28-Dec-2017
मार्च 1994, में आया एस आर बोम्मई बनाम भारतीय संघ का फैसला न सिर्फ भारतीय संघवाद का समर्थन करता है बल्कि राजनीति में धर्म की बढ़ती दखल पर भी तीखे सवाल उठाते हुए भारतीय धर्मनिरपेक्षता की रक्षा करता है. बोम्मई का निष्पक्ष संघ बनाये रखने का वादा, अदालत का धर्मनिरपेक्षता स्थापित रखने का निर्णय जो…
26-Dec-2017
The hyper nationalism of Indian society is a façade to blind different views and mute different voices. It is now becoming strikingly important for one to pledge allegiance to the motherland and its institutions to be granted his/her rights. The construction of the words “enemy”, “threat” , “terror” are all employed to destroy people who…
26-Dec-2017
The Indian Constitution grants every citizen the freedom ‘to practice and propagate his/her faith.’ (Article 25) Yet several states, currently ruled by the supremacist Bharatiya Janata Party (BJP) have in place laws enacted to ostensibly stop ‘forcible conversions.’ This when conversion, by extension of Article 25 remains a fundamental right, at least on paper. Arguably,…
21-Dec-2017
This table compares the provisions in the Transgender Persons [Protection of Rights] Bill 2016 that will reportedly be tabled in the winter session of the Indian Parliament against the criticisms made by trans*, gender variant, and intersex groups, and the demands for revisions required to protect our rights. This was originally published on Sampoorna India Blog PROVISION…
20-Dec-2017
This article, published in Sabrang India is being reproduced here today, the day Justice Karnan has been released after serving a six month jail term in Kolkata. The Supreme Court first delivered the judgement dishing our serious contempt of court charges against a fellow judge in May 2017. This judgement may be read here. Before that,…
20-Dec-2017
The SR Bommai vs Union of India, March 1994 judgement heralded for its endorsement of Indian federalism, is also a sharp and biting commentary on inroads of religion into politics and safeguards Indian secularism. Bommai‘s promise of fair federal play, the judgment’s mandate for secularism, and for action against parties and State governments violating the constitutional…
20-Dec-2017
After hearing the contentious Aadhaar case on December 14, 2017, a five member Constitution Bench has extended the hearings to January 11, 2018. The final hearings in the matter will commence then. Aadhaar-Linking Of Bank Accounts, Mobiles Phones Extended To March 31. But following the re-iteration in the Order passed yesterday, no Institutions (Centre/State/Private) can force…
01-Dec-2017
Out of the miseries of the Gujarat carnage of 2002, thanks to the courage of the survivors and the tenacious work of the CJP core legal team, has emerged path-breaking jurisprudence on state accountability, victimology and witness protection. Thirteen years after the Supreme Court (SC) delivered the famed Best Bakery verdict, this judgement remains among…
01-Dec-2017
The 2002 communal riots not only drove Muslims into new ghettos all over the state, they also reduced them to the status of second-class citizens who do not seem to exist for the government. This is the finding of a city-based NGO, Janvikas, which conducted a survey on the status of the minority community in the state after the…
01-Dec-2017
The term “Hindu” has been defined in the Constitution under Article 25(2)(b) Explanation II as “Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly” and the various codified Hindu Laws such as The Hindu Marriage Act, 1955 (HMA),…