Article 35A, being the right under the Constitution to define a permanent resident, and to consequently confer upon such citizens rights related to immovable property, is intrinsically connected to both land and law in the State of Jammu and Kashmir. Tampering with it, therefore, might itself give rise to claims of self-determination propelled by forces that will inevitably manifest under any forced ‘integration’ scenario.
It is now for the fist time in 73 years that I am made to remember by Hindu origins from across the border. But there is no comfort in it, only pain for the Republic of India, which is in danger of losing its secular foundational principles, its birth-pangs of great ideals, of pluralism and inter-faith harmony.
My father, who as a young boy marched in the freedom rallies, now at the age of 85, uses thick glasses to read newspapers only to find acute despair in them, with the news of mob lynching, crimes against women and politicians fuelling the fire of communal violence.
India's core strength lies in its inclusive secular tolerant and harmonious ethos. Each and every community in India, especially the two largest ones, Hindus and Muslims have a solemn responsibility to ensure that the idea of India is protected and preserved to be handed down as our outstanding legacy to our succeeding generations.
With his death, India has lost an outstanding parliamentarian and an exceptional leader. In times of diminishing reverence for politicians and parliamentarians, he was the cynosure of all, displaying exemplary statesmanship and commitment throughout his illustrious career. As a Lok Sabha Speaker, Chatterjee introduced landmark changes and brought great dignity and respect to the office.
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.
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.
While the Supreme Court will to decrimnalise consensual same-sex relationships is pretty clear to many, there are important issues to address, such as formulating anti-discrimination laws for private sector, making rape laws gender neutral to incorporate homosexual consensual sex acts, as well as move to recognize same-sex marriage.
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.
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.
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’.
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.
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.
With 143 names recommended by the High Court Collegium pending with the Supreme Court Collegium, it seems the latter too must be blamed for staggering vacancies in the high courts of India.
Senior advocate Indira Jaising and advocate Sunil Fernandes — appearing for the petitioner, a relative of Talib Hussain — submitted that the moment there’s torture perpetrated against the accused/prisoner, the custody becomes unlawful. Supreme Court has issued a notice to the J&K Police to file a reply to the allegations. The matter will be next heard on August 21, 2018.
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.
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.
The death penalty is another method of policing vulnerable communities and is symptomatic of what the current criminal justice system already is. All aspects of the criminal justice system are politically tinted, such as, who is to be arrested and investigated, who is likely to be unrepresented or poorly represented at trial, who the judge thinks is more likely to have committed the crime and deserves punishment, and whether the mercy petition is considered or not.
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.
Another eyewitness and a close aide of Talib Hussain has alleged that he was brutally beaten on August 5. ‘There is a huge bump in his skull. Blood is visible through the bandaged head. However, there are no records in the hospital.’ Talib’s aide further alleged that none of his relatives are allowed to visit Talib Hussain in the jail.
The notification comes days before the anniversary of Jaising’s ‘Gown Wapsi’ movement. On August 15 of last year, she shed her senior counsel gown to symbolise the discrimination inherent in the senior advocate designation process. The eligibility criterion for designation is a minimum of 10 years combined standing as an advocate or a District Judge, or as a Judicial Member of any Tribunal whose qualification for eligibility isn't less than that prescribed for a District judge.
While requesting the Court to stay the Order, KK Venugopal, Attorney General of India submitted that, ‘The insensivity of the Court towards social justice cause and judicial dilution of a stringent protective social justice legislation by resorting to judicial excess in total disregard to the legislative intent has been committed in passing of the directions.’
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.
The Brazilian Supreme Court is holding a two-day public hearing about the decriminalisation of abortion, and Senior Advocate Anand Grover was selected through an open application to speak on the subject from India. At the hearing, which took place on August 3 and is taking place today, August 6, about 50 speakers can be heard, including health, law and social science experts, as well as feminist and international human rights organizations, and religious representatives.
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.
According to their warrants of appointments signed off by the President of India on August 3, 2018, Justice K M Joseph has been put below the other two justices in the seniority order despite the fact that Justice Joseph’s name was initially recommended by the Supreme Court Collegium much before the name of Justices Banerjee and Saran. The Collegium erred knowing fully that reiteration of his name along with the names of other Chief Justices could compromise his seniority further.
The police had been restrained from arresting Hussain by the J&K High Court in a case of domestic violence filed by his estranged wife. While the court order was issued on July 30, the sister-in-law of his wife filed a complaint of rape, committed allegedly a month and a half ago, on the very next day.
The Supreme Court’s Collegium consisting of the Chief Justice of India, Dipak Misra, Justice Ranjan Gogoi, Justice Kurian Joseph and Jutsice A K Sikri, had reiterated his name for the appointment as judge of the Supreme Court on July 16, 2018 after Centre government had returned his name for reconsideration in April 2018.
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.
Kishore Kumar is my all-time favourite singer, a clear undisputed no.1, across all languages, genres and ages. A singer with no formal classical training in music, he was able to establish his popularity over far more classically accomplished and trained singers like Mohammad Rafi, Manna Dey and Mukesh, for almost two decades — from the late 1960s till his death in 1987.
The advocates for petitioners and interveners seeking decriminalisation of adultery (Section 497 of IPC) said that there is no compelling state interest or a valid rational behind the state to penalise an act of consensual sex between adults; that origin of adultery lies in treating women as property of the man, and that it is in violation of Articles 14, 15 and 21 of Indian Constitution.
Senior advocate Jaising presented that rights of the deity are restricted for to matters, limited to maintenance of properties and the taxation related issues. Jaising held that this principle has been consistently maintained in the Indian legal jurisprudence since the time of Privy Council and the Judicial Committee decisions, so must apply in Sabarimala as well, and shouldn’t infringe upon fundamental rights of women as citizens.
The MoS Law and Justice P P Chaudhary skirted the reply to the question which specially sought to know steps taken by the government to facilitate removal of Justice Shukla, therefore, making it appear that the government has not taken any initiative to remove the tainted judge.
The latest draft of the RTI Amendment Bill 2018 reflects a discriminatory approach towards a statutory body such as the Information Commission. There appears to be an uncanny intention on behalf of the Centre to acquire overarching powers to decide the salaries and tenures of the Information Commissioners. The proposed Bill has also been critiqued for being violative of various Constitutional provisions, especially that of Article 14.
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.
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.
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.
Ajit Nayak was the president and an active campaigner of the Kali Bachao Andolan, a movement to rejuvenate Kali river, that protested against the damming of the river, industries polluting the river and rampant sand-mining on the beds of the river. His murder is not a rare occurrence but a continuum in the line of attacks on human rights lawyers and Right to Information activists witnessed across the country.
Provisions that permit personal data processing without express consent are clearly overbroad in comparison to comparable frameworks such as General Data Protection Regulation (GDPR) brought forth by the European Union (EU). The non requirement of necessity and proportionality with respect to personal data processing by the State prima facie seems regressive and violative of the tests laid down by the Puttaswamy verdict.
Ambedkar’s concerns were three-fold. How does representative democracy function (successfully) in a society that is fundamentally unequal? How can implementation and adherence by the Hindu majority be ensured? How does law function in a democracy where the lawmakers themselves are socially conditioned? As much as Ambedkar struggled with establishing a legal framework to protect marginalised groups, he left a lasting legacy in the form of an imagination for equality for the millions who followed his path and continue to negotiate within the system, against the system.
Though highly inspired by the Soviet model of planning, Nehru in his presidential address at Indian Institute of Public Administration (March 26, 1954) found Communism “as rigid as a religion”. Nehru believed in “administrative realism”; he planned for a planned development of independent India right after his visit to the Soviet in the British days but invited specialists like Paul H Appleby and Albert Meyer from the United States for evaluation and formative tasks in independent India.
Whether it is arbitrariness, lack of parity in verification requirements, placing the onus of men’s celibacy on women, treating men as a class of devotees whose interests require greater protection —each and every one of these conclusions requires the ban to be struck down as blatantly unconstitutional.
As the country makes progress at the cost of pushing the most vulnerable to the margins, the schemes like NFSA, MGNREGA have become the last thread for the survival of the poor. 7 out of the 12 starvation deaths in Jharkhand documented by the Right to Food Campaign were directly related to the problems with Aadhaar linking. Starvation deaths are not an aberration but an extreme manifestation of exclusions built into the system.
Leaders with far greater mandate than what Imran Khan Niazi, the head of Pakistan Tehreek-e-Insaaf, has achieved in the latest general elections have been hostage to the Pakistani Deep State insofar their India policy goes. However, if Imran the Prime Minister proves to be half as good as Imran the captain, Pakistan is in for some good times.
The Government’s tearing hurry and avoidance of the Standing Committee shows absolute disregard for democratic processes and parliamentary procedures. It also shows that the Government is not confident of its contents and is afraid that closer examination will expose the pompous claims and rhetoric that has surrounded the Bill.
The Constitution empowers both the legislature and the judiciary to have regulating powers over the personal laws, to bring them up to speed with the times. While it is with great dexterity that such powers should be exercised, it is still a better option than wiping out their existence and imposing a Uniform Civil Code, which comes too close to violation of Article 25, for comfort.
Justice Rajendra Menon has been subject to incriminating comments from a Joint Inquiry Committee led by Justice Banumathi, as per he he has been found guilty of wrongfully and punitively transferring a former woman ADJ who had accused Justice S K Gangele of Madhya Pradesh of sexually harassing her. Does Delhi High Court deserve Justice Menon as the next Chief Justice in place of Justice Aniruddha Bose of Calcutta High Court, the Collegium’s initial, and unblemished, choice?
Parasaran cited judgments highlighting the importance of God, before propounding Hindu religion’s ‘tolerance and non-discriminatory’ nature. He then advanced arguments pertaining to the celibate character of the deity of the temple, Lord Ayyapa, claiming that it enjoys constitutional protection.
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.
Lawyers, members of the civil society, sex workers, queer rights activist, labour rights activists and child rights activists have criticised the Bill on grounds of increasing abuse of consenting adult sex workers, migrating labourers, targeting of transgender persons and the over-legislation resulting from the Bill’s scope and approach towards consensual sex work.
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’.
The former woman judge pleaded that her resignation — given four years back in the wake of “unbearable circumstances” — amounted to an act of constructive termination. She claims that she was forced to put in her papers as a consequence of her being unlawfully and in a mala fide manner transferred to a conflict area for not bowing to the immoral demands of a Madhya Pradesh High Court judge.
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.
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.
The proposed amendment in the RTI Act, 2005 takes away the independence of Information Commissions that have been conferred with the adjudicatory power to decide the appeals and complaints arise out of violation of the RTI Act and denial of the information, whatever may be the case.
The High Court of Kerala by an Interim Order struck down the permission for women to trek to Agastyakoodam peak on a plea filed by Bhagavan Kani and Ors. on the pretext that that even tribal women were not allowed to enter the abode of sage Agasthya who was a celibate.
Jaising submitted that the ban on women's entry inside the temple is based upon sex alone, and the discrimination is solely based off physiological factors. She further argued that menstruating women being categorised as a different class is unconstitutional as it lacks constitutional morality.
The SMCH can reasonably be construed to be a surveillance mechanism encompassing the entire digital space, laying the groundwork for an information system where it only flows from a Statist source, with all dissenters silenced into fear of State sanction.
Jaising emphasises on harmonious interpretation of constitutional provisions, that is, Articles 14, 15, 25 and 26 of the Constitution and stated that the right to manage the affairs in the matter of religion does not encompass the right to ban entry inside a temple.
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’.
Lawyers Collective is addressing the media on why the Bill, which has been in the making for over two years, miserably fails to address the legal and real-time challenges that arise in addressing trafficking in persons and securing the rights and dignity of trafficked victims.
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.
The petition contends that the SMCH aims at creating an advanced surveillance infrastructure via which the Government could “monitor” and “cut to size” all individuals who critique the government via social media, rather than its stated objective of being an analytical tool aiding the Ministry to gauge the effectiveness of its social media campaigns.
‘Justice is not something that is a standalone precept but an amalgam of other ideals like “socialism”; “democracy”; “liberty”; “equality”; “fraternity”, to name a few. They are not isolated silos because their undying endeavour is to establish one discipline - of overall justice, of an inclusive society.’