-The Hindu Article 5 of the Universal Declaration of Human Rights puts it simply: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” The death penalty is the ultimate cruel punishment. Abolitionists tend to advance two main reasons why it must go: it does not deter crime; and, as justice systems around the world are flawed, there is more than a possibility that someone...
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Preventive arrest only when peace is in imminent danger: Supreme Court by J Venkatesan
Even as the correctness of the preventive custody of social activist Anna Hazare under Section 151 of the Criminal Procedure Code is being questioned, the Supreme Court has cautioned the police to invoke this provision only when there is an imminent danger to the peace or likelihood of breach of peace under Section 107 Cr.PC. Such a preventive arrest could be made only if it “appears to the police officer concerned...
More »The land law and justice by Nitin Desai
The ever-energetic Jairam Ramesh has unveiled a new land acquisition policy for discussion. He has taken on the difficult task of changing an old law whose implementation has led to a sorry mess in Nandigram, Singur and Noida, to mention only a few of the recent cases that have hit the headlines. India’s policy regime for managing land rights and land transactions is totally dysfunctional. Greedy politicians in state governments have...
More »Singur case: West Bengal to begin arguments today by Ananya Dutta
On petition filed by Tata Motors challenging the Constitutional validity of the Singur law The West Bengal government will commence its arguments on the petition filed by Tata Motors challenging the Constitutional validity of the Singur Land Rehabilitation and Development Act 2011 before the Calcutta High Court on Wednesday. West Bengal's Advocate General Anindya Mitra will begin his submissions before Justice I. P. Mukerji followed by other counsel on the government's panel. Apart...
More »Property rights riddles by MJ Antony
Laws dealing with land and property have led to a maximum number of constitutional amendments and litigation in the Supreme Court over the decades. Even after these, the law and its interpretation are hazy. Some of the Supreme Court’s judgments are awaiting reconsideration by larger Benches — one was in the files for nearly 15 years and another for six years. Successive chief justices have avoided opening the chamber of...
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