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Some provisions of Prevention of Atrocities Act discriminatory: Judge by Jiby Kattakayam

Mirchpur Dalit naib tehsildar can't be prosecuted due to his caste Drawing upon a couple of instances in the Mirchpur caste violence trial in which the Judge was constrained by two sub-sections of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, to sentence three convicted Jat men to life imprisonment offering no judicial discretion for a lighter sentence, and the neglect of duties by a Dalit naib tehsildar of Mirchpur...

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Clear confusion by V Venkatesan

Some of the recent cases in the higher courts bring into sharp focus the dilemmas on the death penalty. ON October 10, the Supreme Court Bench of Justices Aftab Alam and C.K. Prasad stayed the execution of Ajmal Kasab, the lone surviving assailant in the November 2008 Mumbai terror attack, by admitting his appeal against the death sentence awarded to him by the Bombay High Court. The Bench wondered whether Kasab deserved...

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Reckless activism by AG Noorani

Comptroller and Auditor General Vinod Rai in his address to recruits at the National Police Academy sought to enlist them in his campaign. BAGEHOT'S classic explains why and how a genre of civil servants mushroomed in India latterly as executive power, authority and prestige declined. None of them had earlier revealed a particularly strong spine. T.N. Seshan bared his traits once he was appointed Chief Election Commissioner (CEC). Others need not...

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Apathy virus by TK Rajalakshmi

Absence of preventive measures and affordable and accessible health care leads to nearly 500 encephalitis deaths in Uttar Pradesh. IT is a strange paradox. In a country that aspires to be a superpower and boasts of rapid economic growth, 488 children died in a State, Uttar Pradesh, from encephalitis alone this year. It is nothing less than a national shame and tragedy. In six districts of Bihar, close to 200 children...

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Dantewada's dilemma by Smita Gupta

The tribal people of Chhattisgarh are in an extremely dangerous situation, caught as they are between the state forces and the Maoists. THIRTY-SIX-YEAR-OLD Soni Sori, an Adivasi schoolteacher from Chhattisgarh, was arrested in Delhi on October 4 on charges of acting as a conduit between the Essar group and the Maoists, the former accused of giving “protection money” to the latter. On October 7, she moved the Delhi High Court to...

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