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.
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.
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.
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.
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.
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.
Sairam Bhat
notes that the provisions in the laws for tackling paedophilia
as well as the incestuous abuse of children
are far from adequate.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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'.
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.
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.
There are wide differences between the various parties on various provisions of the Lokpal Bill.
And India Against Corruption wants its own amendments too.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.