Phul Singh vs State of Haryana (and the State of Indian English)

Oh boy, this Supreme Court judgment, excerpted on his blog by Imam Wapsoro, is masterful. Presenting Phul Singh vs State of Haryana, AIR 1980 SC 249:

A philanderer of 22, appellant Phul Singh, overpowered by sex stress in excess, hoisted himself into his cousin’s house next door, and in broad day-light, overpowered the temptingly lonely prosecutrix of twenty four, Pushpa, raped her in hurried heat and made an urgent exit having fulfilled his erotic sortie.

[…]

A hyper-sexed homo sapiens cannot be habilitated by humiliating or harsh treatment, but that is precisely the perversion of unreformed Jail Justice which some criminologists have described as the crime of punishment.

It may be marginally extenuatory to mention that modern Indian conditions are drifting into societal permissiveness on the carnal front promoting proneness to pornos in life, what with libidinous ‘brahmacharis’, womanising public men, lascivious dating and mating by unwed students, sex explosion in celluloid and book stalls and corrupt morals reaching a new ‘high’ in high places. The unconvicted deviants in society are demoralisingly large and the State has, as yet, no convincing national policy on female flesh and sex sanity. We hope, at this belated hour, the Central Government will defend Indian Womanhood by stamping out voluptuous meat markets by merciless criminal action.

The gentleman who wrote this is Justice Krishna Iyer. One can only assume that he proposed to his wife in some other language. Or maybe he spoke like this, and she went, Enough, enough, I’ll marry you, but please don’t go on and on in English. You libidinous brahmachari, you!

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The larger issue here is why Justice Iyer waxed so purplacious. I blame colonialism. Even after the Brits left, English remained a marker of class in India. The better your English, the more highly you were regarded (even by yourself). This led to a tendency of showing off how fluent you were in the language, and from there, to this kind of overkill. For Justice Iyer, the language he used was as much a signal as a tool: It signalled his sophistication and his class. Or so the poor fellow thought.

I believe this is also partly responsible for why style overwhelms content in so much Indian writing in English. As kids, we’re too used to parents and teachers and peers telling us, Wow, this is so well-written, your English is so good. (As opposed to Wow, your narrative was compelling, I lost myself in the story, I couldn’t put it down.) So they end up giving more importance to the language they use rather than the narrative they’re building, while the former should really be slave to the latter. Pity.

And we also see this a lot in our local trains. Two random people will be arguing over something, and then one of them will break into bad English, as if to say, I”m superior to you, I know English. You lout! And then the other guy will say something to the effect of Hey, I know English too. Only you can speak or what? Bastard! And so on.

I’d like to see Justice Iyer get into one those local train fights, actually…