The criminal justice system in India vis-a-vis the minority rights, especially of the Muslims, Christian and the ethnic communities in the Northeast, is in virtual collapse. Members of these communities are being implicated in false cases, tortured and ill-treated. So what can be done? Here's a check-list.
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.
The erosion of the rule of law, fundamental freedoms and divisive politics are more immediate threats as it has taken away the real meaning of our living constitution. In the life of the Indian Republic, the State Executive has, unfortunately, never seen itself as the protector of fundamental rights and freedoms enshrined in the Constitution.
The answer to the haunting question of whether those in constitutional positions should accept plum post retirement postings is one that has a long-standing effect on the here and now of the decisions of those who occupy those positions. To incentivize the work of those in constitutional positions by a promise of brighter career prospects post retirement is dangerous as it could impact the impartiality of their decisions and compromise the functioning of India’s democracy.
CJI Ranjan Gogoi has recuses himself from hearing a PIL challenging the appointment of M Nageswara Rao as interim director of CBI. The PIL will now be listed before a bench presided over by Justice A K Sikri.
The Committee for Designation of Senior Advocates of the Supreme Court has been constituted pursuant to the judgement dated October 12, 2017 of the Supreme Court in Indira Jaising v. Secretary General Supreme Court. This judgement introduced the objective system for assessing the Advocates based on 100 Point Index with an emphasis on domain expertise and pro bono work.
The Collegium has recommended names of Chief Justice of Karnataka, Justice Dinesh Maheshwari and Chief Justice of Delhi, Justice Sanjiv Khanna for elevation to the Supreme Court who are junior to Justices Rajendra Menon and Pradeep Nandrajog. There are no parameters available in public domain indicating as to how this elevation of judges to the Apex Court is assessed by the Collegium. The entire process is whimsical, random and highly arbitrary.
A country which has the fourth largest reserves in the world, mining industry which contributes 2.5% to the GDP, it is disheartening to see that this incident not just brings out the disregard for Human Rights and Labour Rights but is also a proof of the severe apathy on part of both the Central Government and the State Government
The task before the selection committee was to examine the suitability of Alok Verma to continue as the CBI Director. And, one critical ingredient that just had to form part of its decision was the say of the CBI Director himself. It was impermissible in law for the selection committee to dispense with the say of the CBI Director, in the familiar facts of this case.
Anyone who had the slightest of doubts regarding the findings of Justice Chandrachud about the form of untouchability at Sabarimala, the notions of purity and pollution, must be clear of all such doubts after the ‘purification ceremony’ by the Thantri, that reiterates the deep gender bias, the form of untouchability at Sabarimala.
There is little doubt that the quota gamble will backfire as the OBCs and Dalits are turning against Modi and BJP. It is an irony that while the government is offering reservation to upper castes, it has not taken a decision on quotas in promotion. Modi is desperate to win over the upper caste people by offering quota, but has he cleared the backlog for reservation? What about the vacancies at the Centre?
Because the powers that be usually turn a blind eye to illegal mining, for the safety enforcement authorities such mines do not exist. There is no question of enforcing any safety standards in them. For instance, on the official website of the Director General of Mining Safety there is not a single reference to rat-hole mining or the Meghalaya tragedy. Such indifference is a greater tragedy that could pave the way for many more Meghalaya-like tragedies.