Assam

Citizenship cannot be seen as existing outside the larger concerns of humanity.

The imminent withdrawal of the Citizenship (Amendment) Bill, 2016 by the union government in the face of strong protests by the residents of the north-eastern states is hardly a victory for constitutional principles or morality. It leaves “illegal migrants” in a continued limbo and heightens ethnic tensions in the North East. It also shifts the focus to the Supreme Court, which has taken upon itself the extremely delicate task of overseeing the preparation of the National Register of Citizens in Assam.

The verdict of the Gauhati High Court in favour of political activist Akhil Gogoi reiterated the need to ascertain the constitutional validity for preventive detention, irrespective of the circumstances and pretexts of the detention. The judgment also called for an inquiry into the serious procedural shortcomings that led to the preventive detention order against Gogoi, as well as the “laxity and casualness” of the state in exercising power under the National Security Act, 1980.

The triple talaq judgment of the Supreme Court is a partial victory for Muslim women since it declares instantaneous triple talaq as unlawful, but not unilateral triple talaq. Even in the case of the former, it does not declare instantaneous triple talaq as unconstitutional but only unlawful and that is a significant difference. Indian courts, even in respect of legislated laws, have not been very encouraging when it comes to personal laws being challenged on the grounds of discrimination and dignity of women.