world news

New rules for seizing land


Land acquisitions have raised a number of concerns related to fair compensation, valuation of land, definition of 'public purpose' and other issues. As the government moves to amend the Land Acquisition Act, Priya Parker and Sarita Vanka present a legislative brief on the proposed changes.




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Life sentences: How long is enough?


Compared to the death penalty, life imprisonment is considered less harsh. The courts have preferred to leave undefined exactly how long such punishment should be, and commutation pleas are considered on a case-by-case basis. Ipshita Sengupta reports.




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One-third of the lawmakers


After decades of delay and debate, are political parties finally about to enact higher representation for women in the legislatures? Kaushiki Sanyal presents a legislative brief on the proposed Constitutional Amendment.




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Women’s reservation Bill – the 2010 story


Opposition to reservations for women in Parliament have centred on at least four points. Step by step Vaijayanti Gupta rebuts the arguments and re-iterates the case for reservations.




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Kashmiri identity and the onslaught on women


Although dropped for now, a Bill that seeks to disqualify the permanent resident status of J&K women who marry outside the state is pitting their equal rights and dignity against ‘Kashmiri identity’, argues Rekha Chowdhary.




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Righting the wrongs in divorce law


To shield women from vilification, the National Commission for Women (NCW) is all set to recommend strict penalties against men who level false allegations of adultery against their wives in divorce cases. Tripti Nath has more.




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Mining vs. Communities


The Sustainable Development Framework has captured the feedback of civil society and communities about mining-related damages, but the draft regulations for mining don't reflect this understanding, writes Kannan Kasturi.




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Is 'contempt of court' blocking justice?


It is impermissible under the law to 'scandalise the courts'. But is this vague restraint contrary to the guarantees of liberty given to citizens in the Constitution? Kannan Kasturi examines the notion of 'contempt of court'.




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What powers must the Lokpal have?


Disagreements on the Lokpal, even amongst the reform-minded, have arisen because globally there is no consensus about the exact role of the ombudsman. Rajeev Kadambi looks at the options before the Hazare-Government panel.




world news

One acre forward, two back


The decision to repeal and replace the 1894 Land Acquisition Act is welcome, but many provisions of the new Bill are so vague that they will only perpetuate past mistakes, writes Shripad Dharmadhikary.




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Protecting the truth-tellers


The Whistleblowers Protection Bill moves closer to becoming law, as the Standing Committee on the draft law submits its latest report to Parliament. Kaushiki Sanyal reports.




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What amendments did the Lok Sabha make?


There are wide differences between the various parties on various provisions of the Lokpal Bill. And India Against Corruption wants its own amendments too.




world news

Regulating small loans


The government has introduced the Microfinance Bill in Parliament, empowering RBI to oversee small lenders as well. The law will take MFIs outside the jurisdiction of state-level laws, and bring them under federal regulation.




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Rightfully hers


The proposed Marriage Laws (Amendment) Bill is a policy move in the right direction - to acknowledge the critical role women play in building and maintaining a household's assets, write Hema Swaminathan, Suchitra Yegnanarayan and Rahul Lahoti.




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At your service, electronically


A legislative brief from PRS Legislative Research about the Electronic Delivery of Services Bill, which proposes to introduce a new regime for public service delivery.




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Verma Committee: Key recommendations


In late January, the Justice J S Verma Committee recommended amendments to the India's criminal law so as to provide for quicker and more effective redress of sexual assault against women. PRS Legislative Research provides highlights.




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Anti-rape law: Can India get it right?


As Parliament prepares to pass new anti-rape legislation on the basis of the government-promulgated ordinance, Padmalatha Ravi discusses recommendations of the seminal report by the Committee that underlines the need for law that is better conceived.




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Social justice: What two key Bills propose


As the Budget Session of Parliament nears its end, the House is expected to decide on at least two key pieces of legislation that propose major reforms in the areas of food security and the rights of the displaced; Sakshi Balani provides a quick round-up of the provisions and issues related to the two Bills.




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Big Brother watching you, but who watches him?


Internet monitoring, surveillance and censorship by the Government has become a norm in the country today, even while users are kept completely in the dark about it. Snehashish Ghosh argues why more transparency is critical to upholding the very basic tenets of democracy.




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Court battle likely after CIC's RTI ruling


Indian political parties have been notorious for their opacity, particularly when it comes to questions of their funding. A recent quasi-judicial order bringing six large national parties within the ambit of the RTI Act 2005 might change that. A quick summary of the latest developments:




world news

GM Crops: Can India follow the Philippines example?


The Court of Appeals in Philippines has recently passed an order, prohibiting field trials of GM Bt Brinjal. As the Indian government seeks to push through the BRAI Bill, Neha Saigal exposes its loopholes and argues why we should go the Philippines way.




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A raw deal for consumers


The Consumer Protection Act passed by the Indian government in 1986 defeats its own objectives in the way that it functions today; Sakuntala Narasimhan reveals how it sidelines consumer rights and protects the bigger multinationals operating in the emerging market.




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National Water Law needed, but not this!


Legislation to regulate and administer the country's water sector is a crying need, but the Draft National Water Framework Law recently submitted by the Alagh Committee is a disappointment. Shripad Dharmadhikary explains why.




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'Courting' controversy


India has been witnessing a rising trend of judicial intervention and directives in cases involving a face-off between large institutional projects and the people they affect. Kanchi Kohli looks at two recent judgments as she tries to explore the real impact of such court rulings on the struggles at the grassroots.




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Helping businesses help society


The Companies Act 2013 has extended its scope to provide norms for the organisation and functioning of not-for-profit ventures. Why not, then, use the same or similar legislation to create a conducive environment for social enterprises, asks Shankar Jaganathan.




world news

One hand gives, the other takes away!


The new Land Acquisition law passed recently by the government had several promising provisions, most of which have unfortunately been nullified either by diluting conditions or other loopholes in the act. Shripad Dharmadhikary looks at all that has made this a lost opportunity.




world news

One Person Companies: Speed without effective brakes?


The introduction of One Person Companies in the 2013 Companies Act eyes fast economic gains; however, as Shankar Jaganathan points out, it also calls for a more considered approach and provision of safeguards to protect the smaller creditors and employees.




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SC judgment: The gaps in logic


Going beyond value judgments, T R Raghunandan presents an objective explanation of why the Supreme Court judgment upholding the constitutionality of Section 377 of the Indian Penal Code lacks sound reasoning and could have been much better crafted.




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2011 to 2013: What has changed in the Lokpal Bill?


PRS Legislative Research provides a quick summary of key amendments in effect in the final version of the Lokpal and Lokayukta Bill, that was passed by both houses of Parliament in December 2013.




world news

Left to languish in a foreign country


The deficiencies in the prison system, especially from a human rights perspective, are many and grave, but the plight of non-native inmates calls for special focus, writes Ruchika Nigam.




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New body should have better pay, more autonomy


Poor compensation could be the key reason behind the DGCA’s inability to attract and retain technical personnel, says the Parliamentary Standing Committee on Transport, Tourism and Culture. PRS Legislative Research summarises the Committee’s report.




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What has your MP done for you?


As elections draw nearer, it is more important than ever to understand the way the Lok Sabha functions and what our Members of Parliament are expected to do. Only then can we assess their performance and who may be the best choice, writes R Balasubramaniam.




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Pragmatism over principles is the norm today: Usha Ramanathan


What does state sovereignty really stand for? Does it downplay the role and status of the individual by making him a 'subject' of the state? Watch Usha Ramanathan, as she deconstructs the complex entity of the state in the Daksh Constitutional Day Lecture.




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CIC: Delaying complaints against delays!


Anger and frustration is on the rise over inordinate delays by the Central Information Commission in responding to or inquiring into complaints from RTI appellants. Revathi Siva Kumar looks at what ails the institution.




world news

How can our lower courts work better?


PRS Legislative Research summarises the key highlights of a report from the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice titled Infrastructure Development and Strengthening of Subordinate Courts.




world news

How well do you know your MPs, Kolkata?


As we approach the parliamentary elections, India Together presents a quick familiarisation with members of the Lok Sabha in certain key urban constituencies. In the first of the series, Amrita Mukherjee introduces you to the sitting MPs from Kolkata.




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Penalties rare for Togadias and Masoods, but mileage aplenty


The fierce political campaigns around the 2014 general elections have seen rampant communal rhetoric and instances of hate speech by followers of all camps. Tanvi Bhatikar digs deeper into hate speech law and judicial proceedings in India with a comparison to UK and Europe.




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Mullaperiyar: Is the light in the tunnel itself?


With the SC striking down the Kerala Irrigation and Water Conservation Act, concerns over the Mullaperiyar Dam could create tension anew between Kerala and Tamil Nadu. Could a new study contain a potential solution to the issue? P N Venugopal explores.




world news

Facebook arrests: Could you be next in line?


It is not just the loose definition of Section 66A of the IT Act, its frequent clubbing  with sections of the IPC relating to cognizable offences poses a grave threat to the freedom of all citizens, finds Tanvi Bhatikar.




world news

What surrogate parenting entails in India


While India satisfies all conditions for emerging as an attractive surrogacy hub, confusion over legal requirements and conditions reigns supreme as the Assisted Reproductive Technologies (Regulation) Bill hangs in limbo. Vinita A Shetty has more on why formal legislation is critical to the growth of the practice.




world news

Removal of Governors: What does the law say?


With the Modi government strongly pushing for the removal of UPA-appointed governors, the issue is once again in the limelight. Anviti Chaturvedi throws light on what the Constitution and Supreme Court laws say on the matter.




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There’s always one to clear your mess!


Despite the enactment of a law prohibiting the casteist and deplorable practice of manual scavenging, many continue to labour in the profession in the face of neglect, deprivation and indignity. Pushpa Achanta draws attention to the injustice meted out to manual scavengers and other sanitary workers.




world news

Spewing venom, leaders remain above hate speech laws


The abhorrent remarks by actor-turned-Trinamool MP Tapas Pal, stating that he would get the women among his opponents raped, have left many outraged but drawn mild reactions from his party and no legal action at all. Shoma Chatterji exposes the milieu where leaders like Pal enjoy complete impunity.




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All set to lose out on the gains?


News reports and recent statements apparently point towards possible dilution of the new land acquisition law passed in 2013, resulting in less safeguards for affected owners and communities. Kanchi Kohli summarises the key debates around the likely changes.




world news

Should our anti-dowry law shield husbands too?


The court decision prohibiting immediate arrests under IPC Section 498A meets the need for safeguards against false charges and enjoys the support of many, including a budding filmmaker. But does it come at a greater risk to genuine victims? Shoma Chatterji explores.




world news

How the latest changes to our Constitution will impact the judiciary


A quick summary of the recently passed Constitution (121st Amendment) Bill 2014 from PRS Legislative Research outlines the broad changes that it will bring about in the judicial structure of the country.




world news

What good is an auditor without information?


A recent letter written by the CAG Shashikant Sharma to the finance minister, seeking access to required information through RTI, exposes once more the lacunae in the powers of the Supreme Audit Institution. Himanshu Upadhyaya analyses the debate around the issue.




world news

Why a depoliticised police force is a distant dream


With only 14 functional State Security Commissions in the country, and those too with flawed compositions and diluted roles, the efforts towards minimising government interference in police functioning have naturally been lax. Navya PK cites critical findings of a CHRI Report that shows the present sad state of our SSCs.




world news

The laws we forgot we had


A September report from the Law Commission of India identified 72 antiquated laws that require immediate repeal, among a total of 261 that must be reviewed. Tanvi Bhatikar looks at a few of these and the rationale behind the Commission’s recommendation.




world news

Will the government heed calls to save rural jobs?


The Prime Minister has received at least two letters in the past week from eminent economists, activists and citizen groups, raising their voices against dilution of the Rural Employment Guarantee Act, which seems imminent from recent announcements by the government.