Category Archives: Law

Bad ideas, Debates, Government, Law

Reflections on a Genuflection to the Vox Populi by Subinay Inder Singh Bedi

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The republic and the legislature look to the public for gauging the mood of the nation during the process of formulating laws that necessarily must tap into the prevailing moral sentiment and ethos of the day. Thus a law against child marriage might have been moot a half century ago, but a necessary devolution of current social perceptions. On such issues, public sentiment can guide, indeed force the hand of the legislature and judiciary to come down particularly heavily on one side of the fence. However, it is parochial of us to invoke the illegal and hare-brained claim that since democracy is popularly, rule of, for and by the people, a representative democracy is inherently bound to genuflect to populist opinion, a case in point being the recent debate over the Lokpal bill that at the time of writing was still raging and occupied prime placement amongst the media of the day.

Continue reading Reflections on a Genuflection to the Vox Populi by Subinay Inder Singh Bedi →

Centre watch, Everyday Life, Excavation, Government, Law

Your government is removing your YouTube videos and you don’t even know about it

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After reporting Google Transparency Tools’ latest revelations about how much India asks Google to delete content and pass government agencies private user data, Firstpost writes, “To put all this in its proper perspective, Indians still enjoy robust Internet freedom – and occasionally even an excess of freedoms…” And then it goes on to compare internet freedom with China, assuring all is well with the world.

There is no such thing as excess freedom. There is a way to deal with the “scurrilous postings and videos” the article talks about. It’s called the law.

I write an article in a newspaper that is seen as “scurrilous”. The offending party will go to court. The court will decide if it is scurrilous enough to violate the law of the land (be it defamation, libel, or whatever) and summon me. I get a chance to defend myself. Continue reading Your government is removing your YouTube videos and you don’t even know about it →

Centre watch, Debates, Government, Law, Mirror Worlds, Movements, Politics

Ten lessons of the fortnight that was: Jay Mazoomdar

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Guest post by JAY MAZOOMDAAR

The 13-day blockbuster— peddled as the second freedom struggle, panned as irresponsible blackmailing, and a lot in between — is over. Anna Hazare accepted honeyed coconut water from two little girls, introduced to the crowd as a dalit and a Muslim, and went on to recuperate in one of India’s most expensive hospitals, one branded after Hindu spiritual literature at that.

News TV is still fighting the vacuum by flogging the debate – so much so that seasoned correspondents are chasing a rather dismissive Dr Naresh Trehan to unravel the mystery of Anna’s endurance. Biker gangs have gone into a sulk and roads at India Gate are looking safer for traffic and women (which is not saying much in Delhi). What is more, India has started taking note that too many Indians have meanwhile drowned in floods. Continue reading Ten lessons of the fortnight that was: Jay Mazoomdar →

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

A Response to SHRC’s Report on Unknown and Unmarked Graves of Kashmir: IPTK

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This press statement comes from the INTERNATIONAL PEOPLE’S TRIBUNAL ON
HUMAN RIGHTS AND JUSTICE IN INDIAN-ADMINISTERED KASHMIR (IPTK) together with the ASSOCIATION OF PARENTS OF DISAPPEARED PERSONS

29 August 2011: We welcome the report of the State Human Rights Commission of Jammu and Kashmir (SHRC) on unmarked graves in north Indian-administered Kashmir (dated July 2011 and recently released; download 3.2 MB .pdf here), taking suo moto cognizance of the matter, and appreciate the courage and labour that this work signifies.

The SHRC’s report acknowledges and corroborates the research documented in the report, BURIED EVIDENCE, released by the International People’s Tribunal on Human Rights and Justice (IPTK) in December 2009. The SHRC investigated unmarked graves in Bandipora, Baramulla, Kupwara, and Handwara districts across 38 graveyards and verified 2156 unidentified bodies in unidentified graves.

Based on investigative research conducted between November 2006-November 2009, BURIED EVIDENCE had documented 2700 unknown, unmarked, and mass graves, containing 2943+ bodies, across 55 villages (in 62 sites within these villages) in Bandipora, Baramulla, and Kupwara districts of Kashmir. Of these, 2373 were unidentified and unnamed graves.   Continue reading A Response to SHRC’s Report on Unknown and Unmarked Graves of Kashmir: IPTK →

Bad ideas, Debates, Government, Law, Mirror Worlds, Technology

A fax about Anna: Dilip D’Souza

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Guest post by DILIP D’SOUZA

Of course everyone has their own take on the movement that’s got us all talking. It raises passions, it polarizes, it shakes the powerful, on and on. I have immense admiration for what Anna Hazare has achieved: the outrage against corruption where we had indifference before, the outlet for such outrage, the renewed hope where we had cynicism before, the way his movement has shamed brazen politicians and forced an entire government to listen.

Yet the movement sometimes reminds me, of all things, of fax machines. Continue reading A fax about Anna: Dilip D’Souza →

Debates, Identities, Law, Mirror Worlds, Movements, Politics

The Lokpal debate from a Dalit-Bahujan perspective

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The video above shows a protest in Delhi demanding a Bahujan Lokpal Bill, and protesting against Anna Hazare. This was hardly given any coverage in the media. The video was made and uploaded by KHALID ANIS ANSARI, who writes at the Round Table India:

A supra-parliamentary Jan Lokpal and a very interventionist and unaccountable judiciary are a horror for the dalit-bahujan masses. All said and done the legislature is most respectful of social diversity as far as the three organs of government are concerned. The executive is bad and the judiciary is the worst in this regard. So I am presently in favor of taking the ‘political’ route than the civil society one which is in any way a club of the chattering classes. [Read the full post]

Given below is a note expressing a Dalit-Bahujan perspective on the Lokpal debate. The note has been put out by DINESH MAURYA: Continue reading The Lokpal debate from a Dalit-Bahujan perspective →

Identities, Images, Language, Law, Left watch, Mirror Worlds, Movements, Politics, Right watch

Some Thoughts from Ramlila Maidan

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Capitalism, Government, Law, Left watch, Media politics

Beyond ‘Middle Class’ and ‘Corruption’: Jeebesh Bagchi

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Guest post by JEEBESH BAGCHI

I have been thinking that If we drop “corruption” and “middle class”  we may find some other way to understand what we sense unfolding from Ramila grounds and television studios.

The term middle class has bloated so much that it now holds within it Narayan Murthy to Shekhar Gupta via Nandan Nilekani to a student in Sonepat to all people in this list and on facebook.  And on the other hand corruption seem to have bloated much further in which commissions from infrastructure deals (in lakhs of crores), commissions for arms deals, someone delaying papers, to admission costs, to a hawker buying some uninterrupted time in the street (20 rupees) is all melted down.

Could one start from some other point? Continue reading Beyond ‘Middle Class’ and ‘Corruption’: Jeebesh Bagchi →

Debates, Government, Law, Movements, Politics

The office of the Jan Lokpal and some thoughts on Nivedita Menon’s post: Anish Ahluwalia

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Guest post by ANISH AHLUWALIA

The Jan Lokpal

A problem lies at the very core of Anna Hazare’s anti corruption campaign. This campaign wishes to march ahead by defining ‘corruption’ in the narrowest possible sense. Monies illegally made by politicians, members of judiciary, babus while remaining dreadfully silent on corporations, upper middle classes, middle classes who form the bulk of bribe payers…

Continue reading The office of the Jan Lokpal and some thoughts on Nivedita Menon’s post: Anish Ahluwalia →

Debates, Law, Left watch, Movements, Scams

A Great Opportunity, A Serious Danger: A Statement

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A Statement Issued by some individuals and friends in social movements

The Anna Hazare situation invites two common reactions: many dismiss it as a middle class driven “urban picnic”; and others, notably the mainstream media, describe it as just short of a revolutionary movement to establish “people’s power.” The same divide exists among progressives and those concerned with social change. Strategies differ on the basis of where one stands on this divide. The problem, however, is that neither of these reactions fully reflects the reality of what is happening.

Continue reading A Great Opportunity, A Serious Danger: A Statement →

Debates, Government, Identities, Law, Movements, Politics

Why Jai Karan supports Anna Hazare

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Jai Karan in The Times of India

My own feelings about the Anna Hazare movement are mixed, or you could say confused. I like the way the movement is bringing an arrogant government to its knees, and though I don’t know if their version of the Lokpal Bill is the best way to fight corruption, I appreciate how they have exposed the UPA’s farce of a bill. I get the point that fellow-travellers Nivedita Menon and Aditya Nigam are making about democracy and political movements, but as one unit of ‘the people’, I don’t see why I should support a movement just because it is popular. Perhaps it is my elitism and naivete and cynicism. Or perhaps I’m just confused by now. The taste of the pudding is in the eating, and I’d like to see where this takes us.

While I sort out my confusion, I see a message on Facebook, attributed to Anu Ramdas, that says:

Continue reading Why Jai Karan supports Anna Hazare →

Centre watch, Debates, Law, Left watch, Movements

If only there were no people, democracy would be fine…

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This post has been jointly written by Nivedita Menon and Aditya Nigam

At Ramlila Maidan

We went to Ramlila Maidan yesterday, the four of “us” considerably swelling the numbers of about a lakh and a half of people there by 6.30 pm, when we left. They were either sitting inside, milling about outside all around its walls, or pouring in having walked from India Gate.  (Is the media exaggerating the numbers? In our opinion it is underestimating them considerably).

Continue reading If only there were no people, democracy would be fine… →

Centre watch, Debates, Government, Law, Politics

NAPM Extends Support to Anti-Corruption Movement and Demand for an Effective Lokpal

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[The statement was issued by the National Alliance of People’s Movements on 14 August. Much has happened since then – the arrest of Anna Hazare – accopanied by silence and often ridicule poured by the radical elite, but in the face of what is perhaps one of the most widespread mass movements in India after Independence. Over the past few days, we have been witness to innumerable demnstrations and marches in almost every colony in Delhi – where no TV camera ever reached or was even expected to when the ‘real’ action is going in in central Delhi. Contrary to the general propaganda and even our own earlier impression, this is no more simply a middle class movement. I am reproducing it here, somewhat belatedly, because it still touches on some of the post important points at issue in the ongoing struggle. – AN]

Anna Hazare Ji and manyothers across India will be starting their fast from August 16th in Delhi demanding an effective Lokpal. NAPM supports the people’s movement for a corruption-free India and urges the citizens of the country to plunge into this struggle. NAPM, along with other organisations is holding relay fast, human chains, public meetings and other programmes, in Chennai, Pune, Mumbai, Narmada Valley, Hyderabad, Guwahati, Bhubaneshwar, Bangalore, Mysore, Mou, Balia, Allahabad, Muzzafarnagar and other places. We urge our members and supporters to join this call and challenge the corrupt and defensive governments at the Centre and the states.

We strongly disapprove of the way in which government has been trying to put severe restrictions on holding peaceful protests in the capital, and Delhi Police under the garb of implementing the Supreme Court’s Guidelines is imposing unnecessary conditions on protests, as it did early this month on SANGHARSH anti-land acquisition protest, AISA-DYF anti-corruption protest and others. For an independent democratic country like ours, imposition and insistence on police permission and strict guidelines for holding peaceful protests and Sataygraha seems completely contradictory and only shows shrinking spaces for democratic freedom of expression and curb on fundamental rights of its citizens.

Continue reading NAPM Extends Support to Anti-Corruption Movement and Demand for an Effective Lokpal →

Frontiers, Government, Identities, Law, Violence/Conflict

The Banality of Bengal: Jyoti Rahman on the Tribulations of the Bangladeshi Hindus

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Guest post by JYOTI RAHMAN

List of names of Hindu students and professors massacred at Jagannath Hall on night of 25th March, 1971 by the Pakistani Army. Click to enlarge. Photo credit: Udayan Chattopadhyay.

Nirad C Chaudhuri and Jatin Sarker were both born in Hindu families in the Mymensingh district of eastern Bengal, now Bangladesh. Chaudhuri, about four decades older than Sarkar, wrote his autobiography before India held its first election, and ceased to be an unknown Indian. Sarker also wrote his life story. Unlike Chaudhuri, Sarker’s was in Bangla, published in Bangladesh, never translated in English, and not available in India or beyond. He remains unknown. Which is a pity, because if you want to know what has happened to the land where both these men were born, Sarker is a far, far better guide than Chaudhuri.

Sarker, of course, stopped being an Indian on 14 August 1947, when Mymensingh became part of East Pakistan — the eastern wing of Jinnah’s moth-nibbled land of the pure. His family didn’t move to India. They were not atypical. Many Hindu families remained in East Pakistan. Perhaps it was the presence of Gandhi. Perhaps it was the fantastical belief that Subhas Chandra Bose would return in 1957 — a century after the Great Uprising, two centuries after the Battle of Plassey — to reunite Mother Bengal.   Continue reading The Banality of Bengal: Jyoti Rahman on the Tribulations of the Bangladeshi Hindus →

Capitalism, Government, Law, Movements

Statement on the Martyrdom of Shehla Masood

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To add your name to this statement write to Akhlak Ahmad – syed.akhlak at gmail dot com

16 August, 2011

“I am proud to be an Indian. Happy Independence Day.”
– Shehla Masood, 15 August, 2011

Gandhi “the purpose of civil resistance is provocation”. Anna has succeeded in provoking the Govt and the Opposition. Hope he wins us freedom from corruption. Meet at 2 pm Boat Club Bhopal”
– Shehla Masood, 16 August, 2011 few minutes before her martyrdom

Shehla Masood, a Madhya Pradesh based civil rights and environmental rights activist was was shot dead by an unidentified person in front of her residence in Koh-e-Fiza locality in Bhopal around 11 AM on 16th August, 2011.

We the undersigned aghast at the irony that tigers, tribals, trees and civil rights and environmental rights activists are being hunted and killed in the same manner. Continue reading Statement on the Martyrdom of Shehla Masood →

Centre watch, Debates, Government, Law, Movements, Scams

Onwards to the Independence of the Corrupt!

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Let us pledge this 15th of August, that we will tirelessly work towards the independence – nay dictatorship – of the corrupt. We must tirelessly fight every attempt to raise  corruption as an issue – by gullible people who do not understand that corruption is not a real issue. We will not allow such people to be misled by demagogues and fascists who are  interested only in power – even if they do not show their hunger for power by contesting elections. Indeed, precisely because they do not contest elections.

Is the new mantra of democracy? How else do we understand the deafening silence on the series of dictatorial measures adopted by the government, on the part of all those who have been vocal, indeed strident, in their attack on the Anna Hazare movement? It is one thing to be opposed to the Anna Hazare movement but the silence – from parties as well as intellectuals, democratic rights groups and self-righteous editorial commentators of the Indian Express – on the desperate measures being adopted by one of the most corrupt governments ever, is inexplicable. It is as if the only threat to democracy today comes from a group of people who want to raise their voice in civil disobedience against public money being looted by elected representatives acting at the behest of powerful corporate interests.

First the Delhi Police simply refused permission to Anna Hazare and the India Against Corruption fast. Then they asked them to hold their protest in Burari! That is to say on the border of Haryana. This was but another way of disallowing it. Then they came out with a novel idea – a set of preconditions that include an undertaking that there will not be more than 5000 people and that the fast will be wound up in three days. Clearly, no self-respecting set of protestors will agree to such conditions and so ‘Team Anna’ refused to sign the undertaking.

Continue reading Onwards to the Independence of the Corrupt! →

Debates, Government, Law, Media politics, Mirror Worlds, Politics

In Defence of Asif Ali Zardari: Abdullah Zaidi

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Guest post by ABDULLAH ZAIDI

What comes to your mind with the mention of Asif Ali Zardari? “A cunning, vile, and corrupt man,” said my 19 year old cousin. This was a good summation of what the urban middle-class thinks of him. The more I hear people talking about him the more I am convinced of the power of propaganda. “Give the dog a bad name and hang him,” Zardai once said about himself. That is what is at work here.

Despite what has been said about him, Zardari did have a political background. His father Hakim Ali Zardari entered politics well before Partition and was a member of the Khaksaar Tehreek in 1931. He was first elected to the National Assembly in 1970s. All this talk of Zardari as a political orphan who hogged the Bhutto dynasty upon marriage with Benazir, is a non-starter. In Benazir’s husband, the Bhutto family wanted someone who would remain loyal to her. That is exactly what they got in him. For Zardari, family would always come first. This was the case at the time of Benazir’s death, when he kept the family together. Benazir would often tell close aides that despite his failings, Zardari always remained loyal to the family. Continue reading In Defence of Asif Ali Zardari: Abdullah Zaidi →

Centre watch, Law, Violence/Conflict

Why Devender Pal Singh Bhullar should not be hanged

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This public statement was issued by AMNESTY INTERNATIONAL in June

India: Amnesty International calls for death sentence on Devender Pal Singh not to be carried out

AI Index ASA 20/033/2011

Amnesty International calls on the Government of India not to carry out the death sentence imposed on Devender Pal Singh in 2001 after his conviction in an unfair trial. Under international law, the execution of a person convicted and sentenced to death in an unfair trial is a violation of the right to life. Continue reading Why Devender Pal Singh Bhullar should not be hanged →

Centre watch, Culture, Debates, Law, Movements, Politics

Parliamentary Sovereignty or an Active Citizenry? V. Krishna Ananth

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Guest post by V. KRISHNA ANANTH*

The political class, cutting across the spectrum, is now being haunted by a spectre. Anna Hazare has captured the imagination of a cross section of the people and his campaign is certainly gathering support. It remains to be seen if this support translates into a movement on the streets and more so against the state machinery that is threatening to pull all the stops. The people have shown such courage in the past. That is another matter.

Team Anna’s decision to go ahead with protests against the draft Lok Pal Bill, as approved by the Union cabinet, has spurred a debate. The proponents of the draft bill as well as sections in the political arena who claim to oppose the Government are united against another round of fast by Anna Hazare; they call it blackmail and an attempt to usurp Parliament’s power to legislate. They also claim that the principles of democracy shall not be sacrificed.

A number of them are on record that the draft proposals are subject to amendments and that the power to propose amendments and decide on them shall rest with the elected representatives of the people. It is another matter that the Prime Minister, who heads the cabinet, qualifies as a representative of the people only because membership of the Rajya Sabha is considered as good as being a member of the Lok Sabha to remain a minister under Article 75(5) of the Constitution. In any case, the fact is that Dr. Manmohan Singh has claimed, in an affidavit, that he is ordinarily a resident of Assam! We all know the truth but that too is besides the point.

Continue reading Parliamentary Sovereignty or an Active Citizenry? V. Krishna Ananth →

Centre watch, Government, Identities, Law, Right watch, Violence/Conflict

Every time there is a bomb blast in India

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Jyoti Punwani writes:

Expectedly, the questions were the same. What were you doing on the day of the blasts? Had you gone to Cheetah Camp? Do you know anyone from the Indian Mujahideen? How many times have you been to Pakistan? Why does only your information come to us? Get your house documents.

Amanullah was ready with the answers and documents… [Must Read]

From Kafila archives:
What does it mean to be a Muslim in India today?

Government, Identities, Law, Mirror Worlds, Movements

The Unending Struggle of Dalit Christians and Dalit Muslims for Equality: S. Japhet and Y. Moses

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On the sidelines of a protest at Delhi's Jantar Mantar today

Guest post by S. JAPHET and Y. MOSES

Religious minorities, both Christians and Muslims from different parts of the country have converged in Delhi to demand reservations for Dalit Christians and Dalit Muslims. This is part of a long standing struggle demanding the Government to introduce a bill to amend the constitution to include Dalit Christians and Dalit Muslims in the scheduled Castes list. The Christian community has been agitating since the promulgation of the Presidential Order Government of India 1950 that effectively prevents those professing religions other than Hinduism from being considered as Scheduled Castes. It has been argued that the 1950 Order violates Article 15 that prohibits discrimination on grounds of religion, race or caste and Article 25 that gives the right to all citizens to profess and practise any religion according to his or her choice. The demand is that affirmative action or positive discrimination of dalits, providing reservations in government jobs, educational institutions and representation in Parliament and state legislatures should be extended to all dalits irrespective of whatever religion they may profess and practise. Continue reading The Unending Struggle of Dalit Christians and Dalit Muslims for Equality: S. Japhet and Y. Moses →