Democracy and Rule of Law

Democracy and Rule of Law

MHA letter denounces mob lynching

The letter came in the wake of the recent Supreme Court judgment wherein the Court heavily condemned such “horrendous acts of mobocracy” and issued directions to the State and Central government to undertake preventive, remedial and punitive measures for the same.

July 24,2018

Democracy and Rule of Law

Right to protest strengthens democracy: SC

The bench of Justices AK Sikri and Ashok Bhushan stressed the importance of ‘direct participation in public affairs where individuals and groups are able to express dissent and grievances, expose the flaws in governance and demand accountability’, especially in the Indian context to aid ‘the assertion of the rights of the marginalised and poorly represented minorities’.

July 24,2018

Democracy and Rule of Law

Who’s afraid of the law?

Has our approach towards justice stopped taking any other factor into account except the need to immediately replicate the rallying cry of lynch mobs? Just like in the Nirbhaya incident, lynching too has emerged as another dark area representing the failure of governance that Justice Verma had alluded to. We cannot assume that making laws that strike fear will save us all from further collapse.

July 23,2018

Democracy and Rule of Law

Lynching, a crime against the Constitution

Given the widespread prevalence of lynching in the country now, it is time to introduce federal crimes, which affect the federation and are not to be described as affecting ‘law and order’ but as crimes that are ‘offences against the Constitution’ and hence for which the Union has to take responsibility. 

July 23,2018

Democracy and Rule of Law

Letter to PM Modi: End culture of impunity

The letter expressed fear that the ongoing attempts to subvert the trial and the politically motivated campaigns have created a hostile environment against the victim’s family, her community and her lawyers.

July 21,2018

Democracy and Rule of Law

Aseem Sawhney speaks to The Leaflet

His appointment as the State’s top law officer has been deemed controversial and has invited criticism from across political spectrum for ‘bearing social consequences on the already intimidated tribal population of the Kathua region’.

July 20,2018

Case update

Enact separate law for lynching: SC

The CJI bench highlighted the threat posed by ‘frenzied mobs across the country instigated by intolerance and misinformed by circulation of fake news and false stories’, while chastising aggravating phenomena such as ‘bystander apathy, numbness of the mute spectators of the scene of the crime, inertia of the law enforcing machinery to prevent such crimes … and grandstanding of the incident by the perpetrators of the crimes including in the social media’.

July 17,2018

Freedom of Speech

What about Shah Faesal’s freedom of speech?

The J&K bureaucrat’s resolve to not back down has initiated discourse regarding the Government gagging its employees via draconian laws, the importance of Fundamental Rights, and why Rules such as those in question need to be struck down as they deprive individuals of their civil liberties.

July 16,2018

Case update

Lynching: Read Jaising’s written submissions

The submissions by Jaising, drafted by Warisha and Shadan Farasat (and team) trace the history of lynching from the time when it was prevalent in the United States as a measure to impose segregation and subordination of African Americans to what’s happening now in India against mainly Muslims and Dalits.

July 11,2018

Democracy and Rule of Law

Supreme Court’s Delhi judgment explained

The aid and advice of the Council of Ministers on matters except those related to land, public order and police is binding on the Lieutenant Governor, who is a titular head — the five-judge constitution bench held.

July 6,2018

Democracy and Rule of Law

Singling out WhatsApp is misguided

State’s response reflects its incompetence to deal with issues stemming from technology and the dangers posed by digital conglomerates like Facebook (WhatsApp’s parent company) with the explosion of internet in India.

July 4,2018

Democracy and Rule of Law

Lynching as white noise

It is about the bankrolling of hate-mongering political parties by the business class, unmindful of the fact that business, to grow, must have social harmony and peace as a given.

July 4,2018

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