The Supreme Court has dismissed a public interest litigation petition seeking a direction to make ‘right to property' a fundamental right under the Constitution. Though the ‘right to property' was deleted by the 44 {+t} {+h} Constitution Amendment in 1978, it was challenged only in 2007 in the context of acquisition of large extents of land for Special Economic Zones, and the court issued notice to the Centre. It was contended in...

As it stands, the Right to Education Act has several flaws that will prevent its efficacious implementation. Several amendments are called for. Something that cannot work, will not work. This is a tautology applicable to the Right to Education (RTE) Act, which cannot meet the objectives for which it was enacted. There are several reasons for this. First, the Act does not rule out educational institutions set up for profit (Section 2.n.(iv))....

What is the marriageable age for a girl in India? Well, there is no straight answer to this question, thanks to legal loopholes. Now, in a bid to dispel doubts, the National Commission for Women (NCW) has asked the government to consider bringing uniformity in the 'marriageable age' and 'age of consent' for girls. The need arises because of the disparity in laws and contradictory court judgments. Both the Hindu...

While India’s new Right to Education Act seeks to bring free and compulsory education for all children, it seems to short-change them through an unrealistic vision of the private sector’s involvement. In August 2009, the Right to Education Act was passed in the Indian Parliament with no debate, by the fewer than 60 members who happened to be attending the session that day. Not that the Act was an open-and-shut...

Domestic helps, the faceless engine without which daily life will grind to a halt in India, are finally set to get the right to a weekly off and other benefits most citizens take for granted. The Centre is coming up with a policy that stipulates the compulsory weekly off for domestic helps and a few more benefits. Some homes do already extend a few of these benefits but countless others do...