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An impacted assessment process


Years since the adoption of the environment impact assessment law, systemic weaknesses and a token approach to public hearings are defeating its purpose. Kanchi Kohli does a review.




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Updates on our forests


A new information service sets out to update citizens and specialists about the latest developments at the Supreme Court on forest related cases, reports Rasika Dhavse.




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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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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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Bhakra dam, Supreme Court, questions


In the last two decades, a variety of petitions filed before the Supreme Court over illegalities concerning large dam and irrigation projects have all had a common result. Project proponents have gotten the judicial go-ahead. What is the point of overcrowding laws with more 'enabling' provisions then, asks Videh Upadhyay.




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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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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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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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Acquiring offices for profits


Fixated on eliminating the grounds for disqualification of legislators that arose from their holding of offices-of-profit in the Executive, Parliament has sent back the infamous Parliament (Prevention of Disqualification) Amendment Bill to the President, who is now constitution-bound to sign it. Madabhushi Sridhar points out why the legislation must be stopped.




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Say no to the new iron curtains


The central government has proposed to exempt file notings and cabinet papers from the RTI law. The government's idea that it can 'reveal the decision but not the reason for it' is anti-democratic. In democracy, people need reasoned decisions, reasons for decisions and not mere decisions without reasons, says Madabhushi Sridhar.




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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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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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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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Guarding the guardians


The Centre proposes to establish a National Judicial Council to examine allegations of misconduct or incapacity against senior judges, but questions remain over just how much teeth it should have. Omair Ahmed presents a legislative brief on the Judges (Inquiry) Bill.




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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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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.




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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.




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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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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:




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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.