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SC justice Vikramjit Sen on his retirement: #377 bad, religion private, collegium good, loves his drink but also #liquorban

Justice Vikramjit Sen of Supreme Court of India retired on 30 December and Indian Express reported an interview with him where he discussed various contemporary issues.

He is known in the legal circle for his exceptional judgments including upholding rights of an unwed mother and reaffirming the right of Comptroller and Auditor General to audit telecom companies.  Here is the takeaway from the interview:

  • Sen had broader views on homosexuality as compared to the Supreme Court's judgment in December 2013. He said that he believed that the section 377 of Indian Penal Code should be struck down, ideally by the Parliament but the court could have used it's powers to read down and hold the draconian law as illegal as it has done previously. He also spoke about treating transgender people at par with others and restoring their dignity in the society. 
  • Sen termed religion as a private affair and advocated uniform civil code in the country which would be beneficial for the women as they are marginalised by various religions. *LI* had reported about an unsuccessful PIL at the Supreme Court last month regarding this here. Sen said that the state should not recognise any religion at all and that he is saddened by the extent of intolerance shown by Islamic State. He pointed out that muslims in India do not support the view of Islamic state. 
  • While discussing National Judicial Accountability debate, he commented that though he acknowledges that there are flaws in judges appointing judges system, there are examples of first generation lawyers being picked up on the basis of their capabilities alone including himself. 
  • On the topic of upholding liquor ban by the state of Kerala through a bench that included him, he pointed out that he loves his drink and that the people should read the judgment to know the context of the same. He also said that the issue of prohibition of liquor was never before them in the case. 
  • Unlike Chief Justice TS Thakur who openly expressed his happiness with the Delhi government's odd-even policy, Sen refused to comment on it. However, mentioned that he is delighted that debates about environment are taking place at serious level and hoped that some positive result came out of these. 
  • Sen believes that the law is needed more by the poor than by the rich and also commented that he is still fit and eager to work on social projects that help further the cause of justice.  He also praised the new Chief Justice to be an outstanding person who knows the law and has a strong personality.
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