Social Justice

Public Statement

Indira Jaising: I do not intend to continue to appear on behalf of Talib Hussain anymore

It  is the obligation of lawyers to uphold public interest.  My  social commitment to the #MeToo movement overrides my professional engagement, and therefore  I have taken a conscious decision to stop representing Talib Hussain in any court. 

October 20,2018

Analysis

#MeToo will fortify the use of 2013 Act

It is evident that neither Vishaka guidelines nor The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (‘SHW Act’) were followed by the organisations, as most of the complaints were either not investigated properly, or women could not complain.

October 20,2018

Women's rights

#MeToo and the legal way forward

We are in a situation where the allegations of sexual harassment are so pervasive — ranging from the judiciary, the legal profession, the newsrooms, the entertainment industry, academia, and politicians — that it would be counterproductive to deal with each case individually. What is required is a commission of inquiry to inquire into the failures of the existing legal systems and the Sexual Harassment Act to prevent the happening of these incidents.

October 11,2018

Democracy and Rule of Law

#BhimaKoregaonVerdict: Under a shadow

The stark difference between the majority judgment authored by Justice AM Khanwilkar and signed on by the then CJI Dipak Misra and the one written by Justice D Y Chandrachud outline how starkly divergent Supreme Court’s understanding of a complex political and legal issue that is the Bhima Koregaon arrests and the subsequent case hearing can be. While Justice Chandrachud’s judgment is a fine example of constitutional morality, the same simply be not said of the other.

Democracy and Rule of Law

Need for a law on ‘lynching’

Mob lynching in India in many cases has received the sanction of the State, just like how the U.S. Senate kept silent while thousands of African Americans were lynched over many decades. To recognise the deep-seated abhorrence in the society, and calling it what it is, that is “lynching”, sends a very powerful message that criminal acts of hatred are not tolerated in an equitable society.

October 1,2018

Social Justice

Removing biases against promotions for SC/STs in public employment

Given that the marker of identity of Scheduled Castes is the historic disadvantage of the untouchable, the question of proving backwardness by quantifiable data does not arise. This was the basic flaw of the Nagaraj judgment; its failure to recognise these markers of identity. This now stands corrected.

September 28,2018

Democracy and Rule of Law

NSA has no place in a democracy

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.

September 20,2018

Social Justice

Ambedkar's feminism

Ambedkar predates one of the most powerful feminist slogans of the twentieth century “the personal is the political”, yet his relationship with wife Ramabai, as well as his views on marriage and birth control, represent precisely this. His feminism is alert to the caste and gendered discrimination that governs our lives and our decisions — who we socialise with, who we hire, where we live, and who we marry.

September 18,2018

Labour Rights

[Photo|Essay] Peasants, Proletariat and the sea of red

The rare sight that Delhi witnessed on September 5, with workers, peasants and the farmers marching decisively demanding a fair share in the growing economy of the country, is a cry for help. They are demanding implementation of MSP in accordance with the Swaminathan Committee report, irrigation facility as well as loan waivers. Workers are demanding better conditions and salaries. But it’s also a war cry. The present ruling government has been sent an ultimatum before the 2019 general elections. Will things change?

September 17,2018

Democracy and Rule of Law

Remembering the ‘anti-nationals’ of Koodankulam

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.

September 17,2018

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

Miscellany

Mother like no other

If fighting for the rights of Adivasis, fighting for workers and peasants, fighting against repression and exploitation and giving up one’s whole life for them is being a Naxalite, then I guess Naxalites are pretty good!

September 7,2018

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