The (word) games we play to avoid dealing with the problems of some of the poorest Indians. It's strange season again in the corridors of planning and power — the run up to the 12th Five-Year Plan. This is when myriad Planning Commission committees review the (somewhat predictable) non-implementation of policies intended to benefit some of the poorest Indians, and recommend changes, only to repeat the exercise five years later. Forgive my...
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When equal protection matters most by Harsh Mander
The draft Prevention of Communal and Targeted Violence Bill 2011, proposed by the NAC, has attracted welcome debate. Any legislative measure, intended to correct a historical wrong, should indeed be subject to the closest scrutiny to improve and strengthen it. For if we get this right it can help realise, far better than we have so far, the constitutional guarantees of equality before the law. This bill is built on India’s...
More »Rethink the communal violence bill by Ashutosh Varshney
The communal violence bill prepared by the National Advisory Council (NAC) seeks fundamentally to change how the government deals with violence against minorities. The bill focuses on religious and linguistic minorities as well the Scheduled Castes and Scheduled Tribes, but religious minorities are at its heart. The bill has some undeniable strengths, but it suffers from two analytically fatal flaws. First, it places excessive faith in the state machinery. Though...
More »A bill to settle a terrible debt by Siddharth Varadarajan
For decades, the victims of communal and targeted violence have been denied protections of law that the rest of us take for granted. It's time to end this injustice. In a vibrant and mature democracy, there would be no need to have special laws to prosecute the powerful or protect the weak. If a crime takes place, the law would simply take its course. In a country like ours, however, life...
More »SC: Can Armed Forces enjoy immunity for rape, murder?
-The Economic Times The Supreme Court has asked the Centre to furnish its stand on the provisions of the controversial Armed Forces (Special Powers ) Act applicable to the disturbed areas of the country. The ruling came in view of the government's divergent views on the controversial issue of the immunity granted to Army and para-military personnels from criminal prosecutions in certain conditions like fake encounter cases in such areas....
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