Tag Archives: Supreme Court

Law, Right watch, Scams, Sex

Crimes of Unreason: Danish Sheikh

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A post on the cowardly judgment of the Supreme Court by DANISH SHEIKH. I term it a cowardly decision because if it had said that we are homophobic then it would at least have been admirable for its honesty if not for its belief. It instead chooses to mask its homophobia with crimes of unreason

Now you’re legal – Now you’re not!

With the ease of a particularly sadistic magic trick, a 98 page document has sent millions of LGBT individuals time-warping back into pre-2009 criminality. If there were any constitutional justifications for this act, they are not to be found lurking in the pages of this shockingly poorly reasoned decision. The Supreme Court has taken a chainsaw to one of the most beloved court decisions of our time, and surgically extracted everything that made it such an important verdict. Besides, of course, that little side business of equal-moral-citizenship granting. A broader walkthrough the shoddiness of the judgment can be found  here, (http://kafila.org/2013/12/12/we-dissent-siddharth-narrain/) I’m presently looking at some of the more egregious of its violations. Continue reading Crimes of Unreason: Danish Sheikh →

Law, Right watch, Sex

We Dissent: Siddharth Narrain

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A preliminary walk through the unreason of the Supreme Court in the 377 judgment by SIDDHARTH NARRAIN

We hope to see many more pieces which exposes the judgment for what it is- an example of judicial non application of mind. I have also written a short piece looking at the judgment in the context of the Mandela moment

The Supreme Court’s decision in Suresh Kumar Kaushal & Another v. Naz Foundation & Others is an unprecedented ruling, deciding to turn the clock back to pre-July 2009, when LGBT persons were criminalized by section 377 of the Indian Penal Code. On close reading, the judgment is based on a narrow and blindfolded interpretation of the law, ignoring the momentous changes in society and notions of morality that India is witnessing. Further, the judgment, in many parts, relies on shaky precedent, does not explain the logic of its conclusions, and is surprisingly dismissive of substantial evidence that was placed before it. Continue reading We Dissent: Siddharth Narrain →

Bad ideas

Justice will prevail

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Sometimes one needs to write pieces while breaking down into tears. That is the only way we can stay true to the fact that words are not enough to express our anguish and our disbelief but also our strength.

It isn’t surprising. In the land where the struggles of Soni Sori and Irom Sharmila not only continue but often go unnoticed, a regressive Supreme Court Judgment which sets the bar low for legality, constitutionality, justice and social morality isn’t out of the ordinary- all in a days work for some.

I spent the week articulating my loving critique of our movement. I thought we were past the idiosyncrasy of fighting an archaic law- one among the many scars of colonialism- being repeated with gusto by whom we can safely call the loony-right wing who claimed to represent all kinds of Gods and worse- many people. We all thought we could move on to fight the many fights that would give us the opportunity to fully shine bright in our creativity and vibrance. But here we are again- having to scream out loud the bare necessities of human existence to voices that have long forgotten the act of listening. Continue reading Justice will prevail →

Bad ideas, Centre watch, Law, Right watch

We Are All Queer – Assemble at Jantar Mantar against Reactionary Judgement

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Shocking! Shameful!!  Disgusting!!!

The Supreme Court has struck down the  Delhi High Court decision decriminalizing gay sex in what might go down as the most retrograde judgement in India’s history. While the details of the Court’s reasoning are still not available, we can perhaps easily imagine what they might be. This is time of civil disobedience. Time for protest.

Assemble at Jantar Mantar at 4.30 pm, today 11 December to announce to the world that ‘We Are All Queer’. To announce that this is not a struggle of just the ‘gay-lesbian community’ but a struggle for our most fundamental rights and cherished values.

Empire/ Imperialism, Everyday Life, Genders, Law, Mirror Worlds, Sex, Violence/Conflict

Justice for Soni Sori. Gathering at Jantar Mantar, 02/01/13

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Protests against Sexual Violence continue in Delhi. Earlier this morning, there was a gathering to protest against the gruesome sexual violence committed on Soni Sori while in custody in Chhattisgarh under the supervision of Ankit Garg, Superintendent of Police, Dantewada. Ankit Garg was awarded with a presidential police medal on Republic Day (January 26) in 2012.

Soni Sori’s petition at the Supreme Court is due to be heard tomorrow. Continue reading Justice for Soni Sori. Gathering at Jantar Mantar, 02/01/13 →

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 →

Debates, Law, Media politics

Clamping down on the dissenting voice

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

While the Supreme Court’s decision lay to rest the debate on the scope and constitutional validity of the sedition law, the life of the sedition law is entangled with that of political dissent in the country. A brief search for reported High Court and Supreme Court cases on sedition gives us an indication of the kinds of situations where the sedition law is commonly used.

For instance, in 1967, the government prosecuted Ghulam Rasood Choari, the editor of an Agra based Urdu weekly called Ehsas for exhorting the Muslims of the country, especially the Muslims of Kashmir to violence against the government and bringing the readers of the paper into ‘hatred’ and contempt and dissatisfaction with the government (Ghulam Rasool Choari v. The State 1968 CriLJ 884).

Continue reading Clamping down on the dissenting voice →
Debates, Government, Law

Perils of Arbitrariness – MSS Pandian

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The Central Educational Institution (Reservation and Admission) Act, 2006, which provides for 27 per cent reservation for Other Backward Classes (OBCs) in institutions of higher learning, is in a state of deep freeze. The Union Government’s desperate promises to expand the educational infrastructure in these institutions, to increase the number of seats so that the number of open quota seats will remain the same, and to address the issue of creamy layer, has failed to convince the Supreme Court. After a court battle of five long months, a Supreme Court Bench has finally refused to vacate the stay on the Act imposed in March 2007.
The Supreme Court’s objection to the Act is quite straightforward and seemingly reasonable. It posed to the Union Government, what is the basis on which the figure 27 per cent had been arrived at. The Union Government failed to come up with any credible answer and the Supreme Court, as one would expect, stuck to its position. In other words, Supreme Court wants no legislation to be arbitrary but be based on defendable rational basis.
Continue reading Perils of Arbitrariness – MSS Pandian →