-The Indian Express The Supreme Court on Tuesday asked Army authorities to decide whether its personnel accused of fake encounter killings in Jammu and Kashmir and Assam should be tried by court-martial proceedings or by regular criminal courts. A Bench of Justices B S Chauhan and Swatanter Kumar said if Army authorities were not keen on court-martial proceedings, then the CBI could seek sanction from the Centre for prosecution of Army officers. Army...
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Age of consent 16 in most liberal countries-Manoj Mitta
Going by just the number of countries, the global average for the age of consent is 16. The government's proposal of criminalizing consensual sex with any person below 18 will put India in the company of countries such as Rwanda, Uganda, Chile, Peru and Egypt, none of whom can be counted among liberal democracies. While the age of consent across the world ranges from 13 to 18, the bulk of the...
More »Regressive clause clashes with IPC rape laws-Manoj Mitta
If the Bill seeking to protect children from sexual offences is passed by Parliament in the form in which it was cleared last week by the Cabinet, then there will be a direct but unstated conflict between the general and special laws on rape. Under the special law proposed in the freshly revised "Protection of Children From Sexual Offences Bill" , no person below 18 years will have the legal capability...
More »Practise what you preach-Pranesh Prakash
The only way to fix the IT laws is to change the way they are made Laws in India relating to the internet are greatly flawed. The only way to fix them would be to fix the way they are made. The Cyber-Laws and E-Security Group in the Department of Electronics and Information Technology (DEIT, ‘DeitY’ according to their website) has proved incapable of making balanced, informed laws and policies. The...
More »An American lesson in Court reporting-AG Noorani
For three days in the last week of March, the United States Supreme Court heard arguments on the Affordable Care Act. No Federal law in the U.S. in recent memory has aroused such bitter controversy. If it is struck down as unconstitutional, President Barack Obama's prestige will suffer. He is due for re-election in November. Very many think the court will rule against him in June. The core of the law...
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