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

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PUDR Issues Statement Against 'Supreme Injustice' in Sexual Harassment Case Against CJI Ranjan Gogoi

"Today these are the rights of a working woman, but they set a precedent for the decimation of fundamental rights of all citizens and not just those who are already disadvantaged."

Aziz Ansari, Mohammad Farooqui and the Dangerous Myth of a ‘Right' Way To Resist

Despite new robust legislation in place to protect women's rights, courts of law, in rape trials, still tend to lay emphasis on what the man presumed rather than what the woman communicated, and are over-willing to accept the man’s presumptions, however unreasonable they may be.

Supreme Court of India Needs Transparency to Ensure Judiciary's Credibility

The author traces the history of the question of judicial accountability through important judgments and argues for a transparent system within the judiciary itself to deal with cases of judicial misconduct.

Sustainable Development as Environmental Justice

The principle of sustainable development has evolved to occupy centrality in environmental jurisprudence in India. The Supreme Court has reiterated its importance in the country's environmental legal regime. However, the jurisprudence has been criticised for framing it as a zero sum game where economic development has been repeatedly used as a justification to trump environmental violations, and therefore, rendering it as only declaratory and lacking in content and sufficient teeth to shape public action. But this has compelled policy and statutory recognition of the principle of sustainable development. The National Green Tribunal Act of 2010 recognises it too. This statutory recognition has paved the way for a robust jurisprudence spearheaded by the NGT that has actively sought to evolve a standard of review for public actions in effectuating the principle of sustainable development and in doing so has departed from the reductionist utilitarianism that had characterised the jurisprudence of Supreme Court.

Classification of Goods for Taxation

Defining goods is imperative for the purpose of imposing tax at the correct rate since there are different rates of taxes and there are also exemptions. To ward off controversies, statutory definitions have been introduced in many cases. They are binding even if they are artificial in nature. In fact they have to be artificial in many cases because of the very nature of the goods that are sought to be defined. It is advisable to introduce more statutory definitions in the tariff to minimise controversies in regard to classification of goods.

Karnataka: Kudremukh: Of Mining and Environment

With the recent Supreme Court verdict on Kudremukh Iron Ore Company, the associated discussions on mining by KIOCL are coming to a close. However, the environmental movement it spawned has several other issues to address, and importantly, the task of creating space for a larger debate from within.

Transgressing Boundaries of Gender and Identity

Just as the stories of black women in the US, caught up in the whirlwind of lynchings and gendered genealogy of racist violence have been hidden from history, will also the narratives of women, caught in the midst of communal violence get erased? To avoid this eventuality feminism would have to be recast within the complex intersectionality of gender and identity.

Cauvery, Courts and Some Larger Questions

As the long-standing Cauvery dispute shows, frequent resort to court mediation reflects a growing politicisation that relies more on judicial orders to redress grievances rather than taking recourse to forums especially established for bilateral discussions and negotiations. While the courts hold out the prospect for a speedier resolution, forums established for participatory discussions lack the necessary framework to be meaningful - a gap, which the draft national policy guidelines for water allocation tried unsuccessfully to fill.

The Season of Unreason

The abandonment of reason appears to be part of the nation's drive towards 'modernisation'. All dissent is dismissed as 'anti-national' or 'pseudo-secular'. Democracy is not to be governed any more by the scientific temper that provides work for the idle and food for the hungry but by the technology that puts missiles into orbit and resources into export.

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