Analysis

Law and Armed Forces

Pulwama attack is a massive security failure

It is beyond contest that the leadership, the troops on ground, policy-makers, police and everyone else joined together to create this tragedy of errors and they were guilty of criminal negligence leading to loss of precious lives of trained soldiers. Worst part is that CRPF in particular and policy makers and others responsible for controlling the situation refuse to learn from past mistakes and such tragic loss of life keeps recurring with alarming regularity.

February 17,2019

Prison Reform

Madras High Court holds 50% deduction of prisoners’ wages in Tamil Nadu as unconstitutional

The petitioner, Mr K R Raju, in his PIL prayed that: “Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, to declare the Rule No.481 of the Tamil Nadu Prison Rules, 1983 to the extent of 50% of the wages earned by the prisoners deducted for up keeping of the prisoners and 20% of the wages credited to prison fund to be paid to the victims, as illegal and against law and justice, consequently to direct the respondents to increase the prisoners wage in the State of Tamil Nadu credited to the prisoners cash property account from 30% to at least 75% within the time stipulated by this Court.”

February 14,2019

Law and Religion

Sabarimala forces us to recognise unacknowledged violence against women

We see a form of untouchability being practised against the woman in excluding her from the household itself. Senior Advocate Indira Jaising has accurately pointed out to how this extends beyond just “exclusion” and to a complete social boycott. The purification rituals that were conducted inside the temple after the first two women entered is reflective of the deeply entrenched notion of untouchability.

February 7,2019

Democracy and Rule of Law

Kolkata face-off shows how Government of India has demonetised the CRPF

The procedure mandates that the local administrative authorities requisition Central Police Forces through the prescribed channels. What was the emergency that prompted the Centre to abandon the prescribed procedure? Argument that CRPF was not deployed in aid to Civil Authority but to protect an office complex does not hold good. The deployment of CRPF in Kolkata was patently unconstitutional.

February 6,2019

Lead Opinion

Contempt, the flavour of the season

When the truth is stated, it does not “scandalise” the court. If it is true that the Selection Committee HPC held on January 10, 2019 did not select M Nageswara Rao as the interim director, then   the question of “scandalising” the court may not arise. Moreover, the contempt application suggests that Prashant Bhushan has “scandalised” a sitting judge of the Supreme Court of India. It is true that Justice Sikri was a member of the Selection Committee, but while sitting on the Committee he was not performing a judicial function but an executive function of making a selection to a post.

February 6,2019

Right to Information

Computers intercepted, transparency interrupted: MHA's CPIO refuses information

Under The Right to Information Act, 2005 (RTI Act), the MHA has refused to disclose the reasons and materials such as file notings which formed the basis for issuing this order. Even more shocking is the MHA's refusal to treat as a valid query. the request for reasons for not complying with the duty of proactive disclosure of all relevant facts and reasons that underpin the order.

February 3,2019

Political Economy

Unemployment crisis is reaching the stage of social explosion

The leaked NSSO report has shown that the unemployment rate is now at its highest level since 1972-73, and that in 2017-18, the joblessness rate among youth was at a significantly higher level compared to the previous years, and much higher compared to that in the overall population. It has exploded the myth of high job generation being claimed by the Centre and the leading members of the BJP in the recent days to mislead the people on the eve of the coming Lok Sabha elections.

January 31,2019

History and law

Partition and minority rights

If we move beyond the first glance and conduct a closer examination of Constituent Assembly debates, it’s amply clear that the Partition indeed was the running sub-text of the drafting process. In fact, the Constituent Assembly took notice of the unfortunate manner in which the Partition was unfolded, and certain members also referred to the uncountable deaths caused by the partition, a holocaust of massive proportions. The rights of the minorities guaranteed by the Constitution are quintessential examples of the fundamental rights which were deeply influenced by the Partition.

Know Your Rights

Understanding Criminal Law: Role of oral evidence/conduct

For a fair investigation, the officer in charge of the investigating team gets the direction for collecting further evidence, after noting the conduct of the victim and of the accused as well. Hence, the conduct of the parties is the most important factor of fair investigation, which needs to be considered by every investigating officer.

January 30,2019

Analysis

Sedition and State Sanction

Delhi Police, firstly, filed the charge-sheet with such serious allegations after almost three years from the date of incident, and secondly, since one of the charges alleged against Kanhaiya Kumar and others is of sedition which falls under Chapter VI of the IPC, the police is bound in law to obtain sanction from the appropriate Government, in this case from the Government of Delhi, which they have not.

January 29,2019

Republic Day 2019

Declaration as Republic of India in 1950 versus gaining of Independence in 1947

On August 15, 1947 when Great Britain eschewed its sovereign power, India become a wholly independent nation in the eye of International Law. On January 26, 1950, on declaration as Republic, India become a truly democratic nation by liberating itself from Princes in respect of their territory.

January 26,2019

Republic Day 2019

Thoughts on Republic Day: Unending battle for the ‘ex-Criminal Tribes’

The thumping majority with which the 124th Amendment was passed is a sign of the times. The issue of reservation has always remained a sore one with battle lines drawn out for years. However, the elephant in the room so to speak is that those who have suffered for centuries, by being in the margins, have no other way to become part of the mainstream. Reservation ought to emancipate, it ought to build bridges but even today — it is simply widening the gap. Join me as I take a deep and long look at the recently passed 124th Amendment to the Constitution of India and its impact on the Criminal Tribes.

January 26,2019

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