-The Times of India NEW DELHI: Check the man's marital status before going in for a live-in partnership was the loud signal from the Supreme Court which ruled that Domestic Violence Act could not be invoked by a woman in a live-in relationship with a married man, especially if she knew his marital status. A relationship between a woman and a married man could not be termed a 'relationship in the nature...
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The EU flexes its muscles on caste-Arvind Sivaramakrishnan
-The Hindu The practices concerned are most widespread in South Asia and in South Asian diasporas. The European Parliament's recent resolution circumvents India's contention that caste oppression does not constitute racial discrimination. On October 10, the 766 members of the European Parliament, who represent just over half-a-billion people in 28-member-states, passed a historic resolution recognising caste-based discrimination and discrimination based on work and descent as a violation of human rights and an...
More »Atrocities that no longer shock-Kalpana Kannabiran
-The Hindu While the Delhi rape incident saw mass protests for justice, crimes against Dalits hardly evoke such outrage, which is why the killers in the Laxmanpur-Bathe massacre have got away The response by the state to the 2012 Delhi gang rape case was immediate and effective - a commission to review legislative protections and recommend amendments, and a new enactment. The judiciary responded similarly - death penalty for the accused and...
More »Why capital punishment must go-Satyabrata Pal
-The Hindu When a death sentence is given to satisfy the "collective conscience of the community," it raises troubling questions about the fairness of the trial The verdict of death for the bestial gang rape in Delhi last December is based on Supreme Court judgments, which stipulate that capital punishment will be imposed in "the rarest of rare" cases, where the community's "collective conscience is so shocked that it will expect the...
More »Measure for unconstitutional measure-K Parasaran
-The Hindu The ordinance seeking to amend the Representation of the People Act interferes with the exercise of judicial power Bill LXII of 2013, namely, The Representation of the People (Second Amendment and Validation) Bill, 2013 is pending before Parliament. I examine here whether the Bill, when passed as an Act or its provisions promulgated as an Ordinance, will be unconstitutional or not. Declared principle The constitutional principle applicable in a situation analogous to...
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