Research Journal of English Language and Literature (RJELAL)

A Peer Reviewed International Journal - http://www.rjelal.com

Vol.1.Issue.1.;2013

ISSN 2321 3108

RESEARCH ARTICLE

VIJAY TENDULKARS SILENCE! THE COURT IS IN SESSION: A MOCKERY AGAINST

EXISTING JUDICIAL SYSTEM
Dr. MEDIKONDA SAMBAIAH
Assistant Professor in English, Department of Humanities and Social Sciences, JNTUACEP,YSR Kadapa (Dist),
Andhra Pradesh, India

Mrs. KATUMALA SANDHYA

Department of Humanities and Social Sciences, JNTUACEP,YSR Kadapa (Dist),Andhra Pradesh, India

Dr. MEDIKONDA SAMBAIAH

Mrs. KATUMALA SANDHYA

Article Received on :
26/03/2013
Article revised from:
28/03/2013
Article accepted on:
28/05/2013

ABSTRACT
A criticism against Indian Judicial system that the failure of modern legal
theory and practice lies in its understanding of what it is to be a human
being can be undoubtedly attributed to the themes of Vijay Tendulkars
play Silence! The Court Is In Session. The play barbs against existing
judicial system at two levels. Firstly, it can be studied as a legal plea
which demands for emancipation, equality and liberation of women and
stresses the need for a social transformation of law, culture, and social
patterns which release womens potential, where the legal curriculum has
neglected issues of central concern of women like: rape, domestic
violence, reproduction, unequal pay, sex determination and sexual
harassment, from Benares case study: Secondly, the play can be a
thesis on elite-court relations in India as an unsatisfactory arrangement,
where being structurally part of the state, the courts are expected to
maintain a high degree of independence and to be ensured of a
democratic policy. The play is highly relevant as it discusses the present
atrocities occurring on women throughout India including Delhi Nirbhaya
gang rape case and demands for verdict and bits the elite society to
ponder on the issue seriously.
Key words: Judicial system, Unequal treatment, Legal plea, elite-court
relations, Play within the play

The stimulus for Silence! The Court is in Session

came from a real incident for the writer. Tendulkar
met an amateur group which was on its way to stage
a mock-trial in Vile Parle, a suburb of Bombay. While
overhearing their conversation, the outline of a play
began taking shape in the writers mind and resulted
in the creation of Silence! The Court is in Session.
The play was written for Rangayana at the instance
of Arvind and Sulabh Deshpande and was first
performed in March 1971 in Madras. When the play
was first performed in 1967 for a drama competition

102

by the small group, it was rejected by the judges who

said it was not play. But later it received The
Kamaladevi Chatterpadhyaya award and was
translated in fourteen Indian languages. The play was
staged all over India in different versions. In a sense
Marathi drama found a place on the national map
and Tendulkar was recognized at the national level.
When asked in an interview: This play is a caustic
satire on the social as well as justice.The mental
agony suffered by the girl throughout the play is in
no way less than the legal punishment. Is that all you

VIJAY TENDULKARS SILENCE! THE COURT IS IN SESSION...| Medikonda

Sambaiah et al

Research Journal of English Language and Literature (RJELAL)

A Peer Reviewed International Journal - http://www.rjelal.com
wished to convey or something more? Tendulkar
said:
This is exactly what I had in mind.
If I say anything else now, that will
be an after-thought. An undaunted
girl of Benares make-up could have,
besides defending herself, made a
counter-attack , tearing to pieces
the dos and donts of the selfish
society. Had I shown her aggressive
that would have been attitude, not
hers? Otherwise also the playwright
should only suggest leaving the rest
1
to the viewers.
The opening scene of the play turns into a marvellous
piece of satire by pitting the self-consciously
independent, vehemently assertive, and immensely
cheerful Benare against the utterly selfish, hypocritical
and malicious amateur artists and paves the way as to
how they are going to judge and reverse the natural
justice. The scene depicts how an average middle
class woman strives and struggles for preserving her
womanhood and motherhood and her thirst to be
accepted by the society. As the curtain rises, Samant, a
local chap and Leela Benare, the heroine are found
conversing. She springs a surprise on the rustic
Samant with a sudden confidential proposal: Lets
leave everyone behind, I thought, and go somewhere
far, far, away with you! [Silence! The Court is in
2
Session]. When she makes this observation, she has
Professor Damle in her mind. Benare, after telling
Samant that the school management is holding an
enquiry against her just because of one bit of
slander. [58] The depiction of unsecured condition of
Benare explores the problems that exist among Indian
women towards legal rights and her absence of
awareness about legislations and their enforcement
and inadequacies of legal provisions. The tragic and
bottle neck like situation reminds the audience of
Banavari Devi, Nina Sahni, Tasneem Sheikh Suhail,
Delhi model Jessica Lal and Nirbhaya claims Vijay
Tendulkar as a man of relevance to the contemporary
society, where the practices like eve teasing,
whistling at girls, bottom pinching and are common
phenomenon among Indian youngsters, apart from big
incidents like gang rapes and murders.
The purpose why the dramatist has selected
different persons from different backgrounds can
give some clues about the judicial circle and their

103

Vol.1.Issue.1.;2013

judicial culture. In fact, all these characters are the

representatives of the existing personalities in
judicial circle with their personal, familial,
educational, ethical and professional defects. Mrs.
Kashikars, Sukhatme, Balu Rokde, Gopal Ponkshe and
Karnik are the various typical personalities in judicial
circle. The very fact of Mrs. Kashikars collusion in the
attack on Benare demonstrates how women
internalize the dominance of men over themselves
as a natural phenomenon and turn against other
transgressing women as the other. Had Benare
been the economically power, she might have
protested more actively. Her present position is
evidence that among educated women, concern for
status has a positive relationship with age and
employment. It has been found that the working
educated women have higher concern for status
than the non-working women or house wives.
The commencement of the Mock-trial, which
constitutes a play-within-the-play, offers Tendulkar
ample scope to dissect and lay bare the dormant ills
of discontent in the psyche of these urban
hypocrites.
Though, they gang themselves up
against a hapless Benare for the time being, they
have nothing but spite for one another. Rokde
symbolizes lumped public which is enveloped in the
culture of dependency and carried away by the lures
of money, power and threat. Throughout the play,
he is not allowed enough time to exercise his
intelligent challenges to prospective jurors. Ponkshe
and Karnik are the other two catalysts who have
their active role in the plot against Benare. When
Benare goes into the inner room to wash her face,
Karnik takes Ponkshe aside and indicating the inner
room into which Benare has just gone, tells him if he
knows anything about her: About her, About Miss.
Benare. Rokde told me. The stylistic gimmicks used
by Ponkshe and Karnik sometimes speak a lot louder
than the words they actually speak. As witness their
technique is not to argue the case but to present the
issues. These two people represent the educated
elite in the society, who have to demand for order of
proof as yardstick before asking the jury to measure
the complaint. But these people lack the logical
order of proof for their expert testimony.
The interrogatory procedure is so convincing that the
legal professionals have been encouraging litigation
more and more by giving impetus to disputes. There
is a widespread belief both among litigating public
and legislators, the intervention of lawyers in court

VIJAY TENDULKARS SILENCE! THE COURT IS IN SESSION...| Medikonda

Sambaiah et al

Research Journal of English Language and Literature (RJELAL)

A Peer Reviewed International Journal - http://www.rjelal.com
proceedings have the built-in tendency to delay the
disposal of cases. The legal profession is no longer
service-oriented but profit-oriented. Sometimes
lawyers on both sides join hands to make both the
parties compromise even if the clients have to suffer
the loss. Majority of the lawyers harass their clients
for more and more fee, false bills, while not taking
the required interest in the case.
In all his
arguments there is no ethical creation of evidence.
He indulges simply in word games and forgets the
joint liability of Damle. All these things show that
Mr. Sukhatmes role in the play is a replica of the
legal professionalism and an evidence of how there
is a fall in efficiency and standard at the Bar and
which is on the verge of collapse."
In a perceptive analysis of justice, gender and the
justice in American society, Deborah Rhode
observed: Without a fundamental reordering of
cultural values, women cannot hope to secure true
equality, and social status. In that constructive
enterprise, law can play a modest but more effective
4
role. This is more so in Indian society with a high
level of illiteracy and strong traditions of gender
inequalities. That is what happens in Benares case.
Certainly, the play Silence! The Court is in Session is
a question against existing legal curriculum. There is
no roadmap for the image of reality in the procedure
of the prosecution. There is an absence of trial
dynamism in the play. The entire trial rotates around
gimmick but is not based on evidence. There is no
opening statement which tells to the jury the plaintiff
claims in a direct and reasonable way. It must give
the jury an overview of what the evidence will show
and what the evidence will be without
argumentative hype and individualistic exhibitionism.
Missing direct or cross examination ruthlessly rules
out the fundamental rules of natural justice i.e. no
body can be a judge in his own cause and no body
should be condemned unheard. The foundations for
the verdict let the witness be himself is not at all
observed. There is no review of the evidence offered
by both sides. The judge rules based on what the
lawyer presents. It seems that instructions to jurors
will directly affect their judgment. The doctrine of
5
locus standi, a principle that the judicial time as well
as energy ought not be wasted over hypothetical or
abstract questions, has been neglected and the truth
that the trial is the time of decision and the
moment of truth has been gained and gathered,
assessed, weighed and measured for hours together
in the dock room.

104

Vol.1.Issue.1.;2013

Vijay Tendulkar who is acclaimed as articulatory of

violence in the modern Marathi theatre brings
another dimension of the cruelty in the play. He
demands that the concept of cruelty is to be
redefined along with the socio-economic changes in
the society. The playwright proves how it could be
possible that cruelty was intentionally aimed at by
the provisions of the law itself. It seems that he joins
with radical criminologists in seeking to redefine
harm in the criminological arena of victimology.
Similarly, the playwright focuses on the maleness of
legal proceedings, specifically the trial of sexual
crimes like abortion and pre and extra marital
relationships. Simply, in trials the procedure is
designed to break down the story of the woman
complainant both by subjecting it to vigorous doubt
and by implicitly serializing it. The victim becomes an
object of the male gaze and forced to relieve her
ordeal, which itself becomes another assault. In the
play, it is very clear that the exploration of body and
sexuality is done through fierce and bold debate by
the testimonies of Balu Rokde and Karnik.
Tendulkar poses another important question to the
legal provisions of women in India. If the child is a
legitimate one, the father is honoured with the
guardianship of the child. But if the child is
illegitimate the mother is the guardian, and she
alone has to bear the stigma and humiliation of every
day social pin-pointing as well as the responsibility of
bringing up the child. The law makes no distinction
between legitimate and illegitimate child when it
imposes on the father an obligation to maintain
6
children . But if it is under the guardianship of the
mother, the man escapes everyday disgrace by
merely paying the maintenance amount, at the
most! To put it briefly, the law recognizes the
patriarchal system of family in which father
7
supreme. Doubtlessly, it is the supreme talent of
the dramatist that the violence of the play is superbly
sugar-coated with the technique of play within the
play. Without this technique Tendulkar could not
have made his characters directly attack Benare on
the charge of infanticide. The play is widely
acclaimed for this technique. Dnyaneshwar Nadkarni
pays a tribute to the play: Silence! The Court is in
Session comes as a turning point in Tendulkars
career. It has a play in rehearsal and a real-life story,
and the two intertwine to produce some unusual
8
confrontations.

VIJAY TENDULKARS SILENCE! THE COURT IS IN SESSION...| Medikonda

Sambaiah et al

Research Journal of English Language and Literature (RJELAL)

A Peer Reviewed International Journal - http://www.rjelal.com
However, Tendulkar depicts Benare as a modern
9
woman who is capable of protecting herself and
9
her body in a male dominated society . He does not
let Benare kill herself or feel shy about the whole
episode, but makes her fight till the end. Apart from
all the criticism as she faced in the play, the
character of Benare remains as a lovely spark from
the thunderbolt of Tendulkar, in the Modern Marathi
theatre. She is a new woman pleading for freedom
from social and legal norms. Even though Tendulkar
10
said that writing this play was drudgery to him,
the credit of raising him to the top of the Indian
theatre goes to this play Silence! The Court is in
Session.

REFERENCES
1. Vijay Tendulkar. Drama: The Most Difficult, But
the Most Powerful Medium. Interviews
with
Indian Writers, New World Literature Series, B-18,
p.280
2. Vijay Tendulkar. Collected Plays in Translation:
Silence! The Court is in Session, translated by Priya
Adarkar, New Delhi, Oxford University Press, 2003,
p.55.
3. Quoted in System on the Verge of Collapse, India
Abroad , New York, February 4, 1994.

105

Vol.1.Issue.1.;2013

4. Deborah Rhode. Justice, Gender and the Justice

in Crites Lawra L, and Hepperle
Winifred L (eds),
Women, The Courts and Equality. 1978, p.10.
5. Roma Mukherjee. Women, Law and Free Legal Aid
in India, Deep & Deep Publications Pvt. Ltd., New
Delhi, 1998, p.64.
6. Sect. (2), Adoptions and The Hindu Maintenance
Act, 1956.
7. Ved Kumari. Place of Women and Child in
Guardianship in Lotika
Sarkar and B.
Sivaramayya (eds), Women and Law: Contemporary
Problems Vikas PublishingHouse Pvt. Ltd. New Delhi,
1994, p.242.
8. Sudhir Sonalkar. Vijay
Tendulkar and the
Metaphor of Violence, The Illustrated Weekly of
India, November 18-24, 1993, p.20.
9. Veena Noble Dass. Women Characters in the
Plays of Tendulkar, New Directions in Indian Drama
(ed) Sudhakar Pandey and Freya Barva, Prestige
publications, New Delhi, 1994, p.11.
10. Vijay Tendulkar. Interview, The Indian Literary
Review, Vol.I, p.12.

VIJAY TENDULKARS SILENCE! THE COURT IS IN SESSION...| Medikonda

Sambaiah et al