ISSN (Online) - 2349-8846

ColumnsSubscribe to Columns

Are People Losing Faith inthe Courts?

Contrary to popular belief, there is no litigation explosion. The data from the courts themselves suggests that fewer civil cases are being filed while criminal cases have been steadily increasing. This suggests that litigants are approaching the courts in fewer numbers, and may be resortingto other methods to resolve disputes. It may also be possible that the increase in criminal litigation could be attributed to the use of criminal law to resolve civil disputes.

Party with a Difference?

From adopting winnability as the core principle of nominating candidates to removing political appointees of the previous government, and in dealing with governments of opposition parties, the behaviour of the Bharatiya Janata Party has been so much like the Congress that the latter would rejoice in the assurance that there is no mukti from its ways and manners. The crucial difference between the BJP and other parties is that it is able to instil a sense of destiny not just among its rank and file but also the general public and convince it that the party is doing desh seva while others have been doing only politics.

Injustice Unlimited

The verdicts in the Swami Aseemanand and G N Saibaba cases expose the roguery of the Indian state. The former was let off despite clear and close links with saffron terror and mass murder, while the latter was sentenced to life imprisonment for being sympathetic to a people’s resistance to state oppression. While such fascistisation is visible across the globe, in India, it finds resonance with the hegemonic, ruling-class ideology of Brahminism, which the current regime seeks to uphold.

‘Right to be Forgotten’ in Indian Law

courts have yet not recognised the “right to be forgotten” under Indian law. However, there are good reasons to have one’s name dissociated from public records in the interests of privacy and similar concerns, as has been done in the context of victims of sexual assault. It is not an overarching right that should necessarily be available to all irrespective of context. In the absence of any privacy legislation, it is more likely to be a judicially developed remedy in specifi c cases.

Robbing Rohith of His Dalitness

The basic question that the Rohith Vemula case raises is about the existence of the rule of law in India. If his mother Radhika Vemula was rich, there would have been no issue about Rohith’s caste and all people named in the FIR for abetting his suicide would have been in jail. But her fault is that she lived off the pittance that Rohith sent her from his paltry fellowship!

Corrosive Impact of Army’s Commitment in Kashmir

The army has had an extended deployment in Kashmir. While it has enabled operational experience for its members, there is a danger that the advantages of this can make the army acquire a stake in the disturbed conditions. This makes the army part of the problem in Kashmir. Its deployment is not without a price in regard to the internal good health of the army. 

Big Data, Bigger Lies

The claim that the government will use big data analytics to trace those who illegitimately deposited old currency notes, is just another instance of using lies to score political points. Notwithstanding this hollow posturing, the way this government is talking about the power of big data and its uses, only confirms the worst fears of the misuse of Aadhaar and other public data entrusted to the state.

India’s Opposition to China–Pakistan Economic Corridor Is Flawed

China is opening up its land borders in Xinjiang to interact more freely with Central Asia and Europe. China and Pakistan are jointly building the China–Pakistan Economic Corridor, which passes through Pakistan-occupied Kashmir. India views this as a violation of its sovereignty. Geopolitics rather than geoeconomics predominates India’s thinking on possibilities offered by the revival of the old Silk Road by the Chinese.

Surrogacy and the Laws on Maternity Benefits

Five high courts across India have uniformly held that women employees who have children through surrogacy would be entitled to maternity benefits in accordance with the rules. How they have arrived at this conclusion is quite different in each case, and each judgment presents different approaches to address this legal question. Beyond the legal question, the approaches must also be closely examined for class biases and paternalistic assumptions about motherhood.

Pages

Back to Top