Category Archives: Law

Bad ideas, Centre watch, Frontiers, Law, Movements, Politics, Violence/Conflict

A Renegade’s People: Rupam Sindhu Kalita

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This is a guest post by Rupam Sindhu Kalita

What unites anti-homophobia campaigners, defenders of the poor’s right to clean water, university student collectives, women rights’ groups and academics under a premature summer sun in New Delhi on the 30th of March earlier this year? It is the unacceptable means employed by the Indian state in response to armed rebellions in North east India and the threat to civilian life that it has precipitated. The contagion of a military approach to a largely political problem was promulgated as an ordinance in 1958 under the presidency of Dr Rajendra Prasad to help quell the Naga movement and was developed into the Armed Forces Special Powers Act (Assam and Nagaland) later in the same year. The Armed Forces Special Powers Act (from here on AFSPA) persists in violating human rights in Kashmir and North east India despite its incompatibility with national and international human rights declarations. Over the years this Act has been sanctified in the inner sanctum of India’s centralised quasi-military administration. The government has been extremely guarded in its approach to growing popular demands for annulling this Act. The civil leadership’s reluctance to temper with the ritualized provisions of this Act has raised the disquieting question of who runs the country.

On 30th March central Delhi woke up to a motley group of protestors unified by a concern for violation of human rights under AFSPA. [Photo credit: V Arun Kumar].
On 30th March central Delhi woke up to a motley group of protestors unified by a concern for violation of human rights under AFSPA. [Photo credit: V Arun Kumar].

Continue reading A Renegade’s People: Rupam Sindhu Kalita →

Law, Movements, Politics, Right watch

Honouring Mukul Sinha: The Struggle of Memory Against Forgetting: Saumya Uma and Arvind Narrain

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This is a guest post by Saumya Uma and Arvind Narrain

Among the miniscule tribe of human rights lawyers, even one loss is irreplaceable. We felt that way when we lost K. Balagopal in 2009, K.G. Kannabiran in 2010 and most recently when, Mukul Sinha passed away on 12 May 2013. Each of these figures were giants in the world of human rights activism who struggled for an idea of India which all too often remained an ideal and a vision, sometimes far from reality. Regardless of how distant the vision of a real and functioning democracy, founded on the ideals of social and economic justice was, these three figures never lost heart, always communicating a spirit of hope about the future based on concrete and grounded work in the present. Continue reading Honouring Mukul Sinha: The Struggle of Memory Against Forgetting: Saumya Uma and Arvind Narrain →

Bad ideas, Centre watch, Everyday Life, Government, Images, Language, Law, Violence/Conflict

The UAPA in Madhya Pradesh – The JTSA Report in Perspective, and Beyond: Sharib Ali

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Guest Post by SHARIB ALI

REPEAL UAPA: JTSA REPORT IN PERSPECTIVE, AND BEYOND

The state fabricates terror. There is enough evidence to take it to court on that count. Yet, how does one construe ‘fabrication’- what is implied by it? First, that the state has orchestrated elaborate attacks- violence to terrorize its people for certain legal, electoral and political ends. Second, that it has, through the use of laws like Unlawful Activities Prevention Act (UAPA)  against specific segments of its population has consciously manufactured a state of terror- a collectively imagined perception of threat that the nation faces from a particular people. The ends, always remain the same.

Though there is evidence of the agencies of the state, or actors within them, expressly participating in orchestrating large scale terror attacks (think col. Purohit), it is the latter- where terror within specific communities is manufactured in the eyes of the law and the people- that I deal with here, today. ‘Guilt by Association’ – The JTSA (Jamia Teachers Solidarity Association) report on UAPA cases in Madhya Pradesh, is a crucial case in point.

Continue reading The UAPA in Madhya Pradesh – The JTSA Report in Perspective, and Beyond: Sharib Ali →

Bad ideas, Feminism, Genders, Law, Right watch, Violence/Conflict

A Matter of Honour ? A Response to B. G Verghese’s views on the Kunan Poshpora Mass Rape: Shrimoyee Nandini Ghosh

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Guest post by Shrimoyee Nandini Ghosh

 I have thought hard about why I want to write this piece at all, since so many others before me, have made robust critiques of Mr B.G Verghese’s well-known views on the Kunan Poshpora mass rape. Past criticism has focussed on questions of his obvious biases– both personal and professional, his misogyny and profound lack of empathy for the victims, his blinding nationalism, the tenor and language of his reportage. Most however accept his version of the facts, given his (often self proclaimed) claims to veracity bolstered by official hospitality, access to documents, and his reputation as an eminent journalist. ‘There was a delay in making an official complaint’ ‘medical evidence shows that the mass rapes did not take place’, ‘villager’s and early official accounts of that night are full of gaps and contradictions’, these have become the pervasive truths about the events of February 23-24, 1991, to the point where his decriers can often only counter him by explaining away the inconvenient and the inexplicable, within the narrative and factual scaffolding that he provides. Mr Verghese points to this when he writes, ‘Sadly, it [the Press Council of India Report] was and is widely criticised to this day, without critics having read it or controverted its substantive findings’. Mr Verghese fails to disclose that until recently no one has had access to the ‘substantive’ material that could allow such a critique, because the state had never disclosed that any other investigative material existed simply replying to RTIs seeking information on the status of the case, with the inscrutable ‘closed as untraced’. The unwieldy length of this piece (8000 words) will, I hope, serve to finally pursuade him that not only is his work read, it is read in painstaking detail.

Continue reading A Matter of Honour ? A Response to B. G Verghese’s views on the Kunan Poshpora Mass Rape: Shrimoyee Nandini Ghosh →

Education, Everyday Life, Excavation, Government, Language, Law

Save the AP State Archives: Coalition of Concerned Citizens and Academics

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This petition is being circulated by a coalition of concerned citizens, local and international academics and scholars

The historical collections at two major archives in Hyderabad, the Andhra Pradesh Government Oriental Manuscripts Library (APGOML) and the Andhra Pradesh State Archives and Research Institute (APSARI), are under threat in the bifurcation of Telangana and residuary Andhra Pradesh. The institutions’ collections are slated for division between the two new states. These collections have long suffered from neglect, and now face the likelihood of irreparable damage from arbitrary division, handling, and transfer.

Local and international scholars and activists have organized a petition to preserve these historical documents. Our primary concern is for the integrity of the collections and we seek to avoid entanglement in the Telangana/Andhra debates. The petition is aimed, in part, at demonstrating that there is a concerned audience of international scholars and interested parties who care about and use these collections. This wider expression of concern will help support the efforts of local citizens who plan to submit the petition to the Governor before the end of the month.

Please take a moment to add your voice:

http://www.ipetitions.com/petition/protect-the-andhra-pradesh-state-archives-and Continue reading Save the AP State Archives: Coalition of Concerned Citizens and Academics →

Bad ideas, Law, Right watch, Scams, Violence/Conflict

Why the Law may still Catch Up with Amit Shah: Warisha Farasat

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Guest Post by WARISHA FARASAT 

Amit Shah seems to be on a roll this election season. First, he escaped any punishment after delivering one of the most disturbing hate speeches made during the 2014 election campaign. After the Muzaffarnagar riots, attempts were made by political parties to capitalize on the suffering of the locals, and provoke certain communities to vote for them. And when Amit Shah was censured by the Election Commission for indulging in objectionable speeches during the election campaign in Uttar Pradesh, BJP Primeminsterial candidate Narendra Modi came to the defence of his most loyal lieutenant. Clearly, Amit Shah’s statement was made with the intention of polarizing the voters in a politically surcharged environment in Uttar Pradesh and amounted to hate speech. However, the Election Commission soon did a u-turn, diluted its own stand, withdrew the ban against Shah and allowed him to go ahead with his campaign. The withdrawal of ban against Amit Shah ignoring the drastic implications of his hate speech during the campaign was alarming.

And now, the CBI has not named Shah as an accused in the Ishrat Jehan fake encounter case stating that there is no ‘prosecutable evidence’ available against him. But Shah and his supporters should not think that this so-called ‘clean chit’ absolves him of all criminal responsibility for indulging in fake encounters in Gujarat. If we believe the CBI in the Ishrat Jehan case when they claim that there is no prosecutable evidence against Shah, consequently, we also need to trust their investigations in atleast two other fake encounters, namely the Sohrabuddin Shiekh and the Tulsiram Prajapati cases where the CBI have named Shah as an accused. Shah is presently being tried in these cases and is able to campaign during these elections only because he is out on bail.

Continue reading Why the Law may still Catch Up with Amit Shah: Warisha Farasat →

Debates, Law, Politics, Right watch

Some Reflections on the neutrality of political institutions and the project of making Modi more palatable: Moiz Tundawala

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Guest Post by MOIZ TUNDAWALA

“ … . however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot. The working of a Constitution does not depend wholly upon the nature of the Constitution. The Constitution can provide only the organs of State such as the Legislature, the Executive and the Judiciary. The factors on which the working of those organs of the State depend are the people and the political parties they will set up as their instruments to carry out their wishes and their politics.”

[Dr. Bhimrao Amdedkar]

These observations of Babasaheb Ambedkar, made on the 25th of November, 1949, one day before the Constitution was finally adopted after three years worth of labour, should suffice for anyone who dismisses Modi skeptics as excessive scare mongers. As a second year law student in 2006-07, I couldn’t quite understand why our revered constitutional law teacher Prof. M.P. Singh would keep reiterating these sentiments in class, something which I thought was so axiomatic it did not need emphases. With only a few days left for the outcome of what is being called an election for the soul of India, I now realize the wisdom underlying those constant reminders, especially in a law school converted by the culture and priorities of its students into a factory churning out smart but unreflective products for the corporate sector. I think those of us who find Modi problematic, but would still vote him in for the lure of the promised economic miracle, while at the same time consoling ourselves with the talk of sufficiently robust political institutions capable of surviving any onslaught, must listen to Ambedkar carefully. The Constitution is an artefact, a human creation, constantly needing ‘good people’ at the helm to work it out. If nothing else, resistance to Modi’s rise to power is at least resistance against the enthronement of ‘bad people’, who deep down have only harboured contempt for the Constitution as a foreign document.

Continue reading Some Reflections on the neutrality of political institutions and the project of making Modi more palatable: Moiz Tundawala →

Genders, Law, Right watch

(En) Gendering a Rights Revolution: Siddharth Narrain

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Guest Post by SIDDHARTH NARRAIN

The Supreme Court, in the National Legal Services Authority (NALSA) judgment delivered today has recognized the legal and constitutional rights of transgender persons, including the rights of the hijra community as a ‘third gender’. In judgment of immense breadth and vision, Justices K.S. Radhakrishnan and A.K. Sikri have brought hope and a promise of citizenship to a community that has largely been outside the legal framework.

NALSA filed this petition in 2012. In 2013, this matter was tagged together with a petition filed in the Supreme Court by the Poojaya Mata Nasib Kaur Ji Women’s Welfare Society, an organization working for kinnars, a transgender community. Laxmi Narayan Tripathi, a well-known transgender rights activist from Mumbai also intervened in this case.

In this piece, I will point to the highlights of this judgment and why it will go down in history as one of the most rights enhancing decisions in the Court’s history. I cannot but remark on the irony of this judgment being delivered just a few months after Koushal, in which the Supreme Court recriminalized LGBT persons and upheld the constitutionality of section 377 of the IPC. The Court acknowledges this, but makes it clear that while it recognizes that section 377 is used to harass and discriminate against transgender persons, this judgment leaves Koushal undisturbed, and instead focuses specifically on the legal recognition of the transgender community.

Continue reading (En) Gendering a Rights Revolution: Siddharth Narrain →

Law, Right watch

Supreme Court recognizes transgender people as third gender

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A two judge bench (Radhakrishnan and Sikri, JJ) of the the Supreme Court has delivered a judgment in  National Legal Services Authority versus Union of India which  recognizes transgendered people as a third gender. We will follow this post with a more detailed analysis of the judgment, but for now the operative part of the ruling

129. We, therefore, declare:

(1) Hijras, Eunuchs, apart from binary gender, be treated as “third gender” for the purpose of safeguarding their rights under Part III of our Constitution and the laws made by the Parliament and the State Legislature.

(2) Transgender persons’ right to decide their self-identified gender is also upheld and the Centre and State Governments are directed to grant legal recognition of their gender identity such as male, female or as third gender.

(3) We direct the Centre and the State Governments to take steps to treat them as socially and educationallybackward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.

(4) Centre and State Governments are directed to operate separate HIV Sero-survellance Centres since Hijras/ Transgenders face several sexual health issues.

(5)Centre and State Governments should seriously address the problems being faced by Hijras/Transgenders such as fear, shame, gender dysphoria, social pressure, depression, suicidal tendencies, social stigma, etc. and any insistence for SRS for declaring one’s gender is immoral and illegal.

(6) Centre and State Governments should take proper measures to provide medical care to TGs in the hospitals and also provide them separate public toilets and other facilities.

(7) Centre and State Governments should also take steps for framing various social welfare schemes for their betterment.

(8) Centre and State Governments should take steps to create public awareness so that TGs will feel that they are also part and parcel of the social life and be not treated as untouchables.

(9)Centre and the State Governments should also take measures to regain their respect and place in the society which once they enjoyed in our cultural and social life.

 

 

Law, Media politics, Politics, Right watch, Violence/Conflict

De-recognize the BJP!

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The BJP has been clamouring for the de-recognition of AAP for its ‘anarchism’ and its lack of faith in institutions put in place by the Constitution, but faced with the sting by Cobrapost on its own responsibility for the Babri Masjid demolition, its only response is that  the Election Commission should stop its broadcast in view of the elections. In its characteristic fashion, the BJP leaders went on to accuse the sting operation of being ‘Congress sponsored’ – looks like this party has even lost the capacity to make a reasonable argument about anything. Meanwhile, all of yesterday the major channels were  dancing tango with the BJP in expressing suspicion about the ‘timing’ of the release. Not one of the channels had anything to say about the content of the sting.

Who is setting the terms of ‘debate’ here?

And why does the BJP want the EC to stop the broadcast? Because now it is clear that even as top BJP leaders and the Kalyan Singh government gave their commitment to the Supreme Court of India that nothing would happen to the mosque, the leaders were planning its demolition. That is what the sting operation shows. It shows, in the words of the actual dramatis personae, how the young recruits were trained by retired military personnel, without  being told what their mission was. The training was conducted in strict secrecy and with the full knowledge of at least some of the BJP bigwigs, the RSS and the Shiv Sena. Continue reading De-recognize the BJP! →

Government, Law, Politics, Right watch, Violence/Conflict

Revenge is the Only Motive of the Vindictive Modi government – A Statement in Support of Teesta and Others

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The following is a Statement issued by SAHMAT in Support of Teesta Setalvad and others

We are shocked and outraged by the continuing attempt of the highly vindictive Modi government and the Gujarat police to somehow implicate activists Teesta Setalvad and Javed Anand, along with three victim-survivors of the state-sponsored Gujarat carnage in 2002 on patently trumped-up charges.

This is nothing but a desperate bid to delay or derail the justice process, in particular Zakia Jafri’s appeal which is now before the Gujarat High Court. Mrs. Jafri has accused Gujarat chief minister and home minister, Narendra Modi along with 59 other top politicians, police officers and civil servants of conspiracy for mass murder and other serious criminal offences.

It is significant that the Supreme Court appointed amicus curiae in the case, Mr. Raju Ramachandran, has told the apex court there was enough prima facie evidence to prosecute Modi. Continue reading Revenge is the Only Motive of the Vindictive Modi government – A Statement in Support of Teesta and Others →

Centre watch, Government, Law, Politics

A Temporary Respite from Ordinance Raj: Apurv Mishra

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Guest post by APURV MISHRA

The Roman legalist Julius Paulus once said that, “One who contravenes the intention of a statute without disobeying its actual words, commits a fraud on it.” With the model code of conduct declared on Wednesday, the country was spared the possibility of a fresh round of ordinances that would have amounted to yet another fraud on the constitution by the UPA government. Believers in constitutionalism, for whom a constitutional impropriety is as disturbing as a blatantly unconstitutional act, can now breathe a temporary sigh of relief.

The phrase “fraud on the constitution” is not of my own making. It was used by the Supreme Court in a case that at once represents the best and worst of Indian polity. Between 1967 and 1981, the governor of Bihar promulgated an astonishing 256 ordinances which were kept alive for up to 14 years, including a fateful day on which 50 ordinances were passed at one go. The state assembly meanwhile, passed only 189 Acts in the same period. This was a brazen disregard for the basic structure of our constitution of which “separation of power” is an essential component- a simple and intuitive scheme where the legislature makes laws after careful deliberations and the executive branch of the government implements them.

It required two extraordinary individuals to put an end to this “complete nonsense”- Dr D C Wadhwa, who meticulously collected data on the systematic abuse of power by the Bihar government at grave personal cost and then-Chief Justice of India P N Bhagwati, who delivered an outstanding judgment (on the PIL filed by Dr Wadhwa ) which stated in no uncertain terms that the power to promulgate an ordinance is essentially an emergency power to be used to meet an extraordinary situation and “it cannot be allowed to be perverted to serve political ends.” Continue reading A Temporary Respite from Ordinance Raj: Apurv Mishra →

Debates, Education, Everyday Life, Frontiers, Language, Law, Violence/Conflict

Report of a Protest by Students at UP Bhavan in Delhi against Harrassment and Slapping of Sedition Charges on Kashmiri Students at SVSU, Meerut: Kashif Ahmed Faraz

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Guest Post by KASHIF AHMED FARAZ

Several students protested on the 7th of March in Delhi against the harassment and eviction of Kashmiri students in SVSU (Swami Vivekanand Subharti University), Meerut and the slapping of sedition charges against 67 Kashmiri students. The protesters included activists, students from universities, mostly from JNU and also Kashmiri Students residing in Delhi. The protest took place at Uttar Pradesh Bhawan, New Delhi.

Signs at Protest at UP Bhavan against Harrassment of Kashmiri Students in Meerut
Signs at Protest at UP Bhavan against Harrassment of Kashmiri Students in Meerut

Continue reading Report of a Protest by Students at UP Bhavan in Delhi against Harrassment and Slapping of Sedition Charges on Kashmiri Students at SVSU, Meerut: Kashif Ahmed Faraz →

Debates, Everyday Life, Law

Disability Rights And Parental Activism – Can They Co-Exist? Shubhangi Vaidya

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Guest Post by SHUBHANGI VAIDYA 

Parents are valuable allies in the Disability Rights Movement thanks to their intimate engagement with persons with disability. To view them as representatives of a ‘disabling’ society does them a grave injustice. However, the heated debates over the new Rights for Persons with Disabilities Bill introduced in the Rajya Sabha  have seen a confrontation of stances between two groups along these lines.

The first group consists of vocal self-advocates who point out a number of weaknesses and contradictions in the Bill from a Rights perspective, citing the provisions of the United Nations Convention on the Rights of Persons with Disability ratified by India in 2007.

The other group is a loose coalition of ‘cross-disability’ activists including lobbying for a speedy passage of the Bill, with crucial amendments, in what is the last session  of this Parliament and of the government of the day, which just happens to be UPA.

It is important to note that this Bill has not just dropped down from the heavens; it is the end result of years of protracted consultations, contestations, confrontation by stake-holders across the sector. I do not propose here to go into the pros and cons of its provisions; rather, I wish to highlight a rather disturbing trend that I discern in the frenetic exchanges between some self-advocates in the sector and parent activists on the social media.  Continue reading Disability Rights And Parental Activism – Can They Co-Exist? Shubhangi Vaidya →

Identities, Images, Language, Law, Politics, Violence/Conflict

A Letter to my Indian students on the linguistic effects of shots fired from the deck of an oil-tanker : Alberto Prunetti

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This is a guest post by ALBERTO PRUNETTI

[Translated into English by Francesco Giannatiempo, Eva Salzman and Tommaso Sbriccoli]

Dear Boys and Girls,

For many months I was your teacher in Mumbai and Bangalore. Most of you came from Kerala. Some among your parents were fishermen. I remember the sacrifices of your relatives who had hopes for your future, who worked hard to help you achieve degrees in nursing or Italian. I remember that Italy and Europe represented for you a potential turning point in your lives and careers. I also remember that Italian propositions cause many problems for you, as does for many students. To introduce yourself, you would say “Sono nato a Kerala” [I was born at Kerala]. But, as I explained to you, the grammar rule foresees the use of the preposition “in [in Italian] + name of State” and “a [in Italian] + name of city”. So, one would say, “Sono nato a Roma” [I was born in Rome]. Given that Kerala is a State (to be clear, India is a confederation of States, like the US) one has to say “Sono nato in Kerala, a Trivandrum” [I was born in Trivandrum, Kerala,], as one would say “Sono nato in Colorado, a Boulder”  [I was born in Boulder, Colorado].

Continue reading A Letter to my Indian students on the linguistic effects of shots fired from the deck of an oil-tanker : Alberto Prunetti →

Bad ideas, Debates, Law, Right watch

The Double Cruelty of the Rights of Persons With Disabilities bill: Rijul Kochhar

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Guest Post by Rijul Kochhar

In the lives of the disabled, the disability certificate is a commanding entity. It is the artefact of government and the state that interprets the myriad experiences of persons dealing with disabilities, translating and transforming those experiences into a public fact. Thus, the disability certificate offers a particular form and definition of disability, with its attendant mathematical percentage, supplanting the shards of experience with bureaucratic rationality and certitude. This transformation of messy lived experience into mathematical and medical certainty, at once, also affects that larger lived experience of lives lived with a disability[1].

Continue reading The Double Cruelty of the Rights of Persons With Disabilities bill: Rijul Kochhar →

Bad ideas, Government, Law, Violence/Conflict

Police Attack Youth at Thrissur: No, We Won’t Be Swept Away

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I mean evil is not radical, going to the roots …that it has no roots, and that for this very reason it is so terribly difficult to think about it, because thinking, by definition, wants to reach the roots. Evil is a surface phenomenon, and instead of being radical, it is merely extreme. We resist evil by not being swept away by the surface of things, by stopping ourselves and beginning to think, that is by reaching another dimension than the horizon of everyday life. In other words, the more superficial someone is, the more likely will he be to yield to evil …

Hannah Arendt Continue reading Police Attack Youth at Thrissur: No, We Won’t Be Swept Away →

Bad ideas, Culture, Debates, Language, Law

Demand to Reconsider and Revise Sections 153a and 295a of the Indian Penal Code to Protect Freedom of Expression in India: Concerned Academics and Public Intellectuals

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Statement by Concerned Academics and Public Intellectuals: Ananya Vajpeyi, Sheldon Pollock, Partha Chatterjee, Laurie Patton, Romila Thapar, David Shulman and many others

We the undersigned are appalled by the recent settlement reached between Dina Nath Batra for the Shiksha Bachao Andolan and Penguin Books India, to cease the publication of Wendy Doniger’s The Hindus: An Alternative History (Penguin USA 2009; Penguin India 2010), and to withdraw and destroy remaining copies of the book on Indian territory. Continue reading Demand to Reconsider and Revise Sections 153a and 295a of the Indian Penal Code to Protect Freedom of Expression in India: Concerned Academics and Public Intellectuals →

Bad ideas, Culture, Identities, Law, Politics, Right watch

Pulping Doniger Can Put Penguin in Peril

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It was with great anger and sadness that many readers in India heard yesterday of Penguin Books India’s decision to enter into an out-of-court settlement with a group of busy-bodies led by one Dina Nath Batra of the so called ‘Shiksha Bachao Andolan’ (Save Education Movement) – one of the many poisonous heads of the RSS hydra – to recall and pulp all extant copies of Wendy Doniger’s “The Hindus: An Alternative History” (Penguin India, 2009).

Dina Nath Batra (infamous for leading the campaign that led to the withdrawal of A.K. Ramanujan’s essay on the Ramayana from the Delhi University syllabus) and others, through their advocate, one Monika Arora, had filed a suit in a Saket, New Delhi against Wendy Doniger (whom they address, as ‘You, Noticee’) and Penguin Books on the grounds that Doniger’s book offends their religious sentiments. Continue reading Pulping Doniger Can Put Penguin in Peril →

Law, Right watch

Will the new Bill benefit the freshly included disabilities? : Amita Dhanda

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Guest Post by AMITA DHANDA

The Rights of Persons with Disabilities Bill 2014 has got caught in the crossfire of different disability groups. Whilst one body of opinion holds that the Bill is regressive, incoherent and needs to be heavily reworked before it can be enacted; the other perspective is that the Bill may not be perfect but at least it provides something to those who are not included in the 1995 Act.  People propounding the something is better than nothing logic, also pertinently point out, that while persons with disabilities who are included in the 1995 Act can afford to wait, that luxury is not available to them.

Thus, the strongest case for passing a less than perfect legislation comes from persons with impairments which are not covered by the 1995 Act.   Significantly, the Bill of 2014 has changed the definition but other provisions, which need to be incorporated in theBill, to ensure that the freshly inducted persons with disabilities obtain all the entitlements (including job reservations) have not been included.  It is submitted that without those provisions being included the expanded definition is going to be of little benefit to the freshly included disabilities. Continue reading Will the new Bill benefit the freshly included disabilities? : Amita Dhanda →

Culture, Debates, Genders, Identities, Law

Petition from IITs against Section 377

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This petition may be signed by alumnae, faculty and students of IITs at IITs Against 377

To
The Honourable Chief Justice of India,
The Honourable Prime Minister of India,
The Honourable Minister of Home Affairs, India,
The Honourable Minister of Law and Justice, India,
The Honourable Minister of Human Resource Development, India,
and The Directors of the Indian Institutes of Technology.

Dear Sirs,
We are a group of students, alumni, faculty and staff of the Indian Institutes of Technology, collectively expressing our shock and disappointment at the Supreme Court’s decision to reinstate Section 377 of the Indian Penal Code. Section 377 is a British-era statute that outlaws “carnal intercourse against the order of nature” and includes within its ambit intercourse among consenting adults of the same sex. We hold that this law violates the fundamental rights of privacy and autonomy accorded to all Indian citizens by its Constitution, and the rights to dignity, equality and due process of Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) citizens. While we demand that the law be immediately modified to exclude all forms of sexual intercourse among consenting adults, we wish to reiterate that this is merely one step towards the goal of equal membership in Indian society for everyone, regardless of sexuality and gender identity. Continue reading Petition from IITs against Section 377 →