The Manmohan Singh government is digging an even bigger hole for itself by claiming there was no loss of revenue from the sweetheart sale of 2G spectrum to favoured corporate houses. “Milord,” cunning lawyers have argued in countless Hindi movies, “how can there have been a murder when there is no dead body?” I was reminded of this line when I heard Kapil Sibal — who has been performing as an...

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...

The Protection of Women from Domestic Violence Act has in its four years faced many challenges in implementation, says a monitoring report. FIVE years ago, Parliament enacted a significant piece of legislation relating to women. The Protection of Women from Domestic Violence Act (PWDVA), 2005, designed as a civil law, came into effect a year later, in October 2006. The fundamental feature of the Act was that it empowered magistrates...

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...

A Supreme Court judgment projects the historical thesis that India is largely a country of old immigrants and that pre-Dravidian aborigines, ancestors of the present Adivasis, rather than Dravidians, were the original inhabitants of India. If North America is predominantly made up of new immigrants, India is largely a country of old immigrants, which explains its tremendous diversity. It follows that tolerance and equal respect for all communities and sects are...