Human Rights Law in India

'Honour' Killings, Love Commandos and what Liberal-Secularists must do

2010-08-05T14:59:00.004+01:00

Lok Sabha discussed 'honour killings' yesterday, the Supreme Court convicted three 'honour killers' for murder, the Khaps demanded a ban on same-gotra marriage, further details of the legal changes being considered by the Group of Ministers to curb these killings emerged, and 'Love Commandos' have set up a helpline to protect victims of family honour. It has been a busy week!

Some of the GoM proposals raise familiar liberal dilemmas: while the liberal horror at these killings is evident, should we support reverse onus clauses for murder? (See also, this earlier post). Of course, not all proposals are questionable. Simplifying the procedure under the Special Marriage Act is perhaps of utmost importance.

But those of us who consider ourselves liberal and secular can act at a personal level too. If these 'Love Commandos' are a serious bunch, they can do with legal help. Let the lawyers and law students volunteer to provide help where we can and where it is needed. Second, we must choose the secular alternatives in family law, wherever available. The Special Marriage Act will stop being 'Special' and become the norm only when citizens use it extensively - even when they are marrying someone from the same community.

No more posts!

2008-03-14T14:56:00.000Z

I have stopped posting on this blog. Please visit Law and Other Things, where I continue to post on similar issues, along with some other people.

Law for the unorganised sector

2007-07-11T23:27:00.000+01:00

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

2007-06-25T23:00:00.000+01:00

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

2007-06-10T13:52:00.000+01:00

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

2007-06-09T19:03:00.000+01:00

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

2007-06-09T10:47:00.000+01:00

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

2007-05-30T23:29:00.000+01:00

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

2007-05-28T22:46:00.000+01:00

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

2007-05-28T10:16:00.000+01:00

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

Constitutional Amendment to define 'minority'

2007-05-28T10:12:00.000+01:00

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

2007-05-27T15:10:00.000+01:00

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

2007-05-24T23:36:00.000+01:00

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

2007-05-22T17:27:00.000+01:00

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

2007-05-22T16:45:00.000+01:00

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

2007-05-15T10:57:00.000+01:00

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

2007-05-14T14:50:00.000+01:00

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

Registration of marriages

2007-05-13T23:31:00.000+01:00

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

2007-05-13T23:21:00.000+01:00

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

2007-05-13T15:19:00.000+01:00

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

2007-05-13T14:48:00.000+01:00

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

2007-05-12T10:52:00.000+01:00

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

2007-05-09T16:20:00.000+01:00

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

2007-05-08T10:09:00.000+01:00

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

2007-05-08T10:01:00.000+01:00

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

2007-05-08T09:59:00.000+01:00

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

2007-05-08T09:39:00.000+01:00

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

2007-05-06T14:25:00.000+01:00

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

2007-05-06T14:20:00.000+01:00

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

2007-05-06T14:13:00.000+01:00

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

Court refuses to entertain anti-Modi petition

2007-05-03T16:36:00.000+01:00

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

2007-05-03T16:29:00.000+01:00

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

2007-05-03T16:26:00.000+01:00

37% of Indian women are victims of domestic violence.

Rights of Parents

2007-02-22T23:12:00.000Z

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

Temples under RTI

2007-02-22T23:10:00.000Z

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

Diversity index

2007-02-18T22:37:00.000Z

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

2007-02-16T21:21:00.000Z

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

2007-02-15T13:54:00.000Z

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

2007-02-15T13:42:00.000Z

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

2007-02-13T23:11:00.000Z

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'

2007-02-13T23:07:00.000Z

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

2007-02-13T09:24:00.000Z

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

Sharia Bill

2007-02-12T23:48:00.000Z

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

Administrative Reforms Commission Report

2007-02-12T23:42:00.000Z

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

2007-02-06T09:28:00.000Z

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

2007-01-21T20:10:00.000Z

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

2007-01-11T21:22:00.000Z

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

NCW prompts rethink of adultery law

2006-12-26T10:46:00.000Z

The National Commission for Women has recommended that adultery be seen as a civil wrong rather than a crime.

OBC reservation Bill passed

2006-12-15T14:45:00.000Z

A Bill providing for reservations for STs, STs and OBCs in educational institutions has been passed by the Lok Sabha.

Child Marriages law

2006-12-15T14:43:00.000Z

The Rajya Sabha has passed a Bill allowing child marriages to be declared void. Perhaps law should make similar provisions for adults forced into a marriage by their parents as well.

No prior approval for corruption charges

2006-12-12T23:08:00.000Z

The Supreme Court has narrowly interpreted the requirement of prior government approval for criminal prosecution of public servants to exclude corruption charges from such requirement.

SC dismisses obscenity PIL

2006-12-12T23:06:00.000Z

The Supreme Court dismissed a PIL seeking a ban on all obscene content in newspapers.

Nyaya Panchayats

2006-12-12T23:04:00.000Z

The Government is planning to decentralise the justice system to the village - however, scepticism over the influence of caste and gender prejudices remain.

Domestic Violence Act free of loopholes

2006-12-04T10:20:00.000Z

This article argues that the DVA is a precise piece of legislation with few loopholes.

Maintenance and Welfare of Parents and Senior Citizens Bill

2006-12-02T20:50:00.000Z

The government's plan to introduce a Bill to provide for the maintenance of the elderly by their children has drawn flak.

Anti-discrimination Bill for PLWHIV-AIDS

2006-11-20T21:16:00.000Z

The government is planning to prohibit discrimination against people living with HIV/AIDS.

Court sets aside election of communal candidate

2006-11-09T21:35:00.000Z

The election of a candidate who appealed to communal sentiments in an election has been set aside.

Special Act in Manipur criticised

2006-10-15T13:23:00.000+01:00

The Armed Forces (Special Powers) Act which has been used to violate human rights in Manipur has been criticised for a long time, only to meet governmental indifference. The Jeevan Reddy Commission has recommended its repeal.

Judicial review of power of pardon

2006-10-15T12:49:00.000+01:00

In a far-reaching judgment, the Supreme Court has held that the exercise of the power of pardon is judicially reviewable.

POTA in new bottle

2006-10-15T11:11:00.000+01:00

The UPA government is considering passing a new anti-terror law which will give sweeping powers to the police.

SC orders clean-up of university elections

2006-09-23T00:19:00.000+01:00

The Supreme Court has ordered the reform of student elections.

Anti-conversion amendments in Gujarat

2006-09-22T16:21:00.000+01:00

The amendments to the Freedom of Religion Act in Gujarat have angered several religious groups.

SC orders police reforms

2006-09-22T16:15:00.000+01:00

The Supreme Court has ordered far-reaching police reforms that have implications for the entire criminal justice system. In so doing, it has also pre-empted the efforts of the Committee to Draft a new Police Act set up by the Ministry of Home Affairs.

Internal party democracy

2006-09-15T13:58:00.000+01:00

This piece argues for a law to ensure democracy within political parties.

Language discrimination

2006-09-15T13:57:00.000+01:00

Madhu Kishwar argues against discrimination against people without proficiency in English.

Incentive for inter-caste marriages

2006-09-14T11:08:00.000+01:00

The government is offering cash incentives for inter-caste marriages.

AP law to protect old parents and illegitimate children

2006-09-02T22:33:00.000+01:00

Andhra Pradesh has enacted special provisions to provide for the maintenance of old parents and of children born out of wedlock by their children and biological parents respectively.

Trial by media

2006-09-02T21:01:00.000+01:00

The Law Commission has recommended a law to gag the media to prevent 'trial by press' of those accused in a criminal trail, although the Law Minister has disagreed, saying free press usually helps uphold the rule of law.

Law Commission on witness protection

2006-08-31T21:59:00.000+01:00

The Law Commission has submitted a report on a witness protection programme.

Chhattisgarh Freedom of Religion Bill

2006-08-30T23:23:00.000+01:00

The Chhattisgarh Freedom of Religion Bill seeks to severely limit religious freedom.

Public Services Bill for bureaucratic reforms

2006-08-30T23:16:00.000+01:00

The Department of Personnel and Training has initiated a dialogue on bureaucratic reforms by drafting the Public Services Bill, 2006. Reforms have been welcomed, though some scepticism exists on their potential efficacy.

9th Schedule Power to be examined

2006-08-30T23:10:00.000+01:00

The Supreme Court is set to examine the extent of the Parliament's power to put a law under the 9th Schedule of the Constitution, and therefore beyond the purview of judicial review.

Sedition charges for abusing Modi

2006-08-30T23:07:00.000+01:00

A journalist has been slapped with sedition charges in Gujarat for using abusive words against Chief Minister Modi in an editorial column.

Haj subsidies stayed

2006-08-26T12:10:00.000+01:00

The Allahabad High Court has stayed government subsidies for Haj.

New action plan for asylums

2006-08-25T22:55:00.000+01:00

The NHRC has made a new action plan for inmates of mental asylums.

SC allows Patwardhan film

2006-08-25T22:51:00.000+01:00

Doordarshan's decision to not show Anand Patwardhan's 'Father, Son and Holy War' was set aside by the Supreme Court.

Bombay High Court moral policing

2006-08-24T21:57:00.000+01:00

The Bombay High Court has taken it upon itself to sanitise cable tv.

Amendments withdrawn, RTI still under attack

2006-08-24T21:53:00.000+01:00

After the government failed to carry the amendments to dilute the RTI Act, other ways are being employed to weaken the legislation.

Anti-superstitions Bill

2006-08-24T17:57:00.000+01:00

Maharashtra tries to pass a controversial Bill that targets superstitions, but critics say it is too broad and covers religion itself.

Consumer Protection to be enhanced

2006-08-19T22:19:00.000+01:00

A proposal to bring services within the purview of Consumer Protection Act.

RTI amendment dropped

2006-08-19T14:44:00.000+01:00

The government has dropped the controversial amendment that would have diluted the Right to Information Act that came under severe criticism. Arun Jaitley argues that the amendments would have been unconstitutional.

Ban on domestic child labour

2006-08-16T15:13:00.000+01:00

The government has announced a ban on the use of child labour in homes, hotels etc.

Communal Violence Bill stalled

2006-08-16T15:10:00.000+01:00

The Parliamentary Standing Committee has raised a number of objections to the Communal Violence Bill, stalling its passage in the present session.

Juvenile Justice Act amended

2006-08-16T15:01:00.000+01:00

The Parliament has amended the Juvenile Justice Act, allowing, among other things, the adoption of children by people of all religions and not just Hindus, as was the case earlier.

Broadcast Bill withdrawn

2006-08-16T14:45:00.000+01:00

The government has withdrawn the Broadcast Bill that would have curtailed free speech. It will now initiate dialogue with the media to address the concerns.

SC stays non-discrimination in temples Ordinance

2006-08-16T12:01:00.000+01:00

The Supreme Court has stayed a Tamil Nadu Ordinance providing for appointment of archakas in temples without any discrimination on the basis of caste, creed or race on a challenge that it violates the right to religion.

Health Ministry proposes AIDS Bill, repeal of s. 377

2006-08-16T11:42:00.000+01:00

The Union Health Ministry has proposed a new AIDS Bill and suggested the legalisation of male homosexual behaviour by amending section 377 of the IPC.

Shelving of Right to Education Bill criticised

2006-07-20T21:35:00.000+01:00

Activist groups have criticised the shelving of the Right to Education Bill on the ground of lack of resources.

NACO supports decriminalization of homosexuality

2006-07-20T14:18:00.000+01:00

National AIDS Control Organisation has told the Delhi High Court that it supports the repeal of section 377 of the Indian Penal Code.

Administrative reforms on anvil

2006-07-20T14:17:00.000+01:00

The proposed administrative reforms may loosen the politician-bureaucrat nexus and make the bureaucracy more accountable.

Gender-biased Army Act

2006-07-19T23:38:00.000+01:00

The Army, Navy and Air Force Acts prohibit women from serving in combat operations. This article calls upon the Parliament to amend these laws and make them gender neutral.

Blogs banned

2006-07-19T15:10:00.000+01:00

The latest government order censoring certain blogs has led to an outrage.

Parliamentary sanction for international treaties

2006-07-12T18:12:00.000+01:00

This article argues for democratic ratification of international treaties.

Adoption Bill

2006-07-12T18:09:00.000+01:00

A proposed law seeks to legalise the adoption of street children.

Protect inter-caste marriages

2006-07-08T00:21:00.000+01:00

The Supreme Court has directed the police administration to protect couples from different castes from violence they face from their families.

Proposed TV censors

2006-07-06T17:24:00.000+01:00

The government is proposing a law to empower it to censor content of satellite TV channels.

Plea-bargaining allowed

2006-07-05T10:02:00.000+01:00

Plea-bargaining has been allowed in criminal cases.

Creche in establishments

2006-07-02T19:48:00.000+01:00

Government is considering a Bill to require all establishments that employ women to have creches at the workplace. While the move is welcome, it might discourage smaller establishments from employing women, while at the same time re-enforcing the stereotype that taking care of children is the woman's job. A better idea would be to require it at any establishment where employees, male or female, demand it.

CrPC amendments come into force

2006-06-22T15:18:00.000+01:00

The amendments made to the Code of Criminal Procedure last year will come into force on the 23rd of June, 2006. This will see the release of thousands of undertrials languishing in prisons.

Ban on Da Vinci Code unconstitutional

2006-06-22T14:47:00.000+01:00

The Andhra Pradesh High Court has struck down the Andhra government's ban on the film 'Da Vinci Code' as violative of the constitutional right to freedom of speech.