Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Thursday, July 11, 2024

A Robot Commits Suicide?


Famous Kannada novelist and scholar T R Subba Rao, (Talukina Ramaswamaiah Subba Rao), popularly known as Ta. Ra. Su. (ತ. ರಾ. ಸು.) was a nephew of T S Venkannaiah (Talukina Venkannaiah), a towering personality who did yeomen service to the growth of Kannada language. Subba Rao was well-known especially for his chain of historical novels centred around Chitradurga Fort and the royal families that ruled from that place. His novel "Durgaastamaana" (ದುರ್ಗಾಸ್ತಮಾನ), about the fall of Chitradurga fort and the Madakari Nayaka rule, earned him Sahitya Academy award. Many of his novels were made into movies and are even today considered as trend setters. Chandavalliya Tota (ಚಂದವಳ್ಳಿಯ ತೋಟ), Chakrateertha (ಚಕ್ರತೀರ್ಥ), Chandanada Gombe (ಚಂದನದ ಗೊಂಬೆ), Gaali Maatu (ಗಾಳಿ ಮಾತು), Bidugadeya Bedi (ಬಿಡುಗಡೆಯ ಬೇಡಿ)i, Benkiya Bale (ಬೆಂಕಿಯ ಬಲೆ) were all popular films based on his novels. "Hamsageete" (ಹಂಸಗೀತೆ) was another classic movie that is considered as one of the finest movies made during the golden years of Kannada film industry and a milestone in the career of popular artiste and hero Anant Nag.

Three of his novels, Naagara Havu (ನಾಗರಹಾವು), Sarpa Matsara (ಸರ್ಪ ಮತ್ಸರ), Eradu Hennu Ondu Gandu (ಎರಡು ಹೆಣ್ಣು ಒಂದು ಗಂಡು) were merged and made into a movie under the title "Naagara Haavu", meaning King Cobra, by Puttanna Kanagal, one of the most famous directors of the South Indian film industry. This film launched the film career of Vishnuvardhan (ವಿಷ್ಣುವರ್ಧನ್) and Arati (ಆರತಿ), both evolving into highly popular hero and heroine of Kannada movies subsequently. The film was also made in Hindi later, with the title "Zahreela Insaan" and directed by Puttanna Kanagal himself. 

When the movie Naagara Haavu was released in 1972, there were mixed reviews. Some people said that they had never seen such a magnificent and big Cobra. Others had a different view though it was a big box office hit. Ta. Ra. Su. himself is reported to have said that it is not a Cobra but a "Kere Haavu", meaning it was a non-poisonous snake or "Rat Snake".

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Three new legislations dealing with criminal laws have come into force in India from 1st July, 2024. Titled Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Saakshya Adhiniyam (BSA), they replace Indian Penal Code (IPC), Criminal procedure Code (CrPC) and Indian Evidence Act (IEA). Those in support of the new acts say that the three new acts are path-breaking and replace the age old British-era acts. Those against the acts say that they are draconian and will be used to silence the critics of people in power. Many in South India appear to have not gone into the acts themselves, but stuck in the titles itself. These are Sanskrit origin words and not acceptable, they say. English is fine, even if it is a foreign language, but we don't want Sanskrit names, is their line of thinking. 

The acts were passed by the parliament when most of the opposition pary members of parliament were suspended from the houses for various reasons. While the jury is out about the true test of these laws, the opinions expressed on them reminds us about the reviews we read and heard when the film "Nagara Haavu" was released.  A former Union Home Minister well known for his talents in drafting and changing drafts has even gone on record to state that these legislations have been drafted not by professionals, but by part-timers. Only the roles are reversed here. Those opposed to the Acts see big cobras in them whereas those in favour are seeing not even rat snakes, but beautiiful flowers!

This is the tale of three novels there, and three acts here.

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Many of us believed that natural and artificial could not co-exist. Like for example, teeth. The Lord gives us natural teeth. When they fall due to old age or extra affection shown by someone, we go to a dentist and get a set of artificial dentures. It is artificial teeth after natural. It was so thought for intelligence as well. One thought that artificial intelligence will come after we lose all natural intelligence. It ia not so. Now artificial intelligence not only exists with natural intelligence, it is in fact created by natural intelligence and is even threatening to overtake natural intelligence. The story of Frankenstein is coming to mind, For example, the picture given at the top of the blog post is said to have been created by using AI. 

Gurmi City Council in South Korea had created a Robot, called as "Robot Supervisor" for assisting people in various tasks when they visited its office. A picture of the robot is given alongside. It was working fine for quite some time there, until last week, when pressure of work caught up with it. 

Robots have been created for quite sometime to enable transfer of many routine, risky and monotonous tasks to them so that humans are safe. One thought that robots  will not feel tired after sometime and can work for long times without fatigue. They were also expected to work without pressure of work, the most common excuse given by humans for all their mistakes and blunders. Korea is one of the countries that has excelled in modren technology and created many robots for performing various tasks in all walks of life. 

Around 4 PM on Thursday, 4th July, 2024, it started "behaving strangely and circling in one spot as if some thing was there". Then it fell from second floor and was found in a heap between second and first floors. 

A picture of the robots body after the said suicide is given alongside.

This is called as the first "Robot Suicide" in the world and has sparked a worldwide debate. 

It happened in Seoul and hence no conspiracy theories have been floated so far. There is also no speculation yet as to whether there should be a commission of enquiry, and if so, whether it should be headed by a next generation robot or a retired superior court judge or a serving senior judge. 

While scientists and robot manufacturers may suggest that this was no suicide, but a routine malfunction that can happen anytime, labour unions may take up the cause of stress in working environment for their actually working colleagues. 

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What is the connection between "Robot Suicide" and the three criminal laws? 

When someone contemplates suicide, it should be executed with all heart and mind. Then there is final solution and salvation. But a failed attempt at suicide will bring in even more misery. An attempted suicide or even abetment of such attempt was punishable under Section 309 of the now repealed IPC. It was punishable with imprisonment up to one year or fine, or both!

Mental Healthcare Act, 2017 exempted such punishment in certain circumstances.

Fortunately for all suicide lovers, the Bharatiya Nyaya Sanhita, which has come into effect from 1st July, 2024 does not have an equal provision against the Section 309 of its predecessor, IPC. Thus the act of attempt to suicide is actually decriminalised now.

One trusts that this good news for suicide lovers should be equally applicable for robots as well.

Sunday, July 7, 2024

Clean Hands



Macbeth and Banquo ware the two Generals of King Duncan. They see three witches on a bleak Scottish moorland. The witches prophecy that Macbeth will become Thane of Cawdor becomes true shortly as King Duncan declares him as such due to his success in the battlefield. The King also plans to make a brief visit to Macbeth's castle in Inverness. Having come to know of these developments, Lady Macbeth decides that she will do everything in her command to ensure that Macbeth will become the King, by whatever means that is necessary. 

Macbeth comes to the castle and King arrives shortly thereafter. Macbeth couple decide to kill King Duncan in order to achieve their goal, and wait for everyone to fall asleep. When everyone is fast asleep, Lady Macbeth gives drugged wine to the guards so that Macbeth can kill the King. King Duncan is killed. King's sons flee fearing for their life and are blamed for the King's death. 

Macbeth becomes King but feels insecure. In order to save his throne, he unleashes a reign of terror and many persons are killed, including Macduff's family, since Macduff (another General) is loyal to King Duncan. Even after all these, Macbeth is not comfortable and fears attack from enemies who have fled to England. He seeks further advice from the witches who inform that he is safe until Birnam Wood marches to fight against him. He is also told that anyone born of a woman cannot challenge him in war. 

Malcom, one of Banquo's sons who had fled to England moves in to attack Macbeth with help from Macduff. The army carries branches of the trees in Birnam Wood as camouflage. Lady Macduff is now overcome by guilt for having left a trail of blood due to serial killings in the pursuit of her husband's ambition. She sleepwalks and tells her secrets to a doctor. As Macbeth prepares for the final war with Malcom's army, aided by Macduff, he learns of the suicide of his wife, Lady Macbeth.

During the war Macbeth is challenged by Macduff. Macbeth learns that Macduff was born out of a Caesarean birth and knows his end. Macduff brings Macbeth's head to Malcom and Malcom proceeds to be crowned as the King. 

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This is the summary of the play "Macbeth" by William Shakespeare, considered as one of the greatest plays of all times and one of his famous tragedies.

Just before her suicide Lady Macbeth wonders and utters the famous words "All the perfumes of Arabia will not sweeten this little hand". The full statement in Act V, Scene 1 is as under:

"Here's the smell of the blood still. All the perfumes of Arabia will not sweeten this little hand, Oh, oh, oh!"

Her hands were indeed clean as she had never touched any blood directly. But the burden of the many killings, of which she was privy, was sufficient to drive her to death by suicide. After a particular stage even a hardened person cannot withstand the rigours of the wicked deeds. They  may escape others view, but yet torments the one who is responsible for them.

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That was about blood stained hands. But we know about clean hands being washed again and again and still being in doubt as to whether they are really clean. Remember our tryst with Coronavirus days? The dreadful period when one washed hands as well things that were often clean, and yet felt it was not sufficient!

In jurisprudence, clean hands are indeed an important consideration. The maxim is "He who comes into equity should come with clean hands". What is a maxim? A maxim is a short pithy statement expressing a general truth or rule of conduct. Such maxims are universally accepted and do not require any proof. A pithy statement is one that is forceful and meaningful in expression. The maxim of "he who comes into equity should come with clean hands" means once who seeks equity must himself be just and honest. Someone whose hands are tainted with wrong doing cannot seek justice due to his own shortcomings. 

When we talk of equity, we should also differentiate between "equality" and "equity". Equality means providing the same to all. Equity means recognising that all people do not start at the same place and require some adjustments to create a level playing field. The following image probably explains equality and equity quite well:


As can be seen above, in the first part of the image, all the three persons are given two slabs each to stand upon to see something, may be a game or performance. This puts a taller person at an advantageous position but does not help the short one. In the image on the right side, no slabs are provided for the first person, two slabs are given to the second person and four slabs are given to the third person. This helps all the three to see the visual of the game or performance at the same level. This symbolises equity. We may recall how our fathers used to life us on their shoulders so that we could also see what is happening in front of us, which we would have never been able to see otherwise. It was indeed some real equity!

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All students of Organic chemistry know that "Alcohol" is a family of compounds. Ethyl Alcohol or Ethanol (C2H5OH) is the usual ingredient in most of the liquors. In states or provinces where prohibition is in force, some people make "illicit liquor", popularly known as Hooch, and sell it clandestinely. This often contains Methyl Alcohol or Methanol (C3H5OH) or wood spirit, which is very dangerous when consumed by human beings. In addition to this, the hooch is prepared in most unhygienic condition and often using decaying material. 

We often hear of tragedies wherein several people of a village or a group die due to consumption of such illicit liquor. These instances happen quite regularly. The victims of such tragedies are mostly from the poorer sections of the society. There is a craving for giving compensation to the families of the victims. State governments give compensation to the suffering families and often generously with a eye on vote banks.  

Recently there was such a case in Kallakuruchi in Tamil Nadu. The state government gave a compensation of Rupees Ten Lakhs to the families of the persons who died by consuming illicit liquor.

One of the public spirited persons filed a PIL (Public Interest Litigation) before the High Court of Tamil Nadu stating that the very act of consuming illicit liquor is illegal and providing compensation for such victims is unwarranted. It violates the principles of equity and is indeed a burden on honest tax payers. Such compensation tends to encourage consumption of illicit liquor, the PIL said. The PIL also said that the victims are not freedom fighters or social activists, but ones who consumed illicit liquor knowing well the dangers it posed. 

In a judgement delivered on Friday (5th July, 2024), a two judge bench of High Court in Chennai applied the maxim of "Clean hands" and wondered how the government was encouraging such actions by giving a high compensation of Ten Lakh Rupees. They also suggested that the state government may reconsider its decision.

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What the government will actually do is not known. But this case has brought into focus, the issue of governments giving liberal compensations to all and sundry without applying the "Clean Hands" principle.