ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Free Speech - Hate Speech: The Taslima Nasreen Case

The Taslima Nasreen case - which concerns the right to freedom of speech in conflict with the right of faith communities to dignity, along with issues related to women's rights - is not being treated by the media with the nuanced sensitivity that it deserves. Public discourse continues to be in the grip of communal-secular/liberal-fundamentalist labels, especially when dealing with Muslim social and ethno-religious issues.

Indian Civil Society and Pakistan

Human rights and peace activists in India must do some heart-searching to ask if by failing to make any significant moves during the last four years towards evolving a workable phased compromise formula to resolve the dispute over Jammu and Kashmir, Indian civil society, no less than the government...

Course of the Law on Riots and Terror: Tyranny of Labels

Given that people are now ready to see how the denial of justice to victims in periodic communal violence, especially since the 1980s, has provided a fertile ground for home-grown terrorism, a fresh perspective on the administration of justice that motivates civil society to mobilise for reform of the judiciary and the police is overdue. Muslims should no longer be made to feel that they are up not only against the police but also the judiciary.

Unequal Compensation to Victims

Letters Unequal Compensation to Victims W hile condemning terrorism in absolute terms, the tendency to treat Muslims as the only people who could be perpetrators of all terrorist acts must be deplored. Not only sections of the media but most often personnel of the investigating and other law-...

Jammu and Kashmir: Framework for a 'Final Settlement'

The peace process between India and Pakistan has gathered a momentum of its own, and efforts to set it off-track as seen in the recent train blasts in Mumbai must be guarded against. However, there are also fears that the process could become an end in itself even as underlying suspicions and tensions remain to be addressed. A joint council, as this article proposes, comprising members of both countries, needs to urgently negotiate, debate and oversee matters of mutual contention so as to facilitate a permanent peaceful solution to the Kashmir issue.

Distorting the Reality of Distorting the Reality of

In response to a writ petition challenging the constitutionality of the new policy of reserving 50 per cent of seats for Muslim applicants, the Supreme Court held that the Aligarh Muslim University was not a minority institution and could not reserve seats for Muslims. However, the judgment ignored the reason for the change in the university's admission policy, from the erstwhile reservation based on classification of candidates into 'internal' and 'external' applicants, to a scheme of reservation based on the all India merit of Muslim and non-Muslim students. A review of the judgment requires judicial statesmanship by a bench that is aware of the history of the AMU's role in the modernisation of Indian Muslims and of the worldwide concern for adequate protection of minority rights.

Law on Mass Crimes and Victims' Rights

Given the state?s failure of governance in major communal riots, either due to partisan law enforcement or inefficiency, a central law under the provision of ?internal disturbance? in Article 355, holding the state government responsible for maintaining communal peace, is required. The state should be liable to dismissal under Article 356 if the rioting continues for, say, more than five days resulting in the loss of more than, say, 100 lives. There is also a strong case for a separate law on the protection and compensation for victims of crime and violence.

Minority Education Rights: Supreme Court Judgment

The recent Supreme Court judgment on the educational rights of minorities does not adequately reflect international trends for strengthening protection of minority rights. There is a need to rethink and reformulate minority rights, and enact a central law providing for multi-culturalism and pluralism along with interculturalism in all educational institutions, with the provision that minorities will have unfettered right to regulate their admission without resorting to exclusion of non-minorities.

Babri Masjid Dispute:Rule of Law and Building Confidence

The rifts created by the demolition of the Babri masjid and the subsequent riots still remain to be bridged. But for any healing to begin requires not merely the direct and impartial intervention of the concerned authorities, but also a sincere and concerted effort to inculcate among diverse communities, acceptance of their differences and to promote areas of integration.

Muslim Women s Rights-Goals and Strategy of Reform

Muslim Women's Rights Goals and Strategy of Reform Iqbal A Ansari The premise for a uniform civil code for all citizens of India is the obsessive desire for uniformity rather than social justice and protection of women's rights. Moreover, deriving its legitimacy as it does from a monolithic view of the nation state, a uniform civil code would repudiate the pluralist model of a liberal democratic state where cultural autonomy is ensured to all religious, ethnic and other groups in the country.
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