History and law

History and law

BHIMA KOREGAON PART IV

A year on, the arrestees continue to languish in jail, denied basic necessities

June 26,2019

Social Justice

You think I will not call myself ‘Dalit’ because the State doesn’t want me to?

The term Dalit cannot die with one circular. It is an evolution of identity out of years of sufferance. No matter how hard the government tries to snap the associations of all suppressed classes, it will only emerge out louder, stronger and clearer.

February 19,2019

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.

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

Republic Day 2019

Open letter to P Chidambaram: Include promise to repeal sedition law, Section 124-A, IPC in 2019 manifesto

We would like to reiterate the request that the Congress Party consider the inclusion of repeal of Section 124A in its 2019 election manifesto. I hope that State Governments in Rajasthan, Madhya Pradesh, Chhattisgarh, Punjab, Puducherry and Karnataka will also be urged to take immediate steps for its repeal through State Amendments in order to send a salutary signal to the present Union Government and the BJP ruled states that harassing citizens for exercising their democratic right to question the government and its agencies goes against the idea of India.

January 26,2019

Social Justice

10% quota Bill for 'economic backwardness’ defeats constitutional mandate of reservation

Caste-based discrimination and resultant socioeconomic disadvantage is therefore more fundamental a problem than simple economic disadvantage, and it’s the former that reservation has been constitutionally mandated to address. Economic disadvantage is usually a consequence of a vulnerability, and thus it is that vulnerability which needs to be tackled for effective poverty alleviation, which is exactly what the drafters of the Indian Constitution had understood to be the purpose of reservation.

January 10,2019

History and law

One year of BhimaKoregaon case: Part III

All the activists arrested in the Bhima Koregaon case are left-leaning lawyers, academics and organic intellectuals who are extremely popular among the Dalit-Bahujan communities in Maharashtra and also in other states, because of the stellar work they have been doing over the years. The two sets of arrests — on June 6, 2018 and on August 28, 2018 — were based on one FIR filed on January 8, 2018. Shoma Sen, Surendra Gadling, Sudhir Dhawale, Mahesh Raut, Rona Wilson as well as Sudha Bharadwaj, Arun Ferreira, Vernon Gonsalves, Vara Vara Rao, were arrested, while attempts to arrest Anand Teltumbde didn't succeed, and Gautam Navlakha was granted relief by Delhi High Court. While a 5000-page chargesheet has been filed, the glaring inconsistencies in the document will go down as a huge a blot on Indian democracy.

January 9,2019

History and law

One year of Bhima-Koregaon case: Part II

Early on the morning on January 1, 2018, innocent Dalits who had gathered at Bhima Koregaon, a small village about 30 kilometres from Pune, to offer their salutation to the victory pillar, were attacked by people holding saffron flags. The saffron-flagbearers  attacked one and all, pelted stones, torched shops and vehicles. Many innocent Dalits got injured and one person succumbed to the injuries suffered due to stone-pelting. The news spread like wildfire and so did its videos and messages. Agitated Dalit and Bahujan activists took to streets, holding up traffic all across the State.

January 6,2019

History and law

One year of BhimaKoregaon case: Part I

As the legend goes, on the eve of January 1, 1818, about 800 furious soldiers of the British army defeated the 28,000-strong Peshwa army. This victory over the Brahmninical “Peshwayi” is celebrated by the Bahujans in Maharashtra every year by visiting the obelisk that was built as a memorial for the battle and its martyrs.

January 2,2019

History and law

Who was Justice Holmes?

Justice Oliver Wendell Holmes (March 8, 1841 – March 6, 1935), one touted as the more famous and better known than any other judge in the English speaking world, was a brilliant liberal judge in the United States of America during the late 19th to early 20th There are numerous books written on him and there are books containing his writings and opinions, which are oft-quoted in important judgements, including Kesavananda Bharti vs State of Kerala.

October 23,2018

Law and Religion

Babri conundrum: Ismail Faruqui verdict

On July 20, 2018, after nine hearings of vociferous and heated arguments stretching from March 14, 2018, the Supreme Court of India, the repository of the best amongst the intelligentsia, reserved its verdict on the issue as to whether the 1994 verdict of theirs in Dr. M. Ismail Faruqui Vs. Union of India [(1994) 6 SCC 360] needs a reconsideration or not. It is yet to be seen whether the Supreme Court, represented by the select intelligentsia of the country are convinced enough to walk the path of secularism in a way that ensures equal treatment to all.

September 27,2018

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