Anna Hazare's arrest has raised intricate legal questions about the fundamental right to assemble peacefully. At the same time another right is being questioned. According to the legal experts, police in most states are making illegal arrests due to complete ignorance that the procedure related to arrests was amended on November 1 last year. Police must now issue a notice of appearance before making an arrest of a cognizable offense. The...

After the brutal murder of Azad, is there any hope for well-meaning routine calls for “dialogue” and “peace talks”? What can the "civil society" do as a serious, real intervention? It is reported that the decades-old talks with Naga insurgent groups has made some progress recently (See “Differences ‘narrowed’,” Times of India, July 19, 2011). One reason why talks have a chance in these cases is that separatism comes in...

This essay describes and compares Parliament and the Supreme Court and examines the relationship between them. Parliament may still be a great institution, but its members are no longer great men. How long can a great institution remain great in the hands of small men? The SC has held its place in the public esteem rather better than the Lok Sabha, despite the occasional allegation of financial impropriety. Parliament, the...

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...

The National Advisory Council amends its draft Prevention of Communal and Targeted Violence Bill, but some activists are still dissatisfied. THE National Advisory Council's (NAC) draft Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill has elicited great expectations and also disappointment within the political class and civil society ( Frontline, July 1, 2011). With its deadline seeking comments from civil society (June 4) having passed, it...