The quashing of the appointment of P.J. Thomas as the CVC shows the judiciary can go beyond the express provisions of law to render justice. THE Indian Constitution does not envisage strict separation of powers among the three branches of the government – the executive, the legislature and the judiciary. This flexibility permits marginal incursions though one branch cannot usurp the essential functions of the other. One of the essential functions...
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‘Time for Parliament to delete IPC Section on attempt to suicide' by J Venkatesan
A person attempts suicide in depression He needs help, not punishment The Supreme Court on Monday recommended to Parliament that it consider the feasibility of deleting Section 309 of the Indian Penal Code (attempt to commit suicide) from the statute. Making this recommendation, a Bench of Justices Markandey Katju and Gyan Sudha Misra said though a Constitution Bench in Gian Kaur's case had held Section 309 IPC constitutionally valid, “the time has come...
More »Andhra Pradesh HC refuses to quash sedition case against tribal
Justice Samudrala Govinda Rajulu of AP high court on Monday refused to quash the case of sedition registered against a Koya tribal fighting against the construction of Polavaram irrigation project. Polavaram Police of West Godavari district registered a crime case against Savalam Benerji, a Koya tribal and others under various sections of the Indian Penal Code for their alleged activity in trying to stall the Polavaram project. The tribals of...
More »Perjury Simpliciter! by D. Bandyopadhyay
It was widely reported in the print media that G.D. Gautama, the Home Secretary of West Bengal, in his affidavit before the Hon’ble Calcutta High Court in the Netai killings affair, hesitantly admitted the existence of illegal armed intruders in that village while denying any knowledge of the existence of similar harmad camps elsewhere in the Jungle Mahal area. One cannot avoid applauding his gallantry in holding our national motto...
More »Dalit oppression result of myriad years of caste system by Manjula Pradeep
Violence against Dalits is the outcome of thousands of years of subjugation due to the existence of the caste system. But the situation of Dalit women becomes more vulnerable due to the intersectionality of caste with gender. The oppression against Dalit women becomes multiple and is manifested through extreme forms of atrocities committed against them by non-Dalits and violence by the Dalits. After the framing of the Indian constitution, very few laws...
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