Law for the unorganised sector

A Bill has been proposed to provide certain benefits and safeguards to those working in the unorganised sector, most of whom are women.

ARC recommendations on Law and Order

The Second Administrative Reforms Commission has made several recommendations on law and order, including the repeal of the draconian Armed Forces (Special Powers) Act, requiring a mandatory and immediate investigation of every encounter killing, and also the creation of a seperate investigative authority insulated from political control. It, however, also recommends that confessions made to a police officer be admissible if it is video-taped, which has the possibility of jeopardising civil liberties.
An earlier report by the Commission dealt with ethics in governance.

Poor quality of higher education

The National Assessment and Accreditation Council has reported that most of the higher education institutions in the country are of very poor quality. The report is available on its website.

AP restricts propagation of religion

The Andhra Pradesh government has prohibited the propagation of a religion near a place of worship of another religion through an Ordinance. It is interesting to note that the Constitution of India under Article 25 grants the right not only to profess and practice but also 'propagate' a religion.

Challenge to sanction requirement in corruption cases

A Public Interest Litigation petition has challenged the requirement of prior political sanction in the prosecution of corruption cases under the Prevention of Corruption Act, claiming that it violates Article 14 of the Constitution.

Foreign universities Bill

The government has prepared a Bill to outline the conditions under which foreign universities will be allowed to set shop in India - one of them includes non-repatriation of earnings in India.

RTI shames CM

The Andhra Pradesh Chief Ministed had indeed given his consent to a Government Order detrimental to free speech, which he had claimed to be ignorant of. This was revealed in the file notings obtained through an RTI application.

Affirmative Action for the disabled

Further provisions of affirmative action in state employment have been made for the physically disabled.

Constitutional Amendment to define 'minority'

The government is proposing a Constitutional Amendment Bill to ensure that a 'minority' at the level of each state rather than at the national level. This is not really changing the law but merely writing into the Constitution what was already the import of a Supreme Court judgment in 2005.

Hate Speech

V Venkatesan discusses the hate speech provision, s. 295A of the IPC and its evolution. In requiring 'deliberate and malicious intention', the bar was sought to be set high. But, as recent events demonstrate, does this provision increase rather than decrease religious strife?

Social Security for the unorganised sector

The cabinet has cleared for the consideration of the Parliament a Bill to provide social security to workers in the unorganised sector, with massive governmental investment. However, stakeholders have criticised the Bill for being a mere statement of intent, without any provision for entitlement - it just envisages a commission which will recommend policy.

Baroda and free expression

The Baroda arrest has sparked a debate on the value of freedom of expression and the place of art in society. Pratap Bhanu Mehta explains that the entire point of having a freedom of expression is to protect speech that might offend - this should not be restricted to 'art' alone. Amit Chaudhury explains the art-work in question and why it should be protected.
Arun Jaitley, on the other hand, argues for punishing blasphemy.

Caste-religion link challenged

The Justice Mishra Committee for Religious and Linguistic Minorities has demanded that caste-based reservations must be delinked from and made available to people from all religions.

The Kiss controversy - SC stays proceedings

The Supreme Court has stayed the proceedings launched against Shilpa Shetty in various courts on the kissing incident. It is high time the moral brigade stopped using the legal process for harrassing artists.

Karnataka ban on women to be repealed

Karnataka has announced that it will repeal the provision banning female workings from working night-shifts.

Registration of marriages

The Bengal government has finally moved to implement a Supreme Court directive making registration of marriages compulsory - but with a fine of Rs. 25/- for non-compliance, the move is not expected to achieve much.

Corruption law changes being considered

The government is considering changes to the Prevention of Corruption Act. One of the proposals includes constituting a separate authority to grant permission for prosecution of elected representatives. Currently the power is excercised by the government of the day.

High Court reverses book ban

The Bombay High Court has set aside the Maharashtra government order banning James Laine's book on Shivaji. The full text of the order can be found here.

Moral police out and about

Moral policing of artistic expression has grown nasty again. First, a Catholic Church run mass communications college in Kottayam expelled five students for making a film on homosexuality. Then, in Vadodara, two students were arrested by the police on charges of obscenity at the instigation of a local BJP leader for painting Hindu deities in nude. A protest organised by fellow students to showcase the erotic in Hindu culture came under attack. The Dean of the Arts Faculty, who stood by the right of the students to self-expression, was suspended by the University!

The provisions of the IPC which allow draconian powers to the police to stifle speech are these:
Section 153A: Promoting enmity between different groups on grounds of
religion, race etc, commiting acts prejudicial to the harmony of the public

According to the section whoever by words or expression promotes enmity
between different groups of the country on the grounds of religion,
race, place of birth, residence, language, or any such grounds or
commits an act which is prejudicial to the harmony of he public is
culpable under the section with imprisonment which may extend to three
years with or without fine. Further, when the offence is committed on
any religious place or any place worship the imprisonment can extend to
5 years with or without fine. The offence is non-bailable and even
cognizable (after 1898) ie. Police can arrest a person under the section
without warrant.

Section 295: Injuring or defiling place of worship with intent to insult
the religion of any class

Whoever destroys, damages or defiles any place of worship, or any object
held sacred by any class of persons with the intention of thereby
insulting the religion of any class of persons or with the knowledge
that any class of persons is likely to consider such destruction, damage
or defilement as a insult to their religion, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.

Section 295A: Deliberate and malicious acts intended to outrage
religious feelings

Deliberate and malicious acts, intended to outrage religious feelings or
any class by insulting its religion or religious beliefs 295A.
Deliberate and malicious acts, intended to outrage religious feelings or
any class by insulting its religion or religious beliefs.

Whoever, with deliberate and malicious intention of outraging the
religious feelings of any class of citizens of India, by words, either
spoken or written, or by signs or by visible representations or
otherwise, insults or attempts to insult the religion or the religious
beliefs of that class, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or
with both.

Section 114 is about abetment and presence when any crime is being
committed.

Karnataka considers amending ban on women workers

Karnataka is considering an amendment to the law banning women from working at night shifts - however, it is not clear whether the proposed amendment will do away with the ban or not.

Karnataka prohibits employing women for night shifts

In a clear case of discrimination agaisnt women in the garb of protecting them, the Karnataka legislature has passed a law prohibiting employers from employing women for night shifts.

Senior Citizens Bill criticised

The Maintenance and Welfare of Parents and Senior Citizens Bill, 2007, is criticised for the complete lack of any social security provision.

Narco-analysis - legal and scientific issues

Sriram Lakshman says that narco-analysis, being increasingly relied upon by courts to ascertain the 'truth' is scientifically questionable and does not respect the rights of the accused. B.M. Mohan, in reply, asserts that the science involved in the method is solid.

Hussain's harrassment

This editorial laments the use of the criminal process to harrass M.F. Hussain. The latest order from the Haridwar court to attach his property has, however, been stayed by the Supreme Court.

Religious subsidies allowed for this year

The Supreme Court has allowed subsidies for Mansarovan and Haj yatras for this year, while requesting the Allahabad High Court to dispose of the matter quickly. The High Court stayed the subsidies on the ground that they discriminate on the ground of religion.

Land Acquisition Amendment Bill

The govt is considering a new Land Acquisition (Amendment) Bill that will expand the definition of 'public purpose' for which land may be acquired.

Demand for bipartisan EC selection

The Chief Election Commissioner has demanded an NHRC-model bipartisan selection process for the members of the Election Commission.

Book ban to uphold public order ok - SC

The Supreme Court has reiterated that a government can validly ban a book to preserve public order.

Court refuses to entertain anti-Modi petition

A Gujarat High Court judge refused to hear a petition filed by Ehsan Jafri's widow to file an FIR against Narendra Modi, without giving any reasons.

Fake encounters

The admission by Gujarat that its police force killed a couple in cold blood in a staged encounter is chilling. This only confirms what is generally known about the Indian police and was detailed in a US government report early this year on the lax enforcement of human rights standards in the country. At least the incident has brought the matter in the lime-light. Now Punjab has ordered an inquiry into the extra-judicial killings during the days of terrorism in Punjab.

37% women face domestic violence

37% of Indian women are victims of domestic violence.

Rights of Parents

The Cabinet has approved of a Bill to oblige children to take care of their parents.

Temples under RTI

Temples in Goa will be covered by the Right to Information Act.

Diversity index

A Ministry of Human Resources Committee has recommended that the University Grants Commission must evolve a diversity index and tie grants to universities depending on their ranking on this index.

Scrap SEZ Act

Several civil society groups have demanded a repeal of the Special Economic Zones Act on the ground that it violates the right to livelihood.

Law mulled to ban ragging

The Raghavan Committee is mulling a uniform law to ban ragging in educational institutions. The committee, formed under directions from the Supreme Court, is still to finalise its recommendations.

SC clarifies anti-defection law

The Supreme Court disqualified the defected MLAs in the UP legislature in a judgment clarifying the application of the anti-defection law.

SLP jurisdiction limited

The SC has clarified that its Special Leave Jurisdiction under Article 136 is discretionary and is available in very limited cases.

Periyar party promotes 'love-marriages'

In contrast to the annual vandalism organised by the VHP, the PDK has decided to celebrate Valentine's Day by honouring inter-caste couples.

Another honour killing

A couple was chopped to pieces because the caste panchayat did not approve of their relationship.

Sharia Bill

The Jammu and Kashmir legislature has passed a Bill enforcing sharia law in the state in civil matters.

Administrative Reforms Commission Report

The Administrative Reforms Commission has recommended the creation of a Rashtriya Lok Ayukta to ensure accountability in government. It has also recommended a law to protect whistle blowers.

Police Reforms - States up in arms

This article criticises the negative response of most state governments to the progressive measures of police reforms ordered by the Supreme Court. Meanwhile, the Union government is planning to bring a model Police Act in the next Parliamentary Session, which will be applicable only to Union Territories.

SC judge wants contempt power clipped

Justice Katju of the Supreme Court wants the power of the court to punish for its contempt to be limited to extreme cases where the functioning of the court would become impossible.

Social Security Bill

The government appears to be moving on a legislation to provide social security benefits to workers in the unorganised sector.