Category Archives: Law

Capitalism, Law, Mirror Worlds, Violence/Conflict

What set off the violence at Maruti’s Manesar plant?: Anumeha Yadav

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Guest post by ANUMEHA YADAV

Photos by Anumeha Yadav

The year-long industrial conflict at Maruti Suzuki India Limited (MSIL), India’s largest automobile manufacturer’s Manesar plant turned violent on 18 July. At 3:30 pm on Wednesday afternoon, representatives from Maruti Suzuki Workers’ Union and the Maruti management had met to discuss the reinstatement of Jiya Lal, a permanent worker who had been suspended that morning after an altercation with his floor supervisor. Lal is a Dalit and alleges that he had reacted when the supervisor made derogatory casteist remarks against him. The workers were protesting that the management had been unfair, suspending Lal from service while merely sending the supervisor home on leave for a few days. Continue reading What set off the violence at Maruti’s Manesar plant?: Anumeha Yadav →

Government, Identities, Law, Violence/Conflict

Terrorism in India – Between Facts and Fiction: Imran Khan

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Guest post by IMRAN KHAN

More and more concerns are being expressed by human rights activists in India today on the question of fabricated and false charges on innocent people. When Dr. Binayak Sen spent his time in jail on such charges, activist groups all over the country and abroad came out and protested. For the first time in the history of human rights movement in India, around two dozen Nobel Prize Winners came out to defend him. It should also be noted that there were even protests against such fabrication in front of Indian embassies in different parts of the world.

However, with the arrest of Binayak Sen, the contemporary history of `fabricating false cases’ by the Indian state took a new turn. The arrest took place while Dr. Sen was a national leader of India’s pioneering human rights organization, People’s Union for Civil liberties (PUCL).  The activists felt that the message was loud and clear: That even human rights defenders can be imprisoned for no reason under repressive laws of the post-independent India.

Dr. Sen was released due to public pressure. But thousands are still languishing behind bars, waiting for justice. The nameless adivasis who were arrested like Sen from different parts of Chhattisgarh, speak of an unknown territory even to the best of our human rights activists. And new messages are given. Even journalists can be grilled. Thus, K.K. Shahina, Azmi, Seema Azad, Advocate Naushad Kasimji and others have become victims of attacks on freedom of expression. Fabricating false cases has become a norm today rather than an exception, according to human rights groups. Minorities, dalits, adivasis,  people’s movements and self determination movements become an easy prey to false charges. Continue reading Terrorism in India – Between Facts and Fiction: Imran Khan →

Government, Identities, Law, Politics, Violence/Conflict

False Charges and Brutality in Prison: Mohd Amir Khan

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Guest post by MOHD. AMIR KHAN

[ Mohd. Aamir Khan has spent 14 years in prison and was acquitted earlier this year]

I am in deep pain today. As though terrible, terrible memories, locked away in the deep recesses of my mind have been pried open. Heard on news that an accused in terror case was killed in judicial custody in Yerwada jail. That too in his high security cell.

I had read that the British rulers unleashed physical and mental torture on prisoners in colonial jails, but have never heard that they carried out killings of hapless convicts or undertrials in their custody. The naked truth of Abu Ghraib and Guantanamo has been brought before the world. But who will illumine the dark secrets of the netherworld of our prisons? Brutalisation and torture are routine in our jails.

I speak from experience, having lived for fourteen long and seemingly unending years in prisons in three states. There was a near fatal attack on me twelve years ago while I was lodged in the model prison of India, Tihar Jail. But when I survived the attack, a case was slapped on me. While I was thankfully acquitted in the case, not one of those who attacked me was charged until my father – who was still alive then—appealed to the court to intervene. Mercifully, the Court accepted his complaint and registered a case, which still goes on in Tees Hazari court. Continue reading False Charges and Brutality in Prison: Mohd Amir Khan →

Everyday Life, Genders, Law, Sex

Consent, Age and Agency: reflections on the recent Delhi High Court judgement on minors and marriage: Flavia Agnes

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This is a guest post by FLAVIA AGNES

I am responding to the sense of despair expressed by some women’s groups and more specifically to the press conference called by Bharatiya Muslim Mahila Andolan (BMMA)  to condemn the judgment of the Delhi High Court which permitted a minor (almost 16-year old) girl to marry the man of her choice rather than restore her back to her parental authority.  In their campaign for codification of Muslim law, BMMA has asked for laying down 18 as the minimum age of  marriage for girls (and 21 for boys), the underlying presumption being that all underage marriages must be declared as void.

Before we come up with a knee jerk response to the hype created by the media and bite the bait,  we need to have greater clarity on whose side we (feminists) are batting in this confrontation between  parental authority and the active  agency expressed by a teenaged girl. Also I wish to raise a connecting question — if the Muslim law was codified and minimum age for marriage was stipulated, as has been done under the Hindu Marriage Act, would the High Court have responded differently?  Would the judges have sent the girl back to her parental custody?  And the last question – could that have been construed as a ‘progressive ruling’ by us, those claiming to be “feminists”? Continue reading Consent, Age and Agency: reflections on the recent Delhi High Court judgement on minors and marriage: Flavia Agnes →

Bad ideas, Everyday Life, Identities, Law

Disability Law Violations in Delhi University admissions – notes from the margins: Rijul Kochhar

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Guest post by RIJUL KOCHHAR

Contrary to what they may tell you, they don’t really give a damn about the disabled in this country. Systemically flouted laws, polite terms substituted for impolite realities, and stony silences meted to those who seek to question—these comprise the working of the disability model in this nation, a model that only goes so far as the abundance of obligation and ‘feel-good’ eye-wash will take it. The juggling of words—‘disabled’ for handicapped, then annihilation of ‘crippled’, and finally that awful phrase regnant in contemporary fashionable use, ‘differently/specially-abled’—constitutes our single biggest achievement as far as dealing with the disabled as rights-bearing persons is concerned. Continue reading Disability Law Violations in Delhi University admissions – notes from the margins: Rijul Kochhar →

Centre watch, Government, Law, Movements

India must deliver on its repeated commitments to the human rights council: Amnesty International

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This release was put out by AMNESTY INTERNATIONAL on 1 June

On 24 May 2012, India’s human rights record came under renewed international scrutiny during its second Universal Periodic Review (UPR) at the UN Human Rights Council. Amnesty International welcomes the recommendations made to India by the reviewing states, many of which reflect concerns raised previously by the organization.

Amnesty International is disappointed, however, that despite India’s assertion that it sees the UPR mechanism as one of “constructive engagement,” the government did not immediately accept any of the recommendations made, some of which were put forward in 2008 during India’s first UPR. Amnesty International urges India to demonstrate by September 2012, a genuine resolve to deliver on its outstanding human rights commitments and the UPR recommendations, when the report on India’s second UPR is formally adopted at the 21st session of the Human Rights Council. Continue reading India must deliver on its repeated commitments to the human rights council: Amnesty International →

Centre watch, Empire/ Imperialism, Government, Law, Media politics, Movements, Technology

“The more they censor the internet the bigger we become” – An interview of Anonymous India

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In which I interview “Anonymous India” who have organised a massive protest against internet censorship across 11 Indian cities on 9 June.

Some say such attacks (hacking and defacement of Web sites) could be used by the political class to actually strengthen their argument in favour of control and regulation of the Internet. What do you say to that?

Anamikanon: People on the ground are vulnerable to people with a lot of power and no problems misusing it. Anonymous can’t be found to defame, threaten, suppress, stall…. wrong means? Ok. Worth it.

Netcak3: I say the more they censor the Internet, the bigger we become. We strive in users from across the world. Pro tip: Once an idea has been made, you cannot kill it.

Anamikanon: In my view, these are the means that can be safely used without risking life, limb, careers, reputations, family…

Gummy: Defacing is like posting a nill which is illegal and can be removed. Like people post their advertisement bill (poster) at the back of buses and other public places.

Anamikanon: Except we post it in inside their drawing rooms! [Read the full interview.]

Centre watch, Government, Law

Produce Fasih Mahmood before an Indian Court, NOW: JTSA

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This release comes from the JAMIA TEACHERS’ SOLIDARITY ASSOCIATION

It has been over two weeks that Fasih Mahmood was practically disappeared from his residence in Jubail, Saudi Arabia, where he worked as an engineer. On 13 May, Sunday, Mahmood was taken away by a group of Indian and Arab men, all in civil dress, and their house searched, while his wife, Nikhat Perveen, was held in a room by an Arab woman. Continue reading Produce Fasih Mahmood before an Indian Court, NOW: JTSA →

Bad ideas, Centre watch, Government, Law, Media politics, Technology

Net Loss: Sajan Venniyoor

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Guest post by SAJAN VENNIYOOR

Image via dailygalaxy.com

Net: noun, verb.

1. a contrivance of strong thread or cord worked into an open, meshed fabric, for catching fish, birds, or  other animals
2. anything serving to catch or ensnare

The other day, in a Parliamentary debate on Internet Rules 2011, the leader of the Opposition in the Rajya Sabha said something so absurd that for a moment I thought he had joined the government. “You can control print and electronic media, but not internet,” he said, only removing his foot from his mouth to add, “If internet had been in existence, Emergency would have been a fiasco.”

Actually, if the Emergency had been in existence, the Internet would have been a fiasco. Continue reading Net Loss: Sajan Venniyoor →

Bad ideas, Centre watch, Excavation, Government, Law, Technology

India asks Google to remove 2 items every 3 days

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Google’s just released fourth biannual Transparency Report says that between January and June 2011, India asked it to remove 358 different items from various Google-owned web services such as Orkut and YouTube. Google complied in 51% cases. The requests were made by various central and state government departments through 68 different requests. The fourth such report, it goes against communications minister Kapil Sibal’s claims that internet companies are not willing to “self-regulate”.

Worryingly, the report also confirms the allegations that what bothers government officials the most about the internet is not defamation or hate speech but government criticism. Continue reading India asks Google to remove 2 items every 3 days →
Bad ideas, Centre watch, Excavation, Government, Law

(Updated) List of websites blocked in India

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Given below is a list of websites blocked in India by one or more Internet Service Providers. This list was hacked from Reliance servers by the hacker group ANONYMOUS, which claimed in a web press conference that while most of this list of 434 is blocked as a result of government or court orders, some have been blocked by Reliance on its own. The ones blocked by Reliance on its own relate to Satish Seth, a Reliance ADAG executive. Continue reading (Updated) List of websites blocked in India →

Centre watch, Government, Law, Politics

A democratic process in Pakistan: Abdullah Zaidi

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Guest post by ABDULLAH ZAIDI

Pakistan’s National Assembly

In a way, the story of Pakistan is the story of a centralised state manipulating the provinces. It is also the story of an overgrown and overfed military destabilising all political forces that posed a challenge to its narrative. It is also the story of institutions wrestling for their due and undue share of power. Finally, it is the story of a powerful state and a weak society. The one thing that is common to all of these dynamics is the power struggle between elected and unelected institutions.

After return to civilian rule in 2008, the country has seen several developments that have somewhat changed these dynamics. Continue reading A democratic process in Pakistan: Abdullah Zaidi →

Centre watch, Government, Identities, Law, Movements

Forging a Nepal for all its peoples

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As the constitutional endgame approaches, Nepal is witnessing its most fierce and polarised political debate since the process to transform the state began with the Comprehensive Peace Agreement in 2006. Strikingly, it is not a battle between political parties, but different social groups.

This is the battle over the nature of federalism, the boundaries of future states, and the names and number of provinces. The issue of state restructuring perhaps resonates most among ordinary citizens, especially those belonging to communities excluded from the power structure due to their ethnic, caste, regional and religious identities. It is a battle that has been fought in Constituent Assembly (CA) committees, the State Restructuring Commission, and in the past week, on the streets. Continue reading Forging a Nepal for all its peoples →

Empire/ Imperialism, Frontiers, Identities, Law, Violence/Conflict

If ‘temporary’ meant special, what would ‘special’ mean?: Gazala Peer

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Guest post by GAZALA PEER

Circa 1948, this photograph shows Jawaharlal Nehru inspect a women’s militia in Kashmir. Via andrewwhitehead.net

On 13, October 2010 a team of interlocutors was appointed by the Government of India to hold dialogue with all the sections of the society in Jammu and Kashmir. The team of interlocutors consisted of journalist Dileep Padgonkar, educationist Radha Kumar and the former Information Commissioner M. M. Ansari. After almost one and a half years the report was released on 24 May 2012 by the Ministry of Home Affairs (.pdf here). The report calls for formation of a Constitutional Committee to review the extension of central laws to the state of J&K from 1952 onwards. Some of the major recommendations are: changing the temporary nature of Article 370, dividing the state into three Regional Councils and appointment of the Governor but after consultation with the state legislature. The Report further says that the findings of this Constitutional Committee shall be binding on all the ‘stake holders’ in the State. Continue reading If ‘temporary’ meant special, what would ‘special’ mean?: Gazala Peer →

Culture, Law, Left watch, Right watch, Violence/Conflict

The Anti-Politics of Murder

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No, this post is not mainly about the ghastly murder of the rebel communist leader T P Chandrasekharan at Vatakara in Kerala early this month. It appears clear now that irrespective of whether the CPM leadership was directly involved or not, local CPM cadre were involved in the conspiracy. Certainly, it is an act gruesome enough to feed nightmares through many nights. And the way the gory details of the planning and execution of the murder continue to appear in the print and visual media, the Malayalee public is almost on its knees, holding on to their stomachs, racked by seemingly never-ending bouts of nausea. But I have my reasons for not wanting to focus on this incident here, reasons more than the sheer irritation felt with sections of the media that demand shrilly that ‘cultural leaders’ have not condemned the murder sufficiently. Continue reading The Anti-Politics of Murder →

Bad ideas, Law, Media politics, Technology

Meet Ashok Kumar the John Doe of India; or The Pirate Autobiography of an Unknown Indian

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The internet has been abuzz with  news of all the major ISPs in India blocking popular websites including piratebay, vimeo, dailymotion and pastebin etc. This is pursuant to a Chennai high court order available here and there are a number of unanswered questions about the validity of the blocking of the websites including whether the DOT were entitled to ask for a blocking of the site on the basis of the orders, how the ISPs chose these particular websites since the order itself does not mention any particular website. This is not to mention the larger question of how the last ten years has seen the dubious rise of John Doe orders as preemptive measure against copyright infringement.

For those unfamiliar with John Doe orders, they are ex parte injunctions ordered against unknown persons. Just to put this in context, ex parte injunctions are not the easiest things to obtain since they are based on the denial of  another person’s right to be heard. So even for cases of violence against women getting an ex parte restraining order is not easy. In contrast the last ten years we have seen the ease with which one can obtain these orders for copyright infringement cases. Continue reading Meet Ashok Kumar the John Doe of India; or The Pirate Autobiography of an Unknown Indian →

Government, Law

Supreme Court judgment on Pathribal case a lost opportunity: Warisha Farasat

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Guest post by WARISHA FARASAT

The recent Supreme Court judgment on the Pathribal case is a lost opportunity. In the Pathribal encounter killing, five innocent civilians were picked up and killed in a staged encounter by the 7th Rashtriya Rifle of the army. At the time, the then Union Home Minister L.K. Advani had gone on record to say that five Lashkar militants who were responsible for the Chittisinghpora massacre of the Sikhs in the Kashmir Valley had been killed in an encounter. After investigation by the CBI, a chargesheet was filed before the Chief judicial Magistrate, Srinagar, implicating army personnel of the 7th Rashtriya Rifle. In 2006, the army was given the option by the CJM to choose the forum of trial, and to either face court martial or be tried by a regular criminal court. Showing contempt for the CJM, the army personnel refused to face any trial, and asked the CJM to return the chargesheet back to the CBI.

Continue reading Supreme Court judgment on Pathribal case a lost opportunity: Warisha Farasat →

Centre watch, Empire/ Imperialism, Frontiers, Government, Law, Violence/Conflict

…and now Judicial Impunity?: JKCCS

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This release comes from the JAMMU KASHMIR COALITION OF CIVIL SOCIETY
2 May 2012: The recent Supreme Court judgment in the Pathribal case is very disappointing.
Fake encounters, along with various other human rights violations, have been a reality for the people of Jammu and Kashmir over the last twenty two years. In 2008, according to media reports, Supreme Court Justices Aftab Alam and G.S. Singhvi made observations in court in relation to the practice of fake encounters for rewards in Jammu and Kashmir. With about 8000 persons disappeared, 70,000 persons killed, numerous cases of torture, rape and other human rights violations, Jammu and Kashmir has seen institutional denial of justice. Continue reading …and now Judicial Impunity?: JKCCS →
Centre watch, Empire/ Imperialism, Frontiers, Law, Violence/Conflict

Pathribal ruling a setback for justice in Jammu and Kashmir: Amnesty International

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This press release comes from AMNESTY INTERNATIONAL

1 May 2012

Special powers that allow India’s armed forces suspected of involvement in extra-judicial killings to sidestep the civilian courts have been reinforced in a disappointing court ruling over the notorious killings of five Kashmiri civilians 12 years ago.

India’s Supreme Court has contradicted a reported statement by its Justices in February 2012 that army personnel suspected of murder should be placed in front of a civil judge.

Instead it opted to give military authorities eight weeks to bring about the court martial of eight army officials allegedly responsible for the unlawful killing of five youths in Pathribal, in March 2000. Failing that, the Central Bureau of Investigation (CBI), may apply to prosecute the army personnel. Continue reading Pathribal ruling a setback for justice in Jammu and Kashmir: Amnesty International →

Centre watch, Debates, Government, Law, Media politics

Unpacking India’s Internet Censorship Debate

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Recent debates on Internet censorship in India have focused to the allegedly free-for-all nature of the internet. Those of us who have argued against internet censorship have been somewhat misrepresented as arguing for absolute freedom whereby the reasonable restrictions laid down in Article 19 (A) of the Constitution of India don’t apply. Nothing could be farther than the truth.

It has been said that the internet can be used to incite violence, particularly inter-communal violence, and there needs to be a mechanism to prevent that. Communications minister Kapil Sibal wants internet giants to “self-regulate” for this reason, denying that he wants to censor political dissent on the internet. Following on the heels of his expression of such concern in December 2011, Mufti Aijaz Arshad Qasmi and journalist Vinay Rai filed cases against various internet companies for similar material that is religiously offensive.It needs to be pointed out, however, that the cases filed by Qasmi and Rai are under the Indian Penal Code and do not even invoke the Information Technology Act. So if the Indian Penal Code can be used against religiously offensive material why do we need any new mechanism to “regulate” or even “self-regulate” the internet? Continue reading Unpacking India’s Internet Censorship Debate →

Bad ideas, Centre watch, Government, Law

Freedom in the Cage: Photos from a protest against internet censorship in Delhi

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These photographs were taken at Delhi’s Jantar Mantar on Sunday, 22 April, by MUKUL DUBE. This protest was organised by the Aseem Trivedi led Save Your Voice campaign against India’s IT Rules 2011 that, as has been explained earlier on this blog, are a set of procedures that are already causing internet censorship in India bypassing the right to legal remedy and natural justice. Trivedi’s website, http://www.cartoonsagainstcorruption.com, was taken down by its domain registrar and he was not even informed in advance, thanks to these rules. The Rajya Sabha, upper house of the Indian Parliament, will debate these rules any time between 24 April and 9 May. You can urge all Rajya Sabha MPs to vote for the motion in a petition here or write directly to Rajya Sabha MPs from your state, in just a few clicks, here.

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