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Category: Analysis

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Even those accused of heinous crimes get a hearing. Why then wasn’t former CBI Director Alok Verma granted one?

LET’S begin with an aside. Saturday, January 12, was quite an active day on Facebook (FB) for me. I had anticipated it – due to my regular column in a leading daily. This time, it was on the constitutionality of Prime Minister Narendra Modi’s brand new economic reservation. My column features my photograph. Facebook notifies…
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Sabarimala: Not adhering to the Supreme Court judgment is flouting one of the constitutionally strongest verdicts of our times

IN his book titled, Politics Women and Well-Being: How Kerala Became ‘A Model’ , Professor Robin Jeffrey praises a politically active population, in which women have some degree of autonomy for the best quality-of-life figures in India. Kerala has the high literacy levels, low infant mortality rate, high life expectancy, highest human development index and a…
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The Right to Truth and the struggle against State impunity

SOMETIMES, indeed, you could put your finger on a definite lie. It was not true, for example, as was claimed in the Party history books, that the Party had invented aeroplanes. He remembered aeroplanes since his earliest childhood. But you could prove nothing. There was never any evidence.”  ~ 1984, George Orwell On November 12,…
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Why Parliament passing 10% quota Bill against ‘economic backwardness’ defeats the constitutional mandate of reservation

Both the Houses of Parliament have passed the current Minster of Social Justice and Empowerment, Dr Thaawarchand Gehlot’s Bill titled ‘the Constitution (One Hundred and Twenty Fourth Amendment) Bill, 2019’. The Bill sought to amend Articles 15 and 16 of the Constitution to provide a maximum of 10% reservation in public employment and higher educational…
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Draft Patent Amendment Rules, 2018: Comments by Lawyers Collective and Medecins Sans Frontieres — Access Campaign

Expedited Examination of International Applications and Pre-Grant Opposition Procedure   Lawyers Collective is an organisation that has been, through the years, leading interventions for structural reforms in a range of areas including health and HIV, labour rights, women‘s equality and civil liberties in India. Similarly, Medecins Sans Frontieres—Access Campaign pushes for access to and the…
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Supreme Court verdict in Alok Verma case does not put embargo on the CBI Director to register any preliminary enquiry

A three-judge bench of the Supreme Court comprising Chief Justice of India (CJI) Ranjan Gogoi, Justices Sanjay Kishan Kaul and K M Joseph on Tuesday, January 8, 2019, restored all the powers and functions of Alok Kumar Verma which he had held by virtue of being the CBI Director. The Court has, at the same…
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Misuse of the #MeToo movement and its implications for the idea of agency of women

Any system that works on generalisations is bound to suffer from severe limitations in doing justice in individual cases. The #MeToo movement is no different. I have written earlier about how the #MeToo movement by operating entirely outside the legal justice system is failing to cause any evolution of the mechanisms of justice delivery. Now…
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India doesn’t have enough legal safeguards to protect expression of healthy criticism, but a recent Kerala High Court judgment might go a long way to change that

IF at all there is a trend in the Indian political scenario since 2014 which can be called consistent, it is the suppression of dissent. Governments have been treading every possible route to quell dissent, from within and outside their systems, and this led political pundits to argue that the democratic fabric of India is in…
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Best fiction writing in 2018: Award goes to the Supreme Court’s Rafale judgement

SINCE December 14, 2018, enough has been written on the now infamous Rafale judgement. Still, looking at it once again before the Supreme Court reopens after winter holidays is not a bad idea. On many occasions, the judgement gives a feel that the bench considered the petitions of only M L Sharma and Vineet Dhanda,…
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Supreme Court’s Rafale judgment is contrary to international judicial precedents showing claims of ‘secrecy’ are hollow

The decision of the Modi Government to buy 36 Rafale fighter jets from Dassault Aviation, a French company, was upheld by the Supreme Court recently. The judgment says in para 25 that the pricing details were already “shared with the Comptroller and Auditor General (CAG) and the report has been examined by the Public Accounts…
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