At the Cancun climate change conference in December 2010, Jairam Ramesh, Union minister for environment and forests, raised the white flag of surrender when, departing from the prepared text, he declared, “all countries, we believe, must take on binding commitments under appropriate legal forms”. The minister thus signalled that India will give in to pressures from developed countries to convert its voluntary, nationally-determined mitigation actions into internationally-binding commitments in an...
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Prisoner of conscience by V Venkatesan & Ajoy Ashirwad Mahaprashasta
The trial court judgment holding Binayak Sen guilty of sedition has led to widespread outrage. IN India's legal history, no trial court judgment in a criminal case has perhaps caused as much international outrage as the December 24, 2010, judgment of the Second Additional District and Sessions Judge of Raipur, B.P. Verma, did. In his 92-page judgment, Judge Verma convicted Dr Binayak Sen, the well-known human rights activist and medical...
More »Should the rural job guarantee scheme be linked to minimum wages?
The question raises fundamental issues about the MGNREGA’s centralised template and poor delivery mechanism, but it is important to provide a legal basis to its wage structure to protect it against inflation. We need to remember that the way the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) was originally conceived, wages were never meant to be equal to the minimum wages; they should have been lower. This is because the...
More »Fear of Freedom by Ruchi Gupta
So why is the UPA hell-bent on killing its unique success story: the NREGA? Here's the inside narrative of the conspiracy. It took 47 days of a protest sit-in at Jaipur to make the state budge(1). It's notable that the objective of this protracted protest was not to coerce the Rajasthan government for an extra share of the state's resources, but to hold the government accountable to the Constitution and its...
More »Govt now plans Fishermen Rights Act for coastal areas
If forests belong to the forest-dwellers, then the coastal areas should belong to the fishing community. Acting on this line, the government is proposing to bring in a new law — modelled on the Forests Rights Act — to establish rights of fishermen on the coastal areas and resources found therein. The Forests Rights Act, passed by Parliament in 2006 and brought into force in 2008, recognises the rights of tribals...
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