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Their lands and our laws


Colonial-era laws that dispossess the nation's adivasis need both legislative reform and the administrative diligence to be justly implemented, says Videh Upadhyay.




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Elections : Disclosures now Mandatory


Jayprakash Narayan on the recent SC judgement that reinstated mandatory discloures from election candidates.




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Legislate, then contradict


Suman Sahai discusses a public interest litigation that seeks to ensure that the rights granted to farmers on seeds as per India's 2001 plant varieties protection law are not taken away.




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Legislature and Judiciary: The balance


Pradeep K Baisakh traces the changes in the balance of power between our courts and lawmakers.




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Contemptible, but true


The government proposes to permit truth as a valid defense in contempt-of-court cases, but prefers to leave it to judges to decide when it should be allowed.




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Curtail autocratic party bosses


Jayaprakash Narayan criticizes Parliament's moves to limit diversity of opinion among lawmakers, and to appropriate all authority to a few powerful leaders.




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Stemming campus violence


Campuses across the country are reimposing law and order in an indication of new resolve to root out ragging and violence, especially against women students. Puja Rawat reports.




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Noise and the law


Environmental jurisprudence is only slowly catching up to the physical and mental costs of noise pollution in urban areas. Sairam Bhat surveys the landscape.




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Criminal justice system "reforms"


A critique of the process and research used by the Justice Malimath Committee to recommend reforms to the Criminal Justice System. This is the first of a two part series.
Click here to read Part II




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Criminal justice system "reforms" - II


In the second and concluding part of the series on the Malimath Committee's report, Bikram Jeet Batra looks at the detailed recommendations in terms of implications for Human Rights.
Earlier: Part I




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Geographical indications in jeopardy


Geographical indications of Indian origin such as 'Basmati' rice and 'Darjeeling' tea continue to remain open to being wrongfully exploited internationally. Kasturi Das looks at the issue in depth.




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Supreme Court sets deadline on FOI law


Hopes for India's languishing Freedom of Information Act becoming effective were given a boost on July 20. Subramaniam Vincent reports on the Supreme Court's deadline and implications.




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Sentenced to die, non-unanimously


Are death penalties in India being awarded under the most rigorous standards for trials in capital cases? Maybe not. Bikram Jeet Batra on India's current practice.




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"The current law is unacceptable"


The National Advisory Council has proposed amendments to the Freedom of Information Act. But it's not clear if the government will take these up. Our report, plus an exlcusive interview with NAC member Aruna Roy.




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Too little for the little ones


Sairam Bhat notes that the provisions in the laws for tackling paedophilia as well as the incestuous abuse of children are far from adequate.




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RTI ball in Centre's court


From hectic lobbying with the Prime Minister to rising usage of Right to Information laws in three major states, 2004 has perhaps seen wider citizen enthusiasm and organizing than any other year recently. But will Parliament and the Central and State governments respond proportionally? Varupi Jain reports.




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Central RTI law: some shine, still shackled


The Right to Information Bill tabled in Parliament raises expectations to new levels by proposing a dedicated Information Commission for enforcement. Except, the commission is crippled at conception, with no direct penalizing powers. Prakash Kardaley comments.




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The Lokpal cycle


After several visits to Parliament the Lokpal Bill is once again before the nation's legislators. Pradeep K Baisakh traces the lineage and condition of the legislation that could curb corruption in public offices.




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Food safety bill may hurt hawkers


The central government has proposed the Food Safety and Standards Act as part of a series of steps to 'harmonize' existing food laws. Devinder Sharma agrees the old exploitative laws must go, but says the new bill may deliver unfair advantage to the food industry over dhabas and hawkers.




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Divided by - and in - class


What is education for, and what is the State's obligation to support it financially? As the Central Advisory Board of Education reviews the legislation introduced in Parliament by the NDA government, Satlaj Dighe provides a snapshot of the direction of public education policy today.




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More teeth in new RTI legislation


Lawmakers at New Delhi recently passed the Right to Information Bill. The legislation provides for an information commission with powers to enforce transparency. An officer who delays disclosure will be liable to pay a penalty of Rs 250 for every day's delay. Prakash Kardaley is optimistic about the bill about to become law.




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Pension Fund Bill, 2005


The Bill on pension reform, which is before Parliament, takes away the obligation to pay pensions from the government and shifts the responsibility of saving for old-age to the individual. How might this affect you? And how can you make your voice heard? M R Madhavan and Ruchita Manghnani present a legislative brief.




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Parliament, Winter 2005 session


M R Madhavan presents a brief summary of the proceedings in the national legislative bodies during the Winter 2005 session, which was conducted during Nov-Dec 2005.




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Food Safety and Standards Bill, 2005


By consolidating several different laws for the food sector, the proposed bill seeks to establish a single reference point for all matters relating to food safety and standards. The scientific development of the food processing industry is also sought. M R Madhavan and Kaushiki Sanyal present a legislative brief.




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Indian Medical Council (Amendment) Bill


The Central government proposes to shuffle the composition of the IMC and bring in more of its own appointees, reducing elected members to a minority. The government claims this will increase the IMC's accountability, but will it also turn it into an arm of the government? M R Madhavan and Ruchita Manghnani present a legislative brief.




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STs (Recognition of forest rights) bill


Who can live in forested areas? What rights to they have over lands they have lived in for generations? Can they be relocated, and if so on what terms? Legislation in Parliament attempts to balance forest dwellers' rights with economic and environmental objectives. Kaushiki Sanyal presents a legislative brief.




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No need to amend the 'Office of profit' law


The UPA Government is attempting to achieve consensus and amend the Office of Profit law to allow select legislators to hold additional public offices. This is merely the climax of a larger trend, says Madabhushi Sridhar, of an already thin separation of power between executive and legislature, and of earlier efforts to dilute the Constitution.




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Seeds Bill 2004


Through registration and certification, the draft law seeks to promote quality seeds. But it's unclear if farmers can meet the standards set for commercial seeds. Controversially, the Bill also permits inspectors to carry out search and seize operations without warrants. M R Madhavan and Kaushiki Sanyal present a legislative brief.




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Sound and fury over the Broadcast Bill


Journalists have strongly objected to provisions of the proposed Broadcast Bill empowering the government to cripple media through pre-censorship. The media industry has been furiously lobbying against the Bill's attempt to regulate ownership. Amidst all this, there has been little mention of the need for the public to have a say, notes Ammu Joseph.




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State-owned carriage only


The Post Office (Amendment) Bill 2006 proposes to give the Department of Posts an unaccountable monopoly role in the delivery of small letters and couriers, and introduces a registration system for private carriers. Kaushiki Sanyal presents a legislative brief of a Bill that harkens back to the license raj.




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Immoral Traffic (Amendment) Bill


New provisions in law would make sexual exploitation of trafficked persons punishable. While well-intended, the draft bill is vague; the term 'sexual exploitation' is not clearly defined. Without this, the bill's provisions could lead to greater harassment of prostitutes and their clients. Kaushiki Sanyal presents a legislative brief.




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An entitlement with no law


With the Central government lobbing the ball into the states' court, the right to education bill has practically lost its very essence. Without a central legislation to support it, a constitutional guarantee will have little meaning, say most experts. Deepa A concludes the 'Lens on Education' series.




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Cooperatives Bill


It is debatable whether the governance mechanisms of voluntary bodies such as co-operatives should be specified in the Constitution, as the Cooperatives Bill proposes to do through an amendment. Kaushiki Sanyal presents a legislative brief.




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Sarkar-approved contributions only


In the name of internal security, the Foreign Contributions (Regulation) Bill would add to the government's already long list of rules applicable to voluntary organisations, even as it ignores the fact that they receive less than one per cent of the foreign funds flowing into the country. Priya Narayan Parker presents a legislative brief.




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Microfinance Bill


The draft bill comes at a time when there are differing opinions on the cost efficacy of the MFO model for reaching credit to the poor. Moreover, the bill itself contains some perplexing ideas - such as the choice of NABARD, itself an MFO, as a regulator of others such organisations. Kaushiki Sanyal presents a legislative brief.




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Parents and Senior Citizens Bill, 2007


A draft bill in Parliament attempts to mandate the care of elderly citizens in law, and envisions the establishment of tribunals to ensure its functioning. But its definitions and methods leave many questions unanswered. Priya Narayan Parker presents a legislative brief.




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Right to displace, but no duty to rehabilitate


Acquiring land for a 'public purpose' is claimed as a right by the state under its powers of eminent domain, but it accepts no duty to resettle and rehabilitate all the affected citizens. Instead, rehabilitation is presented as an act of benevolence, writes Kannan Kasturi.




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Should the RTI Act be extended to bourses?


When the CIC v. bourses case comes up for hearing in the Supreme Court, the Commision will have to present a much larger social-legal case that clarifies how the stock exchanges are 'public authorities' despite being run as limited liability corporations, writes Deepak Malghan.




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Regulating domestic work


The Domestic Worker's Bill, if passed, will be an important step toward securing the rights of a large chunk of the unorganised workforce. But as with all laws, the real test of this legislation will be in its implementation, writes Anuja Agrawal.




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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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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.




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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.




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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.