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caste relations

Son marries outside caste, father files copyright case protecting use of family name

Case demonstrates innovative tactics families are employing to stop inter-caste marriages, say activists.

A Bihari lawyer, Sidh Nath Sharma, has filed a case against his son demanding that he stop using their family name after he married a lower caste woman. If his son, Sushant Jasu, continues to use his name, he should pay him Rs 10,000 in copyright fees every time he uses it, Sharma demanded.

Sharma, a Bhumihar Brahmin, claims that by marrying outside their caste, his son has not only hurt him, but damaged his social reputation. He is seeking Rs 1 lakh as compensation for all the time and money he spent bringing up his son.

Jasu is a tax official working in Gujarat. Jasu's wife, who is unnamed in an AFP report about the story, is a bank officer from Danapur. Sharma's wife and the rest of his family, who all attended Jasu’s wedding, support the son's decision.

“This just points to how caste reproduces itself,” said Suryakant Waghmore, a professor at the Tata Institute of Social Sciences. “Even the most irrelevant law can be used very innovatively to perpetrate caste matters. Constitutionally speaking, this case should not even have been registered.”

According to a 2013 study by Princeton, only 6.14 per cent of marriages in Bihar are between people of different castes, compared to a national average of 11 per cent. Of these, 3.62 per cent of inter-caste marriages involved women marrying men of upper castes. Bihar also grants Rs 50,000 to all Bihari Hindu women who marry outside their caste.

Activists working in Bihar say this is a wholly unprecedented case. “The fact that he has sued his son is very bizarre,” said Father Philip Manthra, president of the People’s Union for Civil Liberties in Bihar. "This case is definitely an anomaly." Cases of inter-caste marriages are usually dealt with by khaps and other traditional caste associations, he said.

These associations employ a range of tactics to pressure people not to marry across caste lines. Violence is not uncommon, though there are no official figures for such crimes.

When he heard about the story, copyright lawyer Avesh Kayser said, “This is utter stupidity. Where is the question of copyright in this? It is a person’s personal name. I can understand if the name was a trademark, but even so, if I were named Ratan Tata or Anil Ambani and I started a proprietorial business, there is nothing either of them could do to stop me.”

However, now that it is in court, Sharma’s case will have to be weighed on the merits of the law. The case will be heard on January 25.

“For the sake of argument, a surname could possibly belong to a family, but once a personal name is added to it, it assumes an entirely different identity,” said Kayser.

“Even if the copyright over the surname does belong to the family, it was not created by the father,” he added. “By Indian laws, copyrights cease to exist 60 years after the death of the creator. Therefore the surname cannot be considered to be the family’s copyright.”

For now, Sharma has agreed to withdraw his case if his son divorces his wife -- with her consent -- and marries a woman of his own caste.

Waghmore rubbished this idea. “If the son has any sense, he’ll drop his surname now that he has already crossed caste boundaries,” he said.
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“Doctors have it easier than us. Their mistakes get buried, our mistakes will be there for everyone to see”

Celebrated architect Hadi Teherani tells us what luxury in the living space means to him.

Hadi Teherani is best known for designing iconic buildings in Germany including the famous Dockland office in Hamburg and the Kranhaus in Cologne. But he’s also left his mark on the landscape of Abu Dhabi with the Zayed University, and has designed a luxury residence that will soon grace the skyline of Mumbai—Lodha Altamount. We spoke to him about the challenges of designing luxury living spaces in India.

Q. In your opinion, what is the definition of luxury specifically in the area of private residences? Is it a lot of fresh air, space and daylight? Is it the room composition? Or is luxury something completely different?

Hadi Teherani (HT): For me, luxury is first and foremost to have space, not just enough for what you need but enough space to really thrive. And luxury has always been defined that way. If you look at Art Nouveau houses, those rooms have incredible heights. So yes, space is definitely an important factor when it comes to luxury. In Europe people pay attention to every square metre and here in Mumbai it is the same. There are slums where 4 people live in one room and just across the street somebody is living by himself on 1000 square metres. Once you have space, luxury can be in the features, in using certain materials, and there is no limit. Some things, of course, are simply not available here: the luxury of fresh air and a clean sea. No matter how much money you are willing to spend, you cannot get those. Therefore, you are limited to what is available.

Q. Have you incorporated this concept of space into previous projects?

HT: Yes, in different ways, no matter if you are working on government-sponsored housing projects or in the luxury segment. Usually our projects are more in the luxury segment, where space is crucial. We are currently designing a building where luxury can already be sensed at the parking level. You reach with your car and you are already supposed to have the feeling that you’ve arrived at a hotel lobby. This is how far luxury has come. That the arrival in a garage already gives you the feeling as if you are coming to a palace—you get out of your limousine into this stunning lobby and this feeling continues as you go up into the apartment where you have a bathroom that is 20-30 square metres and not just 5-10. The idea of really designing your bathroom or kitchen has not yet reached India. Bathrooms are still rather compact and practical since the idea of spending quality time in your bathroom doesn’t seem to exist yet. Customers definitely do not request a spacious bathroom when we discuss their projects. For me, personally, a great bathroom is extremely important, as it is the first thing you use in the morning. Afterwards you go to work, and you come back home. But I believe the areas that you use most need to have enough space for you to move and thrive in.

Q. Do you have any role model in the field of architecture? Maybe a building or a person?

HT: The Bauhaus is still my role model. Back then they designed products for day-to-day life, affordable for the general population. But those products have become classics today like the lounge chair by Le Corbusier. Those were project works but Bauhaus thought further ahead. The idea was to give people light, air and space, and to free them from elements that were poorly designed and uncomfortable like big stucco ceilings. The focus needs to be light, air and sun. For them, architecture and product design were always very fluent concepts. Le Corbusier, for instance, designed fantastic buildings as well as whole cities, but on the other hand also designed furniture. Gropius had even designed a car once and furniture, too. This school of thinking has influenced me, and once you have all those “tools” and this way of thinking, you get very far. With this “toolbox” of modern design, you can create anything and influence society. The times back then aided this development; everyone was opening up, living in and with nature, not hiding away in little holes. And the world evolved from there. And today you can see they are daring even more spectacular things in Asia than they used to in Old Europe.

Q. You have already gained quite some experience in India. Is there something that you would define as a typical “Indian palate”, and if so, how does it differ from the international projects? You already mentioned the differences in bath and kitchen design, but are there, for instance, taboos like colours you wouldn’t use or something in room composition?

HT: I haven’t encountered anything like that. What I do experience is that many projects are influenced by religious thoughts and by Vaastu, something like Feng shui. So the master bedroom has to be in the south-west and the kitchen has to have a certain location. Those rules need to be followed exactly, no matter if it makes sense for the building or not. Here in Mumbai it’s a little more liberal but in other regions, Hyderabad for instance, every centimetre has to be exact as per Vaastu. Sometimes they want a dedicated room for pujas. All this changes while designing a project, of course. But overall the ground plans are not that different. The families might be bigger so houses and apartments are bigger as well, or they are trying to utilize each and every square metre and avoid hallways, for example.

Those projects are also in the centre of a lot of marketing. We are not used to that in Europe but here in Mumbai or even more in other cities like Bangalore, along the entire highway from the airport into the city you only see 50-metre-high billboards announcing new real estate projects. You don’t see anything else! And it’s very creative marketing with catchy headlines and slogans. That isn’t happening in Germany. One more difference: when designing upper class buildings in India, they require a maid or servant room, maybe a separate entrance from the staircase and so forth. Here, you can still afford having a maid. In Europe you might have someone coming by for three hours once a week but certainly not living in.

Q. Let’s talk about the Lodha Altamount. What was the challenge?

HT: The design of Altamount was strongly influenced by being a Lodha project and by its location. Next to Altamount stands a luxury highlight of architecture, the Ambani tower, the most expensive home in the world. How do you want to top that? The Ambani tower is very structural. It shoots through the air, it combines all sorts of crafts and structural design elements with gaps and open spaces. You can’t top that and definitely not with our type of design. That’s why we decided to hold back and instead develop a dark and sleek building. That type of building doesn’t exist a lot here in India. Usually buildings have many structural elements like beams and balconies. By creating a calm building in the skyline of Mumbai, we will make Altamount stand out. Plus, the top of the building is very unique. Many structures are either simply cut off straight or completed by a dome. We have two geometric pointy tops so that the building is properly completed and doesn’t look as if it could grow further. It has a head and feet and is finished. So for us to hold back was our way to stand out. It doesn’t devalue the building design in anyway. It is meant expressively in the sense of “less is more”. And the interior is of course very luxurious: it is designed through and through, there is the green car parking podium, each balcony has a mini pool. So all those luxury features are present but the architectural design is based on the idea of “less is more”.

Lodha Altamount (Mumbai) designed by Hadi Teherani.
Lodha Altamount (Mumbai) designed by Hadi Teherani.

Q. Luxury can drift into the eccentric, depending on the client. Have there been any projects that were very eccentric which you still accepted or projects that you had to turn down because they were too eccentric?

HT: As architects, we create a space. What happens, of course, is that people buy an apartment in a great contemporary building and then furnish it in a baroque style. But that freedom has to be there, of course, because we can’t also tell the client which curtains to use or clothes to wear. At a certain point our job is done. However, when it comes to public buildings, the public is supposed to benefit from, so I have to be strict and dictate. In private buildings you can leave it up to the individual but publicly I have a responsibility and cannot consider each and every taste. I have to do a clean job so that in the end every individual can find himself or herself in my design. Anyway, taste always stems from a certain upbringing, culture and environment, so I also have the duty to educate and that’s what I do with my projects. When a small child walks by a building, she recognizes when the proportions are right even if she has no idea about architecture. But if the proportions are off, the child will pick that up too, because every building also exudes energy, either of unease or comfort. So we have quite a big responsibility as well. I always say doctors have it easier than us. Their mistakes get buried, but our mistakes will always be there for everyone to see.

With one residence per floor and a host of bespoke luxury services, Lodha Altamount is the epitome of unrestricted luxury. Designed by Hadi Teherani, and a part of the Lodha group’s Luxury Collection that has homes present at only the globe’s most-coveted locations, Lodha Altamount is the last word in luxury in India. For more information about Lodha Altamount, see here.

This article was produced on behalf of Lodha by the Scroll.in marketing team and not by the Scroll.in editorial staff

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