The Medical Termination of Pregnancy (MTP) Amendment Act, 2021, increases the gestation limit for abortions from the earlier ceiling of 20 weeks to 24 weeks but only for special categories of pregnant women such as rape or incest survivors. This termination would need the approval of two registered doctors. Women can now terminate unwanted pregnancies caused by contraceptive failure regardless of their marital status.
We still relate sexual assault to 'lust' rather than 'power' and view it as a form of desire, not abuse of power. Sexual assault / rape takes place in riots and wars because domination over the opponent’s private parts without their consent is the ultimate display of power. On the other hand, the rape law remains gender specific setting in stone the identities of victim and preperators. Section 377 also doesn't encompass all sexual offences
Environmental Impact Assessment sets in place a legal framework for regulating activities that impact the natural resources and people. Many environmental activists call the draft detrimental towards protecting the already deteriorating environment. The draft allows a freer reign to industrial projects while limiting public consent and interference. Some of the major changes include post facto clearance which means industries can start projects and get environmental clearances later, reduction in minimum notice period for public hearing and no scope for public complaint about violations
Indian government promised that it will come up with a robust data protection regime but the draft personal data protection bill tabled in Lok Sabha in December 2019 did not instill confidence. Experts pointed out that the bill grants exemptions to the government to collect personal data on grounds of prevention and detection of crimes, without any judicial oversight. The bill also proposes a government-controlled Data Protection Authority which was expected to be an independent regulator
Lok Sabha passed the Citizenship (Amendment) Bill triggering widespread protests in north east India. The bill changes definition of illegal migrants by providing citizenship to non-Muslims coming from Afghanistan, Bangladesh and Pakistan. North east people fear influx of outsiders and loss of indigenousness with these new rules. It also nullfies the NRC exercise in Assam to identify illegal immigrants irrespective of religion. It also reduces mandatory continuous stay in the country to obtain citizenship by naturalisation from 11 years to six years.
The Prohibition of Electronic Cigarettes Bill 2019 is an absolutely diluted piece of legislation, which fails to address the grave issue of nicotine-laced products. It’s just an all bark no bite legislation, not worth the paper it’s printed on. It partially addresses only e-cigarettes, which is less than one percent of the real problem of nicotine abuse. Such piecemeal restriction of e-cigarettes will only help the tobacco manufacturers and cigarette companies as it will eliminate their competition
Conviction of former BJP MP Dinu Solanki and six others in murder of Right To Information (RTI) activist Amit Jethwa is a victory of Indian justice system. The country has seen 83 murders and 165 assaults on RTI activists since the Act came into force in 2005, says the mapping exercise being done by Commonwealth Human Rights Initiative (CHRI). In this scenario, the conviction in Amit Jethwa case holds out hope for many families of activists killed over seeking information
These are people from villages and towns trained in basic law, legal procedures and in skills like case documentation, negotiation, mediation and advocacy. They act as a crucial link between justice delivery system and people facing the negative consequences of development projects. The paralegals thus enable the people to move from being mere victims to become change agents. This action is essential in the face of consistent violation of environmental laws.
Land acquistion was at the centre stage till two years back due to controversial changes introduced by the NDA government in the legislation. While the proposed amendments are currently on hold, several states have brought about similar changes through Rules under Section 109 of the Act or have enacted their own state-level land acquisition laws to tide over opposition.
The unique identitification programme, popularly known as Aadhaar, has generated lot of heat due to security and privacy concerns. A larger bench of the Apex Court is still examining whether intrusive aspects of unique identification encroaches upon citizen’s right to privacy. This video tells you about the claims and counterclaims of the system.
A nine-judge Constitution bench is examining whether privacy is a fundamental right. The bench was formed in response to petitions challenging government orders that made Aadhaar mandatory. The petitions had right to privacy as one of the arguments. While petitioners claim that right to life and liberty inherentily include right to privacy, government believes it's more of a social notion like 'pursuit of happiness' and should not be a legal right. The government also argued that right to privacy can't be homogeneous though certain aspects within privacy can be fundamental rights.
This document is a valuable resource that comprises important legal changes and events of last three years with reference to previous laws. Written by well known practitioner Kanchi Kohli, the e-book lists down steps that can be taken to secure people’s rights over land, forests, water and biodiversity. And all this is explained through instances where common men and women explore the nitty gritties of environmental laws. So, we have Sarita tai worried about construction of railway line through a forest and Kavita who is intrigued by a company official asking for her village land to do compensatory afforestation for a distant project
The premise of Aadhaar is that it’s put to use as a universal proof of identity by public and private entities. So, even when you have surrendered that LPG subsidy and don’t take any benefit from the welfare schemes, you may still be required to get the unique ID. Banks continue to ask for linking the account with Aadhaar numbers, private schools want parents to furnish the UID numbers of their children even though there’s no subsidy to be disbursed and no chance of duplication here. The Union government is also mulling linking mobile numbers with Aadhaar as another measure to curb terrorism.
How can access to education and good healthcare change somebody's life is evident from Suresh Dhongde's success. At one point of time he was staring at possibility of a life wasted. Today, the 35-year-old is a proud recipient of the national award for being a role model in overcoming leprosy. Not only is he helping other leprosy-affected people join mainstream, but also trying to break well-entrenched stereotypes related to the disease. He is fighting against several laws and rules which discriminate against leprosy patients.
Dr Kunal Saha's wife Anuradha died due to medical negligence in 1998. He pursued the case for 15 years through various consumer courts, MCI, high court until Supreme Court passed a historic order three months back. It not only awarded the highest compensation so far in a medical negligence case but also questioned the treatment of doctors, a first in Indian legal history. Here Dr Saha talks about the shortcomings in present Indian law and his plans to help other victims of medical negligence.
How do you decide whether a person arrested for an offence is guilty or innocent? In India, if it's an act of terror, the name of the accused is sufficed. A Muslim is guilty without trial and nobody should defend him. Violent attacks on lawyers of terror accused, many a times even on the court premises, are justified in the name of patriotism. While we usually blame the police of shoddy investigations and falsely implicating the innocents, when it comes to terror cases, their work is invariably deemed perfect.
Khamba is a small village on the edge of Amreli district in the south east region of Gujarat. Proximity to the coastline and world famous Gir forest in neighbouring Junagarh district underscores the need for environment protection of the region
June 16 was 'Father's Day' and lovely quotes on fatherhood spilled over from mainstream media to facebook and twitter. June 16 was also the 'International Domestic Workers' Day' and it seems nobody really noticed. A few women workers with placards marched on the streets of Chennai seeking fixed minimum wages but then again nobody was really interested. As long as houses were cleaned, dishes done and kids put to bed there was not much trouble in the world. No matter how essential the services of domestic workers are, the reality is as harsh as the respect given to their profession.
Savage Garden may sing paeans for life of animals, the truth is they have a tough time putting up with us humans. India is soon going to have a law with better provisions to ensure ethical treatment of animals.
Dr Manilal Valliyate, the director of veterinary affairs at PETA, shares his thoughts on how the proposed law will make us more humane.
Q. Since a new draft bill has been drafted on the issue of animal welfare, where was the earlier Prevention of Cruelty to Animals Act lacking?
Late Javed Abidi, a vocal disabled rights' activist, who was at the forefront of disability revolution in India, talked to GOI Monitor in 2012 about the present state of affairs and lacunae in laws
Mining is something that if undertaken, the possibility of any other alternative use of that land is finished. That’s why it is called a terminal industry. We all know about the socio-political issues related to mining. Most of the mines are located in areas which are homeland to tribals and dalits and hence have specific development issues. The problem with emerging countries like India and China is they are not willing to look for alternatives to mining. Their economies are increasingly getting dependent on mining hence binding them to systems that have failed in the west.
On July 5 this year, the Union Health Minister Ghulam Nabi Azad seemed to have reinvented the wheel by saying that the government may not be in a position to foot the treatment bill of those living with HIV. The provision of free treatment is one of the key features of the draft HIV/AIDS Bill which has been hanging fire for last five years and this disownment is not acceptable to the community. It wants the government to acknowledge that those living with HIV have no other choice but to take lifelong medications and the costly second and third line treatments are beyond their reach.
The purpose of any law is to solve people’s problems. The Indian Constitution also promotes the concept of judicial redressal at your door step. A law is meant for speedy justice and if it is pro-litigation or promotes further litigation, the purpose is defeated.Sadly, that is what most of our Indian laws do. Even recent enactments like the Right To Information (RTI) Act and the Right to Public Service Act, which is being implemented in several States of India, compel the public to make rounds of the offices, appellate authorities and ultimately, the state or central commissions.
July 26, 2009: Himanshu Sabharwal was arrested along with 25 others under Section 144 of the Code of Criminal Procedure (CrPC) for taking out a candle light vigil at India Gate. The group was organising a peaceful demonstration seeking justice for Himanshu’s father Prof H S Sabharwal who had died after being beaten up by ABVP activists in an Ujjain-based college. Such incidents are not uncommon in our 'free' country.
The controversy related to black money is turning out to be a major embarrasment for the UPA government. However, while Baba Ramdev raises cudgels against the money stashed in foreign banks, nobody seems to care about the undeclared wealth which exists right here in Indian territory. According to a World Bank study, in 2006-07 black money in India amounted to Rs 15 lakh crores, almost one-fourth of the country’s GDP.
