Tag Archives: Supreme Court

Justice will prevail

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

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

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.

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

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

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

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

Clamping down on the dissenting voice

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

Perils of Arbitrariness – MSS Pandian

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