Delhi is an anxious city this monsoon season, struggling to meet an onerous deadline. Preparations continue at a feverish pace for the 19th Commonwealth Games (CWG), which will bear down on the Indian metropolis October 3-14, along with some 8,500 athletes from the 71 states and territories that were once part of the British Empire. Around-the-clock construction and spells of heavy monsoon rain have turned Delhi into a swirl of mud...
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Towards protecting women by Shailaja Chandra
In the absence of whole-hearted steps to implement the provisions effectively, the Protection of Women from Domestic Violence Act 2005 is falling short of expectations. The Delhi High Court ruled recently that a woman can also be held liable under the Protection of Women from Domestic Violence Act 2005. This the court did on the basis of the interpretation that ‘relatives' included not only male but also female members of...
More »A Bill designed to fail by Tarunabh Khaitan
The Prevention of Torture Bill fails to meet the minimum standards laid down in international law and betrays a contemptuous attitude towards Indian citizens. Unless torture is inflicted for the purpose of extracting some information, the proposed law will refuse to take notice A court can entertain a complaint under the proposed law only if it is made within six months of the date of the offence The right against torture, quite...
More »The great Bhopal whitewash by Sunil Jain
Worthies such as Ratan Tata who have been lobbying the government to go easy on Union Carbide Corporation (http://www.indiaenvironmentportal.org.in/files/5_27.pdf) would do well to read Carbide’s useful FAQs on the 25th anniversary of the Bhopal gas tragedy, which claimed over 10,000 lives. Worse, over 5 lakh humans, including those born after the disaster, are still suffering the consequences of the gas leak. Even now, Carbide refuses to accept any kind of...
More »Disqualification by judges’ interest in litigation by TR Andhyarujina
Judges should be made of sterner stuff and should not recuse themselves merely to preserve an appearance of non-bias when there is no real possibility of bias. Four recent cases in the Supreme Court have raised the question of when a judge, who has either a pecuniary interest in the litigation or non-pecuniary connection with a party to the litigation, should recuse himself from a case. In the first case,...
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