Tag Archives: Supreme Court

Convention on the Degradation of the Criminal Justice System in India

Guest Post by People’s Alliance for Democracy and Secularism (P.A.D.S.)

convention

People’s Alliance for Democracy and Secularism
Invites You to a Convention on
Degradation of Criminal Justice System
A fair, transparent and functional criminal justice system is essential for any democracy. It is necessary for the basic security of citizens, and also for creating conditions under which citizens can live a life of freedom. Unfortunately India’s criminal justice system has been undergoing a prolonged process of corruption by dominant class and caste interests. Rather than upholding justice in a fair and symmetric manner, it is often seen to be working for the powerful and the rich. After the victory of the BJP in the general elections of 2014, the communal manipulation of institutions of justice and police has been intensified. Within weeks of the election, selective leaks were made to derail Gopal Subramanium’s elevation to the Supreme Court. Earlier this year Public Prosecutor Ms Rohini Salian revealed that she was pressurized to soften the case against members of Hindutva terror groups accused in the Malegaon blast. Retired Sessions Judge Jyotsana Yagnik, who convicted Gujarat minister Maya Kodnani and Babu Bajrangi in the Naroda Patiya massacre case was targeted with threatening phone calls and letters. Prosecution witnesses in several such cases, including the 2007 Samjhauta Express bombing case, have been changing their statements. Such incidents indicate a systematic political attempt to undermine the autonomous functioning of the criminal justice system by pressurizing or otherwise influencing the police, investigating agencies, public prosecution and the judiciary.
Why is there such a big gap between the liberal and social-democratic promises of the Constitution of India and the reality of the criminal justice system? What specific dangers do the majoritarian and authoritarian politics of the Hindutva forces present to this system? How can democratic forces counter this process of degradation? The Convention is a means of starting a long-term debate and a program of advocacy for an impartial system of criminal justice.
Dec 12-13, 2015
Gandhi Peace Foundation, D. D. U. Marg, New Delhi
The link for facebook event is https://www.facebook.com/events/1496545783979881/ .

NBA Welcomes SC Dismissal of MP Govt Application Denying Right to Land to Sardar Sarovar Oustees

We are publishing below the text of a statement issued by the NARMADA BACHAO ANDOLAN in New Delhi today following a significant Supreme Court order on the rehabilitation of Sardar Sarovar oustees

In a significant Order, the Social Justice Bench of the Supreme Court comprising Jst. Madan Lokur and Jst. Uday Umesh Lalit today dismissed an Application filed by the Government of Madhya Pradesh (GoMP) / Narmada Valley Development Authority (NVDA) seeking a ‘modification / clarification’ of the Apex Court’s previous judgements of 2000 and 2005, thereby denying right to land of a few thousand adult sons of the Sardar Sarovar Project (SSP) affected farmers.

The Hon’ble Court held among other things that the Application by State of MP suffers from gross delay / laches having being filed many years after the judgements were issued (upholding the right to land of the SSP adult sons) and the rights / entitlements already accrued to the oustees in principle cannot be taken away. The Bench also had to take note of the fact that while the entitlement of most of the adult sons have already been recognized many many years ago, one set of oustees have been offered land / Special Rehabilitation Package (5.5. lakhs for 5 acres) since the judgement of 15/3/2005 of the Apex Court and another set of oustees are being denied the same; this would result in a clear violation of Article 14 of the Constitution which guarantees a fundamental right to equality. Terming this “not to be good governance”, the Court summarily dismissed the Application.   Continue reading NBA Welcomes SC Dismissal of MP Govt Application Denying Right to Land to Sardar Sarovar Oustees

The Death of 66A and The Dawn of a New Era of Free Speech Jurisprudence: Siddharth Narrain

Guest Post by  SIDDHARTH NARRAIN

It’s not often that India’s Supreme Court strikes down a law in its entirety as a violation of the free speech. But when it does, boy do you want to stand up and cheer. Before a packed courtroom, Justices Rohinton Nariman and G. Chelameswar, pronounced their judgment in Shreya Singhal & Ors. v. Union of India,, striking down, in its entirety, the controversial section 66A of the Information Technology Act in its entirety. The full text of the decision is not available yet. But Justice Nariman read out parts of the court decision, enough to give us a sense of what is to come.

Continue reading The Death of 66A and The Dawn of a New Era of Free Speech Jurisprudence: Siddharth Narrain

Thinking through the application for “clarifications” of transgender rights

Newspapers have been reporting about an application for clarification filed, it appears, by the Ministry of Social Justice and Empowerment with the Supreme Court about the NALSA judgment on transgender rights. Here is the full text of that application, and here is a very useful and short summary of its content. The reflections below follow from that summary.

Any move that makes the inclusion of trans-men, non-hijra trans-women, and genderqueer/trans folks in the SC judgment explicit is welcome. Many had written to the Ministry of Social Justice and Empowerment seeking this, following the MSJE report and the judgment. The principle of self-determination of gender identity without psychological and medical examination or surgery is upheld and that remains critical.
Continue reading Thinking through the application for “clarifications” of transgender rights

Thinking About Adam Ajmeris in Saffron Times

“The past is a foreign country; they do things differently there.”

L.P. Hartley, The Go-Between

Sixteen year old Shahwan, from Ahmedabad, who is still waiting for his Class X results, was extremely happy that day, when India’s electorate gave its verdict. He hugged his Ammi and went out in his Mohalla along-with his brother Almas, yelling ‘we have won’, ‘we have won’. And not only Shahwan and his family members but one could witness similar joy in the houses of Mohammad Salim Hanif Sheikh, Abdul Qayyum Mansuri alias Mufti Baba and several others.

Interestingly Shahwan’s tremendous joy with tears flowing down the eyes of his Ammi Naseem (40) had nothing to do with the fact that Mr Narendra Damodardas Modi, had delivered a ‘historic victory’ to the BJP.

It was a strange coincidence that the day India’s electorate decided to give a mandate to the Modi led BJP to rule the country for coming five years also happened to be the day when Supreme Court of India in a historic judgment overturned a controversial decision take by him as home minister. It was related to the prosecution of those arrested for Akshardham attack under now lapsed Prevention of Terrorism Act (POTA). Continue reading Thinking About Adam Ajmeris in Saffron Times

‘Orthodox of All Religions Unite’ – Who is Celebrating the Judgment on Section 377 !

Our India is a religious country whose overwhelming majority believes in religion and upholds traditions of the east. All religions emphasize on construction of a family through marital relation between men and women, on which depend not only the existence of human race and lasting peace and tranquillity in the society but it also establishes the respected and central position of woman in the society.

The Constitution of the country has rightly described homosexuality as a punishable offence. It is because homosexuality not only prevents evolution and progress of human race but also destroys family system and social relations. Moreover, it is a great danger to public health. Medical research has also found it as a basic reason for the spread of AIDS…

( Signatories : Maulana Syed Jalaluddin Umari – (Ameer (National President), Jamaat-e-Islami Hind, Maulana Mufti Mukarram Ahmed  – Shahi Imam, Fatehpuri Masjid, Jagat Guru Swami Omkar Anand- Sanatan Dharm, Gyani Ranjit Singh-Chief Priest, Bangla Saheb, Fr. Dominic Emmanuel, Lokesh Muni- Jain Dharm,  http://jamaateislamihind.org/eng/joint-statement-of-religious-leaders-on-supreme-court-order-on-article-377/

The recent judgment by the Supreme Court which has recriminalised homosexuality might have baffled a broad section of peace and justice loving people but it has definitely emboldened many a self proclaimed leaders of religion and purveyors of morality who today feel vindicated. For them it is a moment of celebration. Continue reading ‘Orthodox of All Religions Unite’ – Who is Celebrating the Judgment on Section 377 !

Homophobia and Islamobphobia – The Jamaat e Islami Hind and the Supreme Court’s Decision on Section 377: Fahad Hashmi

Guest Post by Fahad Hashmi

[ Yesterday, the Supreme Court of India, dismissed the ‘review petition’ that had been filed with a plea to reverse the Supreme Court’s recent (December 2013) decision to uphold the constitutionality of Section 377 of the IPC. This decision effectively ‘re-criminalized’ Homosexuality in India and is a severe blow to human rights. Various religious groups, Hindu, Muslim and Christian had appealed to the Supreme Court to act against the rights and interests of homosexuals. In a sad instance of the erosion of  secular and democratic values, the Supreme Court has endorsed their view. The Jamaat -e-Islami Hind, a right wing, muslim fundamentalist organization that claims to speak for Indian Muslims has welcomed the Supreme Court’s decision. This post by Fahad Hashmi attacks the Jamaat-e-Islami Hind’s position on homosexuality and challenges its claim to speak in the name of muslims and their faith. We see it as an important contribution to the ongoing discussion on section 377 on Kafila ]

“There was once…a sad city, the saddest of cities, a city so ruinously sad that it had forgotten its name.
In the north of the sad city stood mighty factories in which (so I’m told) sadness was actually manufactured, packaged and sent all over the world, which never seemed to get enough of it. Black smoke poured out of the chimneys of the sadness factories and hung over the city like bad news”.
(Haroun and Sea of Stories, Salman Rushdie)

It is one of the ironies of democracies across the world that minorities of all shades are always in the crosshairs of majoritarianism. This minority-majority is a function of numbers and power though this is not a thorough definition since we have had seen altered power equation of this binary. The apartheid South Africa is a case in point. For stating the obvious the strength of a democracy is a function of safety and rights that minorities enjoy in it. However, minorities on the whole are always drawing majority’s fire. On the subcontinent one could see this happening in Pakistan, Bangladesh, Sri Lanka, and of course India is not an exception.

Continue reading Homophobia and Islamobphobia – The Jamaat e Islami Hind and the Supreme Court’s Decision on Section 377: Fahad Hashmi