Analysis

Criminal Law

When the State criminalises the poor

Social movements in India need to broaden their understanding of the prison politics and how the State is actively criminalising the poor, and locking up a large number of marginalised communities in prisons. The State and dominant groups use law as an instrument to perpetuate discrimination and violence against these marginalised groups, which is a replication and extension of the colonial practice of subjugation.

August 16,2018

Law and Technology

A privacy and security nightmare

From its premature Cabinet clearance without any enforceable data protection framework in place, to its muddled approach to consent, in-built technologies of coercion leading to profiling and possible criminalisation of vulnerable groups, invasive information collection methods and mythicisation of the “infallibility” of the DNA technology — the Bill is a confused disarray of State arrogance fused with misplaced reliance on technology that’s still too nebulous for effective and wide-scale use

August 16,2018

Parliament Watch

Democratising human rights commissions

The Sub-Committee on Accreditation of the Global Alliance of National Human Rights Institutions underscored that the current selection process under the Act is not sufficiently broad and transparent since it does not mandatorily require the advertisement of vacancies and establishment of clear and uniform criteria upon which all parties assess the merit of applicants. The SCA also noted that the NHRC was not free from political interference.

August 13,2018

Women's rights

The question of female consent

With both the adultery and the marital rape issues being now considered by the Court, it is important to acknowledge that the fear of frivolous litigation should not stop protection from being offered to those caught in abusive traps, where they are degraded to the status of a chattel. The questions involve impairment of the rights conferred under Article 21 of the Constitution.

August 10,2018

Social Justice

A positive beginning

The Delhi High Court Bench, comprising the outgoing Acting Chief of the High Court, Gita Mittal and Justice C Hari Shankar, rightly declared the main provisions of the Bombay Act as ‘manifestly arbitrary’ and against the mandate of Article 21 of the Constitution which guarantees citizens right to live with dignity and with the necessities of life required for it.

August 10,2018

Social Justice

Amendment Bill must undo SC’s injustice

The Bill intends to lay out that preliminary enquiry shall not be required for registration of a FIR against any person; or the Investigating Officer shall not require approval for the arrest of any accused person. For a Dalit, securing proper non-delayed investigation and successful prosecution is almost improbable which might result from intimidation of the victim and witnesses. The requirement of prior sanction would thus worsen the problem of delay in prosecution and hostility of witnesses.

August 8,2018

Analysis

NRC: Don’t ignore constitutional questions

Even as the Justices chided the officials for issuing statements to the press that were out of line, and “highly improper”, “touching upon matters which should have formed the basis of orders to be passed by the court”, the fact of the matter is the second draft of the NRC released on July 30 has opened a Pandora’s Box of uncertainties and communalisation of the bureaucratic exercise, leading to much anxiety among those affected, as well as every concerned citizen of the country.

August 7,2018

International Law

The apartheid state of Israel

The latest ‘Basic Law’ that was enacted by the Israeli Knesset on July 19, 2018 has adverse effect on Palestinians within Israel and in the occupied territories of Palestine, contravenes even the assertions made in the Declaration of Independence by the Provisional Government of Israel on May 14, 1948. The existence of at least 65 other laws that seek to discriminate Arab Palestinians vis-à-vis their Jewish counterparts provide proof of the existence of an Apartheid system in Israel, which is well captured in the ESCWA Report of 2017.

August 6,2018

Politics

Kathua: Supplementary charge-sheet rebuts Zee News

Supplementary charge-sheet has established through the evidence of money trail and call data analysis of the accused persons as to how the accused cops allowed a cover-up of the gruesome incident. It also reveals the location of Jangotra, son of Sanji Ram, alleged to be the mastermind behind the abduction and killing in January this year.

August 3,2018

Democracy and Rule of Law

Chasing shadows of citizenship

The Supreme Court has held that the purpose of the exercise of the creation of the NRC in the State of Assam was not the determination of which person is an ‘original inhabitant’, but the sole test for inclusion in the NRC is that of citizenship under the Constitution of India and the Citizenship Act 1955. However, the constitutionality of Section 6A of the Citizenship Act 1955 was challenged in 2012 by way of a writ petition under Article 32 in the Supreme Court. The matter is currently pending before a Constitution Bench of five judges.

August 1,2018

Labour Law

Women’s work, unpaid and invisible

Women’s struggle through history has been to have access to what has been systematically denied to them for centuries. This purpose is defeated if we argue merely that women should work because it benefits the economy. The struggle is about equality, liberty and justice; about claiming what is rightfully theirs.

August 1,2018

Analysis

All about NRC, a dangerous list

Four million people are “foreigners” in Assam, despite having lived there for decades. As the National Register of Citizens is released, here’s a look back at its tumultuous official history, stemming from the updation of the NRC being conducted as per the Supreme Court directive issued in 2005. This directive was in furtherance of the tripartite agreement entered into by the Central government, State government and the All Assam Students Union (AASU) to enforce the 1985 Assam Accords.

July 30,2018

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