Excluded names do not belong to a single community or religion, these are a combination of communities — both Muslims and Hindus of Bengali descent, besides Hindi and Nepalese-speaking persons, as well as tribals — with high percentages comprising women, children and daily wage workers having little or no formal education. The glaring lapses in the exercise being undertaken in Assam and the lack of rationality in the exclusion of individuals, stand as a warning bell for any similar process to be implemented in any other part of the country.
The overarching challenge to Section 6A of the Citizenship Act, 1955 itself is currently pending adjudication before a five-judge Constitution Bench, raising a total 13 questions and striking at the root of the Assam Accord 1985. The policy prerogative of the Union Government to either grant or withdraw citizenship to any class of persons will inevitably come under the scanner. The stand of the Union must shift from divisive electoral rhetoric and be subjected to the constitutional test.
Relations between PM Wickremesinghe and President Sirisena have not been good. Their parties have been traditional rivals and they came together in 2015 for the sake of power. Sirisena was critical of investigations into human rights violations during Sri Lanka’s long civil war, which ended in 2009.
'Amnesty India’s bank accounts have been frozen by the Enforcement Directorate, effectively stopping our work. Amnesty India is thus the latest target of the government’s assault on civil society in the country. The accounts of Greenpeace India were frozen earlier this month.'
Stressing the provision available to the arrestees under the Code of Criminal Procedure (CrPc), Justice Mridula Bhatkar says that the provision as contemplated by Section 167 of the Code is a “laudable provision” vindicating the right of the accused to be released after the stipulated period and an incomplete investigation beyond 90 days cannot be a ground to deny the accused bail.
IAPL condemns the threat issued by Shivaji Pawar, ACP, Maharashtra Police to arrest IAPL’s President Justice Hosbet Suresh (Retd.) and the most alarming portrayal by him of IAPL as a frontal organisation of CPI (Maoist). IAPL believes that such attacks on Judges and Human Right defenders which includes lawyers and organisations, require to be understood in the in the light of rising authoritarianism and fascist attacks in the country.
The apex court refused to stop the deportation from taking place, citing that as per the Government’s statement the men had consented to being repatriated, and that Myanmar had accepted them as “citizens/nationals”. The key considerations based on which the Supreme Court refused intervention in the deportation of the Rohingya men were gravely misplaced, and raises grave concerns about its willingness to preserve basic human rights.
A three-judge bench consisting of Chief Justice of India (CJI) Ranjan Gogoi and Justices Sanjay Kishan Kaul and K M Joseph on October 4, 2018 dismissed an application filed through Advocate Prashant Bhushan praying for the restraint order against deportation of any Rohingya refugee lodged in jails or detention centres in Assam or any other part of the country.
Sridhar Rangayan’s Breaking Free (2015) is a 90-minute documentary on the LGBTQI movement in India until the great heartbreak of the 2013 Supreme Court judgment. Much like the four-part SC judgments, it explores the link between sexuality and love, questions of identity that the LGBTQI peoples have faced, the systemic abuses from family members, society as well as law enforcement agencies, while celebrating the collective will of the people who kept the faith.
That Azad was kept in prison for 15 months, despite a court order saying his arrest by ‘politically motivated’, is quite the proof that preventive detentions are unconstitutional laws that equip the executive with judicial powers. Under these preventive laws, the State is the victim, the arbitrator and the judge. And NSA is being used widely, especially in Uttar Pradesh under Yogi government, to target Muslims and Dalits protesting the oppressive Hindutva regime.
The notable rise in the recent cases of sedition in India, urge the question of the origins and relevance of the law in contemporary times. Is the a law a mere colonial residue which treats citizens as subjects, or is it essential in troubled times to keep the fabric of the nation from falling apart?
The Koodankulam anti-nuclear movement intensified following the catastrophic Fukushima Daiichi nuclear accident in Japan in 2011. The accident, coupled with Tamil Nadu’s memory of the devastating Tsunami of 2004, and state apathy to the people’s concerns, all played a role in invigorating the agitation, which was met with unprecedented repression by the State.