you for pointing out the unpardonable error; and I hope  the IE publishes your letter,

Rest assured that I will do my best to correct the error. 

Regarding the last para of your letter, while I agree that SAL has done not much for the impoverished,  and the jurisdiction of hope and prayer inaugurated by Justice  Bhagwati has not gone far, I do not agree with the view that in no case it has done so.  Perhaps, your view is that it has not preeminently helped the impoverished.

I have not read your article about the'hoax'  that SAL has been but I have read some empirical analyses  that point to your way of thinking. 

With best wishes,

Upen