Tuesday, May 15, 2007
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.
Monday, May 14, 2007
Karnataka ban on women to be repealed
Karnataka has announced that it will repeal the provision banning female workings from working night-shifts.
Labels:
discrimination,
employment law,
women's rights
Sunday, May 13, 2007
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.
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.
Saturday, May 12, 2007
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.
Labels:
discrimination,
employment law,
women's rights
Wednesday, May 09, 2007
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.
Labels:
discrimination,
employment law,
women's rights
Tuesday, May 08, 2007
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.
Labels:
civil liberties,
criminal law,
judiciary,
police reforms
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.
Labels:
free speech,
harrassment,
judiciary,
moral policing
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.
Sunday, May 06, 2007
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.
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