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

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

Allegations have been made repeatedly that the penal code's protection against matrimonial cruelty is often abused by women. But no evidence is given to support this claim, says Bikram Jeet Batra.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Frederick Noronha caught up with Tarun Tejpal to learn more about the launch of the Tehelka weekly paper.

Many believe that in business, environmental values and a pro-poor focus are liabilities. But a set of global factors are going to change the rules of the game, warns Stuart Hart, a leading authority on the implications of sustainable development and environmentalism for business. An India Together exclusive interview.

Rural women have nothing to lose by speaking out. Urban women have their bank accounts, education certificates and some 200-300 saris in the cupboard. They have a high tolerance for violence, says Ruth Manorama, in this interview with Charumathi Supraja.

Journalist, teacher and author of Black Lentil Doughnuts and Dreams for the Dying, C K Meena decimates stereotypes in her writing. A free-wheeling conversation with Charumathi Supraja.

The distinction between making government work, and making government change, is an important one, and groups following the two approaches need not be at odds, says Subramaniam Vincent

As long as we engender a society that allow law enforcers to get away with their own crimes, law breakers will only be emboldened. We must make Police Complaints Authorities around the country meaningful, says Subramaniam Vincent.

2004 saw many victories for the survivors of the Bhopal gas tragedy, giving them and their supporters more hope. Both courts in India and the US ruled to bring justice closer and campaigners pressured a reluctant Central government to finally act on their behalf. Kavitha Kuruganti reports.

Varupi Jain traces the life of household and other waste in India and Germany, and finds both hope and apprehension.

In the sixth incidence of recent violence against citizens exposing corruption, Santosh (20) was attacked murderously on 30 December 2004. The Delhi government is not pursuing the wrongdoers, and has instead projected the violence as an issue between an NGO and shop owners. Varupi Jain reports.

25 per cent of the seats in Delhi private schools are reserved for poor students, to be provided free. But this provision is dodged in numerous ways; schools claim ignorance of the law, that they can't find poor students, that poor students have to be educated separately even if admitted, and so on. Deepa A reports.

In conversation with Vinita Deshmukh, Magsaysay award winner Arvind Kejriwal talks about India's RTI movement, and worries that a formidable tool of empowerment might slip out of the hands of citizens if amendments proposed by the UPA government are enacted.

Compared to other bus corridors world-wide, the Delhi effort is a very limited one. The current design is only a busway, and the government must push forward to build a full-fledged Bus Rapid Transit system, say Dario Hidalgo and Madhav Pai.

The Delhi Metro chief's recent letter to the Planning Commission, warning that Hyderabad's model for its Metro could lead to a political scandal overlooks the subsidies his own organisation has received, writes Sunil Jain.

Monsoon reawakens Vasundhara Chauhan’s senses as she soaks in the smell and sound of rain, irresistible mangoes, pakodas, and what not.

The AAP manifesto may have talked at length about “a flexible and fair labour policy” and regularisation of contract workers, but for a vast section of daily wage-earners, such promises hold no meaning. Devanik Saha talks to one to find out why.

Venu Govindu reviews The Mahatma and the Poet : Letters and Debates between Gandhi and Tagore 1915-1941, compiled and edited by Sabyasachi Bhattacharya.

Elder abuse is on the rise in India even as most senior citizens remain unaware of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 and redressal mechanisms. Reshmi Chakraborty and Nidhi Chawla took a look at findings from a recent survey and spoke to elder helpline counselors to find a bleak picture.

Hundreds of Pakistani Hindus have taken refuge in India, seeking a better life, especially after the present ruling party had promised in its election manifesto to make India the ‘natural home’ for  all persecuted Hindus. But has India kept its word? Devanik Saha meets the refugees to seek an answer.

The traditionalists and the liberal Parsis have an never-ending debate on how to keep their community and faith alive. Recently released feature film The Path of Zarathustra directed by Oorvazi Irani looks at this debate and more. Shoma Chatterji reviews the movie and talks to the director.

2009 – mid 2014: UPA.
Mid 2014 – present: NDA.
This map will show you that irrespective of who’s at the helm, national policies and issues considered sacrosanct are not open to debate in our country.

With over 2.19 crore pending cases, the Chief Justice of India pleads again to fill the numerous vacancies in the judiciary at the earliest. Ramesh Menon reports.

With the instant triple talaq been declared unconstitutional, Shoma Chatterji finds it interesting to look back at how the Muslim identity has been represented in Hindi cinema and if it will change now.

A conniving chain of regulators, police, and contractors is profiteering upon the backs of gruelling labour by migrants. Jaideep Hardikar reports on the exploitation.

The Orissa state government is proposing to amend a law that prevents easy selling of tribal land to non-tribals. The government's argument -- that land sale is one of the important ways for needy tribals to raise immediate cash – does not appear as benign as it sounds, writes Pradeep Baisakh.

The National Rural Employment Guarantee Act (NREGA) is being implemented in Orissa in stops and starts. But by pressing for information on NREGA benefits using the sunshine law, citizens are able to hold officials accountable and are able to remedy the situation by themselves in some cases. Pradeep Baisakh has more.

Rs.500 crores of Orissa's funds for rural employment guarantees for 2006-7 appear to have been siphoned off by the state bureaucracy. This money would have brought 10 lakh poorest families two subsistence meals for four-six months, at a time of hunger and starvation deaths. Parshuram Rai has more.

The Central Empowered Committee of the Supreme Court's forest bench has put forward recommendations on how the court's order on Vedanta Alumina's plans for mining in Orissa should proceed. Kanchi Kohli reports on a continuing tale of intrigue, as the locals get one more breather.

Firdaus Ahmed provides insights from the subcontinent's brush with 'war' last year -- Operation Parakram.

A delegation of entrepreneurs from Pakistan decided to spend Id in India, exploring opportunities for their businesses and forging friendly ties at the same time. Surekha Sule reports that there are many areas where the strengths of the two nations in global trade can be mutually beneficial.

Among military planners, it is common to devise war games to counter any nuclear attack by enemy states. The theories put forward in such games, however, are not always grounded in reality. The peace community should alertly challenge such thinking, says Firdaus Ahmed.

The spurt in communal violence along the south-western coast has led to intensive searches for solutions. Some social activists see the answer in the old tradition of kadalkotis, sea courts with strong roots in tradition that kept peace among diverse faiths for centuries. N P Chekkutty reports.

The furore over the counting of minorities in the armed forces has taken attention away from what such a survey might reveal. Are the minorities adequately represented in the security services? This question too should concern secular-minded citizens, says Firdaus Ahmed.

The struggle to wrest back interpretations of Islam from the extremists could give security a boost, but more importantly, it could halt the marginalisation and ghettoisation of Muslims in India, writes Firdaus Ahmed.

There has been a massive erosion in public confidence in our criminal justice system. There have been numerous commissions set up to suggest improvements, but nothing much has come of these, writes C V Madhukar.

When the good is almost always defined in terms of one community's ascendance over another, it is not the evil in us that makes us violent. How can we reduce this, ponders Rajesh Kasturirangan.

A future government that is without the check of a strong opposition could strike out on a course that is markedly divergent from India's past record of abstinence from geo-political conflicts, writes Firdaus Ahmed.

In the 'village of widows' near the Line of Control, women had become accustomed to living off aid and alms. But in 2001, a group of women, part of Athwaas, decided to try to make things better, and something that was impossible to contemplate even six years ago, has now happened. Ashima Kaul reports.