Are Delhi lawyers jeopardising justice?

The Lawyers Association's refusal to defend the men accused of the Delhi gang rape might be one step too far.

The recent shocking case of the rape and murder of a young medical student in India has sparked widespread debate about the country’s treatment of women. But it also raises questions over the ethics of their legal code: Recent reports have revealed that the 2500 members of the Lawyers Association in the district of Saket have actively refused to represent the six men accused of the crime in light of the public outcry it has caused worldwide.

Perhaps this is unsurprising, given that passions are inflamed to the degree that protestors have called for the death penalty. But what are the repercussions this legal protest might have for justice in India?

In the UK, barristers are regulated by the Bar Standards Board, which sets out that:

 A barrister who supplies advocacy services must not withhold those services on the ground that the nature of the case is objectionable to him or to any section of the public.

The regulations go on to state that a barrister must comply with the "Cab-rank rule," which means that they must accept any instructions from a field in which they profess to practice. India’s regulations are, interestingly, not too dissimilar. The Bar Council of India’s (BCI) states that an advocate "is bound to accept any brief".

This rule is qualified by an addition that says that “special circumstances may justify his refusal to accept a particular brief”. But what constitutes special enough circumstances to jeopardise justice? The right to a fair trial falls under Article 10 of the Universal Declaration of Human Rights; if it’s deemed important enough to feature there then its merit can’t be just be dismissed.

AFP reported  that one member of the Saket District Bar Council, Sanjay Kumar, spoke on behalf of the lawyers:

"We have decided that no lawyer will stand up to defend them. It would be immoral to defend the case".

He goes on to say that the advocates have taken the decision to "stay away" from the case in order to guarantee "speedy justice". This seems outrageous: justice should be just. It should be allowed to take its course naturally, without intervening factors that might artificially achieve it.

One lawyer who has come forward to represent two of the accused, Manohar Lal Sharma, has been insistent that his clients should have access to a fair trial. Sadly this lawyer is acting with a different set of warped motivations. He declared that "I have not seen a single incident or example of rape with a respected lady", placing the blame for her death “wholly” on the victim. Sharma not only personifies the serious issues India has with its perception of women, but also displays a clear misunderstanding amongst its lawyers.

Advocates involved in this case have openly passed judgement on the accused: the Saket District Lawyers’ Association made an assumption of guilt, while Manohar Lal Sharma deemed the men innocent, and is therefore willing to defend them. What is unfortunately forgotten amongst all this is that it isn’t a lawyer’s job to make judgement - that is up to the judge and jury.

If recent reports that the accused are being tortured in order to force a guilty plea are true, then a fair trial is even more imperative for the sake of justice. This in no way suggests that the accused should be emancipated without trial, or that they have not likely done wrong, but it is important to remember that the stance should be ‘innocent until proven guilty’. How can justice be served and guilty men adequately punished if a fair trial has not ensued?

Protesters demonstrating against rape in Delhi. Photograph: Getty Images
Calvert 22/Courtesy of the artist, Danila Tkachenko
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Ruin porn: the art world’s awkward obsession with abandoned Soviet architecture

Deserted fairgrounds, disused factories and forgotten military bases may look cool, but are we fetishising the remnants of such a cruel history?

Armenia, where one side of my family is from, was one of the first members of the USSR, annexed by Russia in 1922. A few years ago, when I visited this little country that perches precariously in the south of the Caucasus, I was struck most by its Soviet architecture.

Although its landscape is a hotchpotch of medieval Orthodox churches, a smattering of Persian-era domes, and brutalist concrete, it was the latter that particularly stuck out. From unfelled statues of Stalin to giant tower blocks spelling out the letters “CCCP” from a bird’s-eye view (well, half spelt-out – construction stopped partway through, with the fall of the Soviet Union), I’ve never forgotten it.

Perhaps it was so compelling because such stark physical symbols make recent history all the more tangible. A history still profoundly affecting the country of my ancestors (and all post-Soviet and communist states). But also, it just looked really cool.


Mixed air corps, Mongolia. Photo: Calvert 22/Courtesy of the artist, Eric Losito

It’s a bit passé now to mock the hipster obsession with reclaimed industrial detritus, exposed pipes and bare concrete. An aesthetic – that of a post-industrial wasteland, but a chic one – which has gripped western cities for years, and crept worldwide.

But it could be this tendency to find disused stuff visually intriguing, and a morbid fascination with cruel regimes, which has led to the art world’s obsession with abandoned Soviet architecture. A whole wave of artists and photographers have been poking around the eastern bloc’s architectural graveyard in recent years.

Late last year, we saw the hugely popular disused Soviet bus stop series by photographer Christopher Herwig, echoing photographer Sergey Novikov’s equally absorbing collection of abandoned Soviet cinemas from 2013.

Following Russian filmmaker and photographer Maria Morina’s “Atomic Cities” project four years ago, London-based artist Nadav Kander explored the “aesthetics of destruction” in his exhibition, Dust, in 2014, snapping “radioactive ruins” of secret cities on the border between Kazakhstan and Russia. The same year, Moscow photographers Sasha Mademuaselle and Sergey Kostromin travelled to the disputed region of Abkhazia, capturing fragments of its deserted infrastructure.


Fighter aviation regiment, Mongolia. Photo: Eric Losito
 

And photojournalist Anton Petrus’ now iconic pictures of Chernobyl’s abandoned amusement park have long been an internet favourite, as have numerous haunting images of Pripyet – the city famous for lying deserted following the nuclear disaster.

Jamie Rann, a lecturer in Russian at Oxford University, has written that the quality and technical accomplishment of most of this photography make the style more “ruin erotica” than “ruin porn” (the tag being used by some critics), but argues: “The enormous online popularity of this genre . . . combined with their voyeuristic, almost exploitative feel, certainly has something porny about it.”

The latest exploration of Soviet society’s skeletons can be found at the Power & Architecture season at London’s Calvert 22 Foundation. In an exhibition called Dead Space and Ruins, we see abandoned military bases and formerly mighty monuments, forgotten space ports freezing in the tundra, the ghost of an entire unused, unfinished city in Armenia lying derelict.



The unfinished "ghost city" built in Armenia to house earthquake survivors (water added by artist). Photo: Calvert 22/Courtesy of the artist, Vahram Aghasyan

The works are beautiful, but do they feed in to this zeitgeisty lust for Soviet ruins?

One of its curators, Will Strong, laments this trend. “I was keen that this didn’t become like a kind of ‘ruin lust’, ‘ruin porn’ thing; this slightly buzzwordy term that there is at the moment, this kind of fetishisation of dead space,” he tells me.

“This history is incredibly loaded, and it did not end in 1991. To sort of fetishise it in the very bourgeois western way of, ‘oh yeah, look at all this wonderful Soviet architecture, isn’t it fantastic?’ Obviously a lot of people who lived in that time hated it . . . a lot of people were very miserable under these regimes, so it’s important not to forget that.”


Gym at the Independent Radar Centre of Early Detection, Latvia. Photo: Eric Losito

He adds: “It’s more a point of reflection on how buildings were designed, what their legacy is, what their narrative is, and who the people are who live with that story. This show looks at the aftermaths of when utopia hasn’t been delivered.”

This view is echoed by the Moscow artist, Danila Tkachenko, whose work is featured in the exhibition. “It is rather a metaphor for the future, not the past,” he says. “It represents an image of a possible future. When there is a visualisation of this issue [utopia], it evokes a response in people; they see this utopia in their lives . . . There is disappointment in all utopias.”


The world's largest diesel submarine, in Russia's Samara region. Photo: Calvert 22/Courtesy of the artist, Danila Tkachenko

His Restricted Areas series explores great behemoths of European communism left to lie forgotten in the tundra of remote regions in and around Russia and Kazakhstan: the world’s largest diesel submarine, like a beached whale in the snow; a giant satellite, thatched with antennae, built to communicate with Soviet bases on other planets some day; the deserted flying saucer-like communist headquarters in a region of Bulgaria. The structures hover in blank, white space, making the photos appear black-and-white.


Deserted observatory, Kazakhstan's Almaty region. Photo: Danila Tkachenko
 

Anton Ginzburg is an artist who grew up in St Petersburg in the Eighties as the Soviet Union was disintegrating. He believes studies like his film, Turo, of disused modernist constructions in the post-Soviet bloc, appeal to people’s connection to history. After all, picking through the architectural carcasses of former societies isn’t exactly a new thing:

“Russian culture is still haunted by its Communist past, and constructivist architecture is a decaying shell for its ghosts. It is an active reminder of the recent history,” he reflects. “Perhaps [its appeal] is a mixture of memento mori, with its thrill of beauty and destruction, along with a Romantic tradition of contemplation of Greek and Roman ruins.”

(Anton Ginzburg Turo teaser from Visionaireworld on Vimeo.)

The Power & Architecture season is on at the Calvert 22 Foundation, London, from 10 June-9 October 2016. Entry is free.

Anoosh Chakelian is deputy web editor at the New Statesman.