Tag Archives: Constitution

Culture, Debates, Democracy, Education, Government, Religion, Right watch

UP: Ramayana, Vedic Workshops in Govt Schools Challenged

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Why the Yogi Adityanath-led BJP government’s move of using public funds for imparting religious instruction violates Article 28 of the Constitution.

Representational Image. Image Courtesy: Pexels

“No religious instruction shall be provided in any educational institution wholly maintained out of State Funds” unless “established under any endowment or trust which requires that religious instruction shall be imparted in such institution”. (Article 28 of the Indian Constitution)

It has been more than 75 years since the founding fathers (and mothers) of the Constitution took this bold stand when they were shaping the guidelines around which the newly independent country would move forward. ..

…..Much water has flown down the Ganges, the Jamuna and all rivers of the country and it appears that slowly, but not so silently, attempts are on to water down the provisions of this Article and facilitating religious instruction in government schools through the back door.

The manner in which Yogi Adityanath-led Bharatiya Janata Party (BJP) government in Uttar Pradesh has suddenly decided to hold summer workshops on the Ramayana and the Vedas in government schools across the state, without any broader consultation with the stakeholders involved in this endeavour, is symptomatic of the brazen attitude of the government. We are told that these workshops will be organised under the aegis of the International Ramayana and Vedic Research Institute, Ayodhya, and will include activities, like Ramlila, Ramcharitmanas recitation, Vedic chanting, painting, and mask-making.

As expected, this retrograde move by the Yogi government has generated anger among the broad masses as well as concerned citizens, who have demanded that this move be immediately rescinded. ( Read the full article here : https://www.newsclick.in/ramayana-vedic-workshops-govt-schools-challenged )

Culture, Debates, Education, Law

Why a 3-Year-Old Child’s Death Will Haunt us For a Long Time

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Keeping aside disagreement about customs like ‘Santhara’, one can at least agree that only an adult can make a decision to opt for death voluntarily in times of sickness.

Men never do evil so completely and cheerfully as when they do it from religious conviction.

Blaise Pascal (1623–1662)

French mathematician, physicist, inventor, philosopher, and Catholic writer

Namrata (name changed), the three-year-old daughter of IT professionals from Indore, is dead.

She had brain tumour which was successfully operated upon in January in Mumbai but it relapsed in March, and within less than a week, she breathed her last.

Apropos nothing seems amiss in her story.

The child got the best treatment available, and for her parents, belonging to Jain community, money was never a problem.

Despite all these relevant details, it is rather difficult to forget or disremember the past few hours of her life when she was still alive, when she must have been in tremendous pain and the way she was made to undergo some ritual to ‘improve her next birth’ — as impressed upon her parents by their spiritual leader.

We learnt that instead of hospital bed, where she should have been given palliative care, the child was shifted to the ashram of one Maharaj, a Jain monk, who had convinced his gullible disciples – her parents – to opt for Santhara “to decrease her suffering and improve her next birth”.

And these young IT professionals, barely in their 30s, had no qualms in shifting their dying daughter to the ashram, despite knowing full well that she was in tremendous pain and any sudden change would exacerbate her death. [ Read the full article here : https://www.newsclick.in/why-3-year-old-childs-death-will-haunt-us-long-time]

Culture, Debates, Democracy, Islamophobia, Politics, Religion

Road to Kumbh: Paved With Hindu Rashtra Intentions?

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The Mahakumbh has provided Hindu Supremacist forces an opportunity to further marginalise and invisibilise Muslims, and further push for a ‘Hindu Constitution’.

Whether Uttar Pradesh Chief Minister Yogi Adityanath will be able to recover his image after the tragedy at Mahakumbh, which officially killed more than 30 people and wounded many, many more, is a question being raised in hushed voices in the corridors of power in Delhi.

Obviously, questions are also being raised about the great hiatus between the massive propaganda undertaken around the Mahakumbh and the level of preparations for this ‘biggest congregation on earth’….

For Chief Minister Adityanath, who had ‘positioned himself as the ‘host of the biggest congregation on earth’, the path ahead looks challenging, with the tremendous ineptness of the administration led by him on full display. Much has been reported about conscious attempts made allegedly to downplay the tragedy and how it continued for the whole day. A UP minister, supposed to be close to the Chief Minister, even made a controversial statement that “such small events keep happening in large gatherings.” The statement caused so much uproar that he had to issue an apology. The mainstream media added another page of shame to its track record when it continued to publish government handouts, and did not even deem it necessary to report the tragedy. ( Read the full article here : https://www.newsclick.in/road-kumbh-paved-hindu-rashtra-intentions)

Culture, Debates, Democracy, Politics, Right watch

Fascinating Hindutva Lite

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After the ascent of Hindutva Supremacists at the Centre, avowedly secular parties also seem to be falling prey to it under mass pressure for short-term electoral gains.

Politics is a strange beast.

It looks incredulous how at times it helps Satans being metamorphosed into Saints and biggest murderers of hapless communities emerging as the defenders or ‘heartthrobs’ of their ‘own people.’

Perhaps it is a sign of this weirdness that Donald Trump’s vitriolic speeches targeting Haitian immigrants – that they eat pets — have not appeared incredulous to a large section of the US population, which is 79% literate, as the records show. Finally, Haitian groups themselves had to approach the courts to expose “racial animus against Haitian immigrants” over the years.

Interestingly, while the strongest democracy in the world is in the midst of a manufactured controversy around pets, the biggest democracy in the world, is witnessing another fabricated controversy around Laddoo – a spherical sweet from the Indian subcontinent — thanks to the intervention of what can be called as ‘new converts’ to Hindutva Lite politics. ( Read the full article here : https://www.newsclick.in/fascination-hindutva-lite-among-opposition-parties)

Culture, Debates, Government, Law

Your Honour, the Rot Runs Really Deep !

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The Karnataka HC episode is a wake-up call for the judiciary, as the battle to save it from interference by the executive could have long-term consequences for democracy.

High Court of Karnataka. Image Courtesy: Wikimedia Commons

Justice Srishananda of the Karnataka High Court is in the news for wrong reasons.

What has caused tremendous unease is the way he openly referred to a Muslim-majority area in Bengaluru as “Pakistan” during a hearing and even made a misogynistic comment involving a woman lawyer.

The open display of prejudice toward a community and gender — by someone who is supposed to uphold the Constitution — infuriated a wide cross-section of people. A five-judge bench of the Supreme Court led by Chief Justice Chandrachud also lost no time in condemning these highly irresponsible remarks and asked the Karnataka HC to submit a report in this connection.

..The SC’s quick intervention in the Karnataka case is definitely a welcome development.

The question arises whether establishing such clear guidelines would really prove a dampener to such utterances in courts in future? Would it really put a stop on judges who have had no qualms in declaring that ”based on religion, India should have been declared Hindu nation after independence.’ or declaring ‘Modi a model and a Hero’. ( Read the full article here : https://www.newsclick.in/your-honour-rot-runs-really-deep)

Centre watch, Culture, Debates, Democracy, Government, Politics, Right watch

Return of the ‘Urban Naxal’ Bogey

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What does it portend for the unfolding struggle to save the Constitution and reinvigorate democracy?

Despotic kings or autocratic leaders share one thing in common. They have an uncanny ability to live in their bubbles or not learning from the immediate or past history at their own peril.

Narendra Damodardas Modi, the Rashtriya Swayamsevak Sangh (RSS) Pracharak (propagandist), who famously declared during elections held for the 18th Lok Sabha that he was ‘non-biological’, looks no different. He has returned as the Prime Minister of India – for the third time, albeit with a reduced majority and with support from mercurial allies. Yet, he still wants to believe that nothing has changed. The oath taking ceremony, where (barring Pakistan) leaders of other neighbouring countries were invited, looked like a coronation of sorts.

Much on the lines of a king from a literary fairy tale written by a legendary Danish author, he is going about his business with usual élan.

( Read the full article here : https://www.newsclick.in/return-urban-naxal-bogey)

Culture, Debates, Democracy, Identities, Religion, Right watch

‘Waterloo’ in Ayodhya : Who Is Stigmatising Hindus Now ?

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The debacle faced by BJP at Ayodhya-Faizabad is a big loss of face for the party and the broader Sangh Parivar.

“Those who cannot remember the past are condemned to repeat it.”

– George Santayana, The Life of Reason, 1905.

‘Zor ka Jhataka Dheere Se Lage‘ (roughly translated ‘powerful jolt felt lightly’)

The catch line of a song – or perhaps a famous ad campaign – very well describes the reverses faced by the Bharatiya Janata Party (BJP) in the recently held Lok Sabha elections.

Continue reading ‘Waterloo’ in Ayodhya : Who Is Stigmatising Hindus Now ? →
Culture, Debates, Democracy, Law, Politics, Religion

Stop ‘Pooja Archana’, Bow Before Preamble in Court Premises

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Towards 75 years of adopting the Constitution, it is time for a new beginning.

‘Secularism is the religion of humanity …. It is a protest against theological oppression, against ecclesiastical tyranny, against being the serf, the subject or slave of any phantom, or of the priest of any phantom. “

– Robert Green Ingersoll

Simple ideas are perhaps the most difficult to implement.

For a country of around 1.4 billion, which has witnessed internecine violence on religious lines at the time of Independence, and which has turned a new leaf by adopting a Constitution based on secularism, which abhorred even mentioning the word God, why it is still difficult to avoid religious rituals in public domain, at least in the precincts of the courts?

Continue reading Stop ‘Pooja Archana’, Bow Before Preamble in Court Premises →
Capitalism, Centre watch, Countryside, Culture, Debates, Democracy

No It Is Not Hegde’s ‘Mann Ki Baat’ It is BJP’s ‘Dil ki Baat ‘:  Goodbye Constitution, Enter ManuCracy !

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How BJP dreams to Usher In Hindu Rashtra Democratically ?

Representative image. Credit: iStock Photo( courtesy Deccan Herald)

Anantkumar Hegde, BJP MP from Uttari Karnataka, is again in the news.

Close on the heels of his controversial statement about demolition of a mosque and his invoking of Hindu community who would not rest ‘until more mosques are reclaimed ‘ (1) he has delivered another explosive statement.

This time the whole edifice of Constitution is under his attack, which according to him has ‘distortions introduced by the Congress to suppress Hindu society’. (2) ..

..Critics have rightly said how this suggestion exhibits real intentions of the saffron regime which wants to usher us into Hindu Rashtra, end reservation for scheduled and backward communities, reinforce caste system and also replace Constitution drafted by Dr Ambedkar with a worldview inspired by Manusmriti. The main opposition party Congress has expressed fear that all such statements, steps just go to vindicate how a ‘cloud of dictatorship’ now hovers over India. (3)

It is a different matter that neither BJP top guns nor PM Modi – who had famously declared way back in 2014 that for him ‘Constitution is the most sacred book’ deemed it important to condemn Hegde’s statements or ordered him to seek apology for his claim.

One learns that it has merely distanced itself from Hegde’s controversial statement to convey an impression that what he said was his ‘Mann ki Baat’ and not BJP’s Dil ki Baat’ .

Capitalism, Countryside, Democracy, Right watch

Conceptualizing the Counter-Revolution in the Seventy-Fifth Year of Independence

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[‘Parapolitics’ began on 16 January 2020 as a weekly column at the height of the anti-CAA movement. After eight weeks, it was made into a fortnightly column and now, eighteen months and 44 posts later,  beginning with this post, this column will now appear once a month, on the second Saturday of every month.]

The courageous National Dastak reporter Anmol Pritam was being forced by the demonstrators to chant their slogans. 
Image courtesy The News Minute

 

What happened at Jantar Mantar on 9 August – the anniversary of the Quit India movement – was not just violently anti-Muslim in the slogans raised; it was also symptomatic of the larger counter-revolutionary shift that has taken place in our politics. That Quit India or the ‘August revolution’ day was sought to be taken over as a final gesture of that grand victory that the Sangh Combine believes it has already won, is telling. It is telling also because it is a formation that studiously stayed away from the mainstream of the anticolonial struggle but now wants to take over that legacy and saffronize it. How the rally was organized and continued to be held despite the police claiming it had no permission to do so, does not remain so much of a mystery once you realize that the key organizers are Sangh/BJP leaders or parts of the larger network of terror associated with them. But that is another matter. It is important to recognize that incidents like these are but signs of a new stage in the ongoing counter-revolution where the Hindu Right is no longer content with claiming its own distinctiveness in opposing mainstream (Congress-led) nationalism but is out to make a determined bid to appropriate the entire legacy of that nationalism. The insistence, in recent times, on the national tricolour as a sign of its aggressive nationalism, is entirely of a piece with this attempt to occupy the mainstream.

Continue reading Conceptualizing the Counter-Revolution in the Seventy-Fifth Year of Independence →
Capitalism, Centre watch, Debates, Government, Politics

How to really compensate for injustice committed

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It is disheartening when the Constitution is not followed in letter and spirit, but the balm of monetary compensation will not fix the problem.

Dr Kafeel Khan Speech allahabad hc

Someone must have been telling lies about Joseph K, he knew he had done nothing wrong but one morning, he was arrested.

These opening lines of Franz Kafka’s classic novel, The Trial, published just over a century ago, in 1925, still ring true. 

Joseph K, the novel’s protagonist, is cashier at a bank. On his 30th birthday, two unidentified agents arrest him for an unspecified crime. The plot of the novel revolves around his efforts to deduce what the charges against him are, and which never become explicit. Joseph K’s feverish hopes to redeem himself of these unknown charges fail and he is executed at a small quarry outside the city—“like a dog”—two days before his 31st birthday.

Kafka, a major figure of 20th century-literature died of tuberculosis in 1924, when he was barely 40 years old. He had wanted all his manuscripts, including of the unfinished The Trial, destroyed after his death, but close friend and executor of his will, Max Brod, ignored the instruction and the world gained a strong literary indictment of an apathetic and inhuman bureaucracy and how completely it can lack respect for civil rights. 

Kafka’s novel resonates with us today for it is not difficult to spot people who have been wronged by our system. Their endless wait for justice, especially those charged with petty crimes, or those who spend the prime of their lives behind bars on concocted charges, is on open public display. 

( Read the full article here )

Culture, Debates, Education, Law

Are Central Universities Modern-Day Agraharams?

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A caste-based society will overcome legal codes that make equality the norm unless people actively bring change.

Are Central Universities

Will we ever know the category-wise distribution of vice chancellors of the forty central universities located across the country? Thanks to the rules governing these universities, and those of the University Grants Commission, there is no such record.

This form of “castelessness” at the top is coupled with marginal representation of teachers from socially and physically marginalised sections. Be it the Scheduled Castes, Scheduled Tribes the Other Backward Classes or persons with disabilities, they are hardly ever appointed to teaching posts in central universities. A marker of the invisibilisation of these social groups is the fact that up to 96.65% of the posts of professor meant for candidates from these categories were unfilled on 1 January 2020.

This was discovered by a Delhi University teacher, who sought the information from the UGC under the Right to Information Act. More than 82% posts of professors meant for Scheduled Caste candidates, 93.98% posts meant for Scheduled Tribes and 96.65% posts meant for OBCs still remain vacant. The situation for associate professors is equally dismal, though there are fewer vacant posts of assistant professors for OBCs.

Any news can go viral these days but this explosive disclosure, which raises questions about recruitment procedures and their inherent biases was barely noticed. An explanation is that such news has lost its novelty. Perhaps everybody is aware of the metamorphosis of central universities into a new kind of Agraharam or abode of elite castes.

( Read the full article here)

Culture, Debates, Government, Law, Religion

God in the Classroom!

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Unfolding Debate about Secularising Education

( To be published in ‘Indian Journal of Secularism)

“There is in every village a torch – the teacher; and an extinguisher – the priest.”
-Victor Hugo

Introduction
“Keep the words God, Jesus and the devil out of the classroom.”

A school teacher’s message on the first day of the school for first-grade students had caused tremendous consternation among a section of the parents.

She had a simple rationale to present her proposal. With their being a public school with children coming from different religions and beliefs joining it, she did not “[w]ant to upset a child/parent because of these words being used,” In her letter she had also advised them to talk to the children when they go to the church/temple/synagogue – whatever might be the case – or discuss the issue at home at an appropriate time and place of talking about it.” (https://www.indystar.com/story/news/education/2017/08/30/teacher-tells-first-graders-dont-talk-god-classroom/612118001/)

Well, instead of the discussion getting fixed on the slow imposition of the concept of God or closing of child’s minds it turned into a debate on students’ free speech rights. It did not take much time for the management of the school to rescind this proposal.

There is nothing new about this dilemma faced by a teacher who has welfare of students at the center of her/his concerns. Continue reading God in the Classroom! →

Government, Law, Politics, Right watch

Petition to Supreme Court Urging Verdict in Judge Loya Case

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The following petition initiated by Prasenjit Bose appeals to the Supreme Court to reconsider the verdict in the case regarding Judge Loya’s death. Since the launch of the petition, over 527 persons have already signed it. A list of 40 prominent signatories is provided below. A hard copy of the petition along with the total list of signatories will be sent to the Supreme Court judges once we collect thousand plus signatures.  The petition can be signed here.

To
The Hon’ble Chief Justice

& His Companion Justices,

The Supreme Court of India

Most Respectfully Sheweth:

We the undersigned citizens of India are deeply anguished by the order passed by a three judge bench of the Supreme Court that there is no merit in the writ petitions seeking an Inquiry into the death of Justice Brijgopal Harkishan Loya on December 1, 2014 at Nagpur.

The three judge bench has concluded that the documentary material on the record indicates that the death of Judge Loya was due to natural causes and that there is no ground for reasonable suspicion about the cause or circumstances of death which would merit a further inquiry. Continue reading Petition to Supreme Court Urging Verdict in Judge Loya Case →

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 →

Bad ideas

Appeal to all Voters to Protect Democracy – People’s Alliance for Democracy and Secularism

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Dear fellow citizens

Sixty seven years ago, independent India adopted a democratic constitution that created a platform for equality and justice by ensuring the participation of all. Our constitution-makers were concerned to maintain a secular society free from any divisions of caste, sect and religion. 

What has become of that vision? A large part of the population lives in extreme poverty. Millions of Indians are denied their fundamental rights. There are strong linkages amongst powerful capitalists, biased officials and unscrupulous political representatives. The political system is in danger of being taken over and run for the benefit of the rich, rather than for the vast bulk of the Indian people. Communal forces of all colours thrive in our society. Their growth has been evident since the Delhi carnage of 1984. Biased behavior has appeared in the media, police, bureaucracy and executive. We are witnessing the criminalisation of the state. One example of this is the operation of private armies all over the country.

The Sixteenth Lok Sabha elections are an opportunity for us to preserve democracy. The RSS has emerged as a direct participant, discarding its ‘cultural’ mask. Continue reading Appeal to all Voters to Protect Democracy – People’s Alliance for Democracy and Secularism →

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 →

Culture, Debates, Everyday Life, Government, Identities, Language, Metropolis, Movements, Politics

We The People, Reclaim the Republic: Various Citizens Groups

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Call given by VARIOUS CITIZENS GROUPS

As we commemorate another Republic Day, We The People proclaim that the parade of the powerful at Rajpath does not represent us. We The People, Reclaim our Republic.

As members of the LGBT community, women, workers, sex workers, students, teachers, activists, persons with disabilities, health rights activists, Dalits, indigenous people, farmers, those affected by unconstitutional military rule, we are united not as “minorities” or “others,” but as the people. We invoke the promises of the Constitution of India in our name. Our struggle will continue until all arms of the state are unwavering in their constitutional promises towards the marginalized in our society, rather than only representing the powerful.

Continue reading We The People, Reclaim the Republic: Various Citizens Groups →

Bad ideas, Capitalism, Centre watch, Everyday Life, Government, Law, Technology

Press Release Against IT 2011 Rules

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PRESS RELEASE

The notification of the Information Technology (Intermediaries Guidelines) Rules 2011 in April 2011 has resulted in the creation of a mechanism whereby intermediaries (such as Google, Facebook, Yahoo, etc) receive protection from legal liability in return for trading away the freedom of expression and privacy of users.

The Rules demand that intermediaries, on receiving a complaint that any content posted online is considered grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner, have to disable the content within 36 hours of receipt of complaint. The rules also require the intermediaries to provide the Government agencies information of users without any safeguards.
Continue reading Press Release Against IT 2011 Rules →

Law, Right watch, Violence/Conflict

A beacon of light in the heart of darkness: SC holds Salwa Judum unconstitutional

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The Supreme Court has held that the use of extra-legal armed forces in Chhattisgarh is unconstitutional. Responding to a PIL filed by Nandini Sundar, Ramachandra Guha and E.A.S. Sharma, the court’s decision turns on the nature of the Salwa Judum and  the appointment of special police officers under the Chhattisgarh Police Act. But if it were a judgment that had merely ruled on the technicalities, it would have been a welcome and competent order, but would have missed its moment of constitutional greatness. This judgment attains such greatness by virtue of its deft combination of insightful legal analysis, the articulation of a moral vision of constitutionalism and development and its sharp invocation of rhetoric (in the best sense of the term) and fiction to buttress its arguments.

Fiction, William Gass reminds us is the figure of truth. Law has always produced and promoted legal fictions and the substantive interpretation of law often rests upon on a body of rhetorical figures and scenarios. The imaginative and moral character of legal fiction can often be found wanting, but there are times when the courts produce inspired moral visions that outdo even literature. Although fiction in the manner of its making, is pure philosophy, Gass says that no novelist has created a more dashing hero than the handsome absolute, or conceived more dramatic extrications- the soul’s escape from the body, for instance, or the will’s from cause. Nandini Sundar v. State of Chattisgarh is an excellent example of the ways in which the law can productively use metaphor as legal argument (‘our constitution is not a pact for national suicide’)

There will be time in the near future to examine all the nitty gritties of the judgment, but for now lets celebrate this amazing judgment. I am reproducing some extracts which may be of interest, and highlighting some of the key metaphors that the judges use in describing the state of affairs in Chhattisgarh and India more generally. (Full text available here; .pdf, 58 pages.) Continue reading A beacon of light in the heart of darkness: SC holds Salwa Judum unconstitutional →

Debates, Law

How Sedition crept into the constitution: Siddharth Narrain

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Part 2 of a 3 part series by SIDDHARTH NARRAIN. First published on The Hoot

While in their Draft Constitution, the Constitutional Framers included ‘sedition’ and the term ‘public order’ as a basis on which laws could be framed limiting the fundamental right to speech (Article 13), in the final draft of the Constitution though, both ‘public order’ and sedition were eliminated from the exceptions to the right to freedom of speech and expression (Article 19 (2)).Commenting on this omission many years later, Justice Fazl Ali said: 

The framers of the Constitution must have therefore found themselves face to face with the dilemma as to whether the word “sedition” should be used in article 19(2) and if it was to be used in what sense it was to be used. On the one hand, they must have had before their mind the very widely accepted view supported by numerous authorities that sedition was essentially an offence against public tranquillity and was connected in some way or other with public disorder; and, on the other hand, there was the pronouncement of the Judicial Committee that sedition as defined in the Indian Penal Code did not necessarily imply any intention or tendency to incite disorder.

Continue reading How Sedition crept into the constitution: Siddharth Narrain →