Parliament Watch

Law and Technology

Data Protection Bill: Putting State over individual consent

While it creates a distinction between personal data, and sensitive personal data,the exemptions under Data Protection Bill include matters of security of state, for prevention, detection, investigation and prosecution of contraventions of law, processing for purposes of legal proceeding, research, archiving, or statistical purposes, personal or domestic purposes, journalistic purposes, or manual processing by small entities.

September 2,2018

Case update

SC rejects NOTA for Rajya Sabha polls

The Petitioner contended that the EC’s circular is contrary to the mandate of Article 80 (4) of the Constitution of India and the case of People’s Union for Civil Liberties (PUCL) and another v. Union of India. They further argue that the EC’s circular is unconstitutional as the Rules relied upon to make the voting provisions do not even remotely conceive of NOTA.

August 21,2018

Law and Technology

A privacy and security nightmare

From its premature Cabinet clearance without any enforceable data protection framework in place, to its muddled approach to consent, in-built technologies of coercion leading to profiling and possible criminalisation of vulnerable groups, invasive information collection methods and mythicisation of the “infallibility” of the DNA technology — the Bill is a confused disarray of State arrogance fused with misplaced reliance on technology that’s still too nebulous for effective and wide-scale use

August 16,2018

Parliament Watch

Democratising human rights commissions

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.

August 13,2018

Social Justice

Amendment Bill must undo SC’s injustice

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.

August 8,2018

Parliament Watch

Centre's answer to Tharoor's question on Collegium recommendations inadequate

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.

August 8,2018

Parliament Watch

Government tables Atrocities Act Amendment Bill

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.’

August 6,2018

Transparency and Accountability

RTI Amendment Bill 2018: A flawed approach

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.

August 1,2018

Parliament Watch

The new Anti-Corruption Bill

One of the salient features of the Amendment is the Bill’s clause 3, which classifies giving bribes directly or via third parties an offence under the Act.

July 25,2018

Law and Sexuality


#AntiTraffickingBill2018: UNOHCHR is right

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.

July 24,2018

Parliament Watch

Rahul wins the day

TDP’s Jayadev Galla, TMC’s Sougata Roy and finally Prime Minister Narendra Modi too held their own, but it was the Congress president who stole the show in Parliament on Friday.

July 21,2018

Parliament Watch

The Right to Education (Second Amendment) Bill

The Bill seeks to amend Sections of the RTE Act which prohibit detention of children enrolled in elementary education — classes 1 to 8. It provides for for detention of students enrolled in class five, class eight, or both classes.

July 18,2018

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