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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.




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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.




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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.




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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.




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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.




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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.




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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.




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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.




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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.




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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.




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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.




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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.




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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.




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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.




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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.




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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.




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Can a court order end passive violence?


The recent SC order directing the Centre to protect people, who come forward to help accident victims, from legal and other hassles, is a significant step towards reducing road accident fatalities. Shoma A Chatterji examines the broader social psyche and issues to be addressed to make the world more humane.




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Why Raghuram Rajan has lost patience with defaulting promoters


“We need a change in mind set, where the wilful or non-cooperative defaulter is not lionized as a captain of industry, but justly chastised as a freeloader on the hardworking people of this country,” said the RBI governor in his recent lecture at IRMA, Anand. An unedited transcript of his speech




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How to avert the dangers of being an Internet user


A recent UGC-sponsored seminar on the incidence of cyber crime, hosted in Kolkata, drew attention to the safeguards to be adopted as also the right procedure to be followed in order to obtain redress. Amrita Mukherjee reports.




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What the new processes mean for the dispossessed


The recently promulgated ordinance amending the national law related to land acquisition dilutes several clauses of the earlier legislation that were meant to protect the rights of holders. Kanchi Kohli summarises the key changes brought in by the ordinance.




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Missing: Intellectual Property Rights with a social lens


The Modi government has moved fast and furious on charting a new policy regarding intellectual property rights but Shalini Bhutani’s recap of recent developments shows that much of it has been with an overt focus on industry.




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When people are merely roadblocks


A series of recent executive orders, amendments to law and ministerial directives either seek to curtail avenues of public participation and consent over projects of critical impact, or do away with them altogether. Kanchi Kohli tracks the trend.




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Does the government really want to protect whistleblowers?


Around 40 RTI activists in the country have been killed in recent years, several of them after the Whistleblowers Protection Act was passed. Satarupa Sen Bhattacharya explores why the said law has been unable to achieve its stated end.




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Why the land acquisition law is a threat to several others


The government’s push to the amended land acquisition law overlooks provisions in other acts that address closely related issues such as food security and conservation of biodiversity, writes Shalini Bhutani.




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CAG report on Odisha: Will legislators take note please?


As Parliament debates the amended land acquisition and mining laws, Himanshu Upadhyaya draws attention to the report of an audit of Odisha’s resettlement and rehabilitation policy that clearly highlights the threats to displaced communities.




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Judicial delays: Understanding the system before fixing it


On 18 March, at a discussion organised by Daksh India, Nick Robinson from the Harvard Law School explored in detail the phenomenon of judicial delays, sharing insights from his work in both India and the US. Pavan Kulkarni summarises the points raised.




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Commercial real estate set to be brought under new law


While a list of approved amendments to the proposed law on regulation of real estate is yet to be made public, it is now clear that the Bill will apply to commercial projects as well. Here is a round-up of the recent developments, from PRS Legislative Research.




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Ignoring the institutions that can save our coastal regions


Effective district-level bodies could have played a critical role in ensuring legal environmental protection for coastal zones and communities. Manju Menon, Kanchi Kohli and Meenakshi Kapoor discuss how these have been continuously disregarded. 




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Questions over AFSPA continue to echo in ‘disturbed’ northeastern states


The Centre may have rolled back its sudden unilateral decision to accord ‘disturbed area’ status to Arunachal Pradesh under the AFSPA 1958, but that does little to restore good faith between the northeastern states and the government. Anjuman Ara Begum analyses why.




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The holes that make our coasts vulnerable


From delayed reconstitutions of critical state and national level institutions to glaring loopholes in procedures, Meenakshi Kapoor identifies all that stands in the way of effective plans to manage conservation and sustainable coastal development.




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Will free trade allow free voices too?


Shalini Bhutani takes a close look at the law and ensuing policy on trade in India, and asks whether the regulatory framework on trade issues nurtures the idea of public consultation.




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Keeping your child safe in the age of the Internet


It’s a big, bad world out there on the social network and nearly 73 percent of urban children aged 8 to 13 are active on such sites. Can adult influencers keep the children safe online? Supriya Unni Nair explores.




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It’s not only books and films that are censored!


In the shrill discourse over freedom of speech, the selective publication, and even overt suppression, of actionable development data is often overlooked. Amid calls for a next-gen data revolution, Biraj Swain highlights this and other challenges that lie in its path.




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The quest for justice continues in Tripura’s dawn of hope


Tripura’s revocation of the AFSPA is certainly a positive move from a human rights perspective. But it leaves unaddressed the issue of justice for those whose lives were torn apart by the excesses under the Act, writes Anjuman Ara Begum.




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The DNA Bill is a recipe for disaster


The Centre for Internet & Society (CIS) registers its dissent over the new Human DNA Profiling Bill draft. Sunil Abraham, Executive Director of CIS, explains how the Bill does not address the privacy concerns despite a seemingly powerful language.




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Cash inside pens and gift cards: Challenges before the Election Commission


There is a lot that happens in the background to make sure that every Indian election - like the just concluded Bihar assembly election - is conducted fairly, freely and peacefully. Smarak Swain, who was on election duty in Bihar reports on the challenges faced by the Election Commission of India and how it is overcoming them effectively.




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The Supreme Court just made it easier for you to save lives; here’s how!


You don’t have to fear police harassment if you report or help an injured accident victim. You don’t even have to reveal personal details unless you wish to testify. Here’s a summary of the “Good Samaritan” guidelines that the apex court has now made compulsory for states to follow.




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Speedy disposal of court cases


High Courts and subordinate courts have been directed by the Supreme Court to expedite the disposing of criminal cases, yet cases languish for years in these courts. Harish Narasappa explains why it is so and how it can be fixed.




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Overview of the legal issues around Aadhaar


Anviti Chaturvedi of PRS Legislative Research discusses how the Aadhaar project started, why the courts have stepped in to examine its legality, and some aspects of the recent judgement.




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Decoding the code on wages


This past August the Code on Wages was introduced in the Lok Sabha and subsequently referred to the Standing Committee on Labour for examination. Vinayak Krishnan of PRS Legislative explains the Code and its pros and cons.