Delivering the Setalvad Memorial Lecture, on April 16, Chief Justice of India S.H. Kapadia cautioned the judiciary against exceeding their judicial functions. His remarks are particularly relevant to the increasing tendency of judges of superior courts to issue directions to government, to correct and monitor government’s functions, and to even make policy decisions which are in the domain of government — as if there was no separation of functions between...

The proposed Privacy Bill seems skewed towards the state rather than the citizen Sometimes the best of intentions can camouflage the worst of motives. On the face of it, the government’s bid to bring in a privacy bill is a welcome move, a long-overdue measure. But after an initial approach paper prepared by lawyers and bureaucrats in November last year, the government went into a secretive huddle. Now a leaked...

Rather than shutting its doors on ‘civil society’, the government should be thanking its stars that the latter wants to make law, not war. Distributing tee-shirts with this slogan would be a better use of the government’s ‘hearts and minds’ funds than the integrated action plan to counter Naxals, or the army’s tourism trips to Pune for Kashmiri schoolgirls. The UPA regime has been unprecedented for the spate of legislation that...

One of the most shameful pieces of legislation in our penal code is the continuance of ‘Sedition’ in Section 124A of the Penal Code which provides that whoever excites or attempts to excite disaffection towards the government established by law in India shall be punished with imprison-ment for life. The expression disaffection includes disloyalty and all feelings of enmity. This provision was included by the British Government in 1870 as...

Its elimination is an international obligation, but there is a long way to go to meet the goal While governments and civil society commemorate the World Day Against Child Labour on June 12, over 20 crore children are still engaged as child labourers. More than half of them face the worst forms of child labour. Though India has the dubious distinction of having the largest number of child labourers, this...