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Mind the legal gap -Upendra Baxi

-The Indian Express The Justice Ganguly case shows up some lacunae. For one, the sexual harassment act will have to be changed to extend to unpaid interns. There is immense pressure from women activists, the media and some political parties for retired Supreme Court justice, A.K. Ganguly, to resign as the chairperson of the West Bengal Human Rights Commission for allegedly harassing a young intern. The courage of the young intern in...

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Ending ‘VIP culture’ in public governance-TS Krishnamurthy

-The Hindu     The political executive and the permanent executive should realise they are public servants first and work in harmony to achieve the constitutional objectives There is a need to arrest the ‘laal batti' [red beacon] culture in public governance. The Supreme Court of India has been delivering a variety of judgments on matters of public governance, and these have been the subject of debate and discussion. Some of these related to...

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The wrongness of deference-Arghya Sengupta

-The Hindu In upholding the constitutionality of Section 377 of the IPC the Supreme Court has made a judgment that is value-laden, based on a particular worldview that many disagree with The Supreme Court, in its judgment in Suresh Kumar Koushal and another v. NAZ Foundation and others (Civil Appeal No. 10972 of 2013) upholding the constitutionality of Section 377 of the Indian Penal Code, has been widely perceived to have espoused...

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The Unbearable Wrongness Of Koushal vs Naz Foundation -Gautam Bhatia

-Outlook Today's Supreme Court judgment that reverses the Delhi High Court judgment of 2009 is both constitutionally preposterous and morally egregious "If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of ‘inclusiveness'. This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations... Where society can display inclusiveness...

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Understanding Article 370 -Amitabh Mattoo

-The Hindu Article 370 was and is about providing space, in matters of governance, to the people of a State who felt deeply vulnerable about their identity and insecure about the future. At the Bharatiya Janata Party's recent Lalkar rally in Jammu, its prime ministerial candidate, Narendra Modi, called for a debate on Article 370. This is encouraging and suggests that the BJP may be willing to review its absolutist stance on...

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