Analysis

Politics

SBI’s leap year daze over Mallya on Feb 29, 2016

Senior advocate Dushyant Dave on February 28, 2016 after assessing the situation advised the SBI team to immediately approach the Supreme Court the next day, February 29, seeking an order restraining Mallya’s overseas travel. But something happened in the next 24 hours after the crucial meeting between the SBI team and Dave. Dave waited but there was no response from the SBI team on February 29. Why?

September 14,2018

Law and Conflict

UAPA: An obituary for democracy

This piece comments on the Bhima Koregaon arrests, the multitude of problems with the UAPA as well as its empirically evident history of sinister targeting of those defending the powerless against State excesses. UAPA criminalises ideology and association. By virtue of declaring an organisation 'unlawful’ or/and ‘terrorist’ and banning them, it criminalises their ideologies de facto” and verily creates a regime of thought crimes. A disturbing pattern of targeting those working for the rights of minorities subscribing to ideologies at variance with that of the dominant state brass emerges if one were to look at those who were detained for years under the UAPA.

September 10,2018

Labour Law

The ‘gender wage gap’ | Part II: What the law has to say

This part analyses the judicial biases manifest in legalising the ‘gender’ wage gap through perverse logic that has held patriarchal inequalities as the ‘intelligible’ differentia for ‘reasonable’ classification to premise further inequality in treatment and work/service conditions. It critically analyses the jurisprudence in this regard so far and leaves us pining as we often do, for nothing short of normative, structural overhauls in society to bolster law enforcement.

September 8,2018

Section 377

Azadi for LGBTQI communities

The judgment holds that Section 377, to the extent it criminalises sexual acts between consenting adults in private is in violation of Articles 14 and 15 (equality and discrimination); Article 19 (Fundamnetal Freedoms) and Article 21 (privacy and dignity). Very importantly, the judgment notes that it is not the popular morality but constitutional morality which will would prevail. And constitutional morality includes the values enshrined in the Preamble.

September 8,2018

Analysis

[In-depth] 'Addict to Convict: Working of the NDPS Act in Punjab' – A CRITIQUE

Lawyers Collective examines Vidhi Legal Centre’s ‘Addict’ to ‘Convict’ Report on the NDPS Act and finds serious errors and omissions in its analysis of the law. ‘Addict to Convict’ contains sound recommendations but unsound reasons.

September 6,2018

Right To Informtion

Charging GST on fees under RTI Act is illegal

All public authorities under the RTI Act, whether within the public or the non-government sector are prohibited from charging GST for providing information under the RTI Act. he GST Act's exemption will directly apply to the duties that PIOs perform under the RTI Act.  This exemption will apply to First Appellate Authorities (FAAs) also who are government servants, wherever the State RTI Rules empower them to charge appeal fees. Therefore, it would be brazenly illegal to charge GST for providing access to information or deciding first appeals under the RTI Act.

September 4,2018

Analysis

The ‘gender’ wage gap: Part I | Capitalism and patriarchy

This is a two-part series on the sociological and legal analysis demystifying the ‘gender’ wage gap, so ubiquitous and normalised in all sectors of the economy, that it rarely witnesses the holistic critical engagement it merits to uncover its sociological, cultural and legal aspects beyond the litany of outrageous statistics. We need to look at how voicing of women’s professional ambition almost unequivocally always backfires as obnoxious ‘self-promotion’, even as men scale ladders of success amidst generous acknowledgement for their ‘negotiation skills’ and ‘networking’.

Human Rights

Enforced disappearances: Here, India must emulate Pakistan

International law recognises the practice of enforced disappearance as a distinct offence and States have an obligation under international law to not partake in such arbitrary deprivations of liberty and human dignity. Article 1 of the 2006 International Convention for the Protection of All Persons from Enforced Disappearance places a non–derogable prohibition against enforced disappearance. While Pakistan has taken steps, India is woefully behind in recognising enforced disappearance as a distinct offence.

Democracy and Rule of Law

#BhimaKoregaonArrests: Anatomy of a clampdown

The arrests of human rights activists and lawyers on August 28 and earlier on June 6, 2018 are all part of a wider theatre of Hindutva’s state-sponsored repression on those demanding democratic rights and freedoms for the most marginalised of Indian citizens. What began with Bhima-Koregaon had actually begun long back, with the atrocities against Dalits and Adivasis crossing the political threshold, such as those in Una and Saharanpur, as well as the ‘institutional murder’ of Rohith Vemula in January 2016.

September 3,2018

History and law

Is abolishing the Orderly System enough?

Upendra Baxi, reflecting on the continuation of a colonial policing system has noted that that when a decolonised society maintains its inherited police organisation, refusing to adapt to the aspirations of free society, it gets a colonial-repressive police organisation and colonial-repressive political regimes. This, he suggests is because of the intent of the governing elites.

September 3,2018

Democracy and Rule of Law

‘Urban Naxals’ and the invention of an enemy

Given the multi-state nature of the raids and the requisite inter-force coordination, it is fair to conclude that the clampdown flowed from the highest echelons of the ruling regime. This campaign of hatred, isolation, and trolling aims at maligning and subverting all dissenters and activists critical of the government (and the BJP) by either false-flagging them as “security threats to India” or labelling them as extended affiliates of militant movements without any solid evidence.

August 31,2018

Law and Technology

How Aadhaar can rig the electoral system

Aadhaar data-linked sensitive private information on citizens that Central and State governments, and by default, the political parties in power, have access to could easily be used to create caste and religion based voter maps. Such data would be invaluable to a Delimitation Committee mandated with the task of redrawing the boundaries of constituencies, and could well empower such a Committee with the potential to influence the delimitation process in a manner that could influence the outcome of an election in favour of a particular political party/group, thereby unethically influencing the electoral system and undermining democracy.

August 30,2018

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