Social Justice

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

Democracy and Rule of Law

Attempt on Umar Khalid's life a sign of the times

Umar Khalid blamed the hate news channels that normalise everyday violence against those who question the government in his statement on camera after the incident at Constitution Club, the heart of the national capital. He said he remembered his mentor, the slain journalist Gauri Lankesh when he was attacked.

August 13,2018

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

The Leaflet Debate

Debate: Are household chores ‘work’?

Are ‘chores’ merely useful tasks that must remain unpaid and unintegrated in the economy because they are by nature different from conventional definition of work? Or, trying to point out a difference between work and chores is an exercise in creating a false binary? Read the first ‘Leaflet debate’.

August 8,2018

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

Case update

93% of JNU teachers want VC Jagadesh Kumar to go

279 teachers voted in favour of him being relieved, 8 voted in favour of the VC staying. In total, 300 out of 586 listed faculty turned up for the referendum.  Eight votes were invalid and five voters abstained from voting. Out of the 51% of the faculty participating in the referendum, only 2.67 percent of the faculty wanted VC Jagdesh Kumar to remain in his office. While a staggering 93 percent of the faculty wanted him to vacate his office.

August 8,2018

Civil Society

Civil society condemns unlawful arrests

protest programme at Parliament Street in Delhi by Campaign Against State Repression on Rights Activists saw the participation of over four thousand people from Delhi, Punjab, Haryana, Uttar Pradesh, Andhra Pradesh, Telangana, West Bengal, Jharkhand, Tamil Nadu and all other parts of the country. The programme was presided by Professor G Haragopal. Justice BG Kolse Patil, D Raja, Manorajan Mohanty, Arundhati Roy, Dharamvir Gandhi, S Vanchinathan and others addressed the gathering.

August 7,2018

LGBTQI

Memorandum to Kejriwal on Alka Lamba's transphobic remarks

Alka Lamba has been criticised on social media for stereotyping the trans community by calling them "beech wale" who clap loudly ("thaali peetna"). Despite being called out on Twitter for her transphobic remarks, she has neither pulled down her tweet, nor has apologised for it.

August 7,2018

Social Justice

Reservation for SC/STs in promotions? Jaising challenges M Nagaraj verdict

Jaising has specified in her written submissions that the M Nagaraj case erred in law to hold that Article 16(4-A) and (4-B) flow from Article 16(4). She insisted that such provisions draw source from Article 14 and 16 (1) instead of Article 16(4). She has next expressed her concern that the phrases "controlling factors" and "compelling reasons" as laid down in the M Nagaraj case have not been prescribed by the Constitutional language.

August 6,2018

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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