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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India's very own blasphemy law by Vijayendra Mohanty
I take it you have heard about the blasphemy law and all the uproar it is causing? No, not the one in Pakistan. India now has its own blasphemy law now. It has a narrower focus and it is not rooted in any kind of religiosity, but at the end of the day, it is the exact same as Pakistan's blasphemy law. The government of India has brought forth legislation that...
More »Retooling laws for justice by KS Jacob
Many Indian laws do not reflect modern and enlightened concepts of justice and require major revision. The recent campaign in support of Dr. Binayak Sen has received much publicity. The mainstream media has enunciated his cause and dissected the evidence, conviction and judgment. Amnesty International argued that the case violated international standards for a fair trial. While Dr. Sen's conviction has received much attention, there is a need to foreground the...
More »Forest rights act under scrutiny by Kumar Sambhav S
THE Union government is reviewing its landmark initiative, the Forest Rights Act, four years after enacting it. The aim is to find how to strengthen the law which was legislated to ensure the traditional rights of 100 million forest dwelling people in the country. Two high-level groups submitted their assessment in the first week of January. But it seems the Union ministry of environment and forests has made up its mind...
More »Activist Outrage at the UN Climate Conference by Anne Petermann and Orin Langelle
During protests against the WTO (World Trade Organization) meetings in Cancún, Mexico in September 2003, Lee Kyung Hae, a South Korean farmer and La Via Campesina member, martyred himself by plunging a knife into his heart while standing atop the barricades at Kilometer Zero. Around his neck was a sign that read, "WTO Kills Farmers." At that time, activists around the world were rallying under the umbrella of the global justice...
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