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Friday at the court


What's the difference between hearing a case, and merely setting a date for hearing it? Dilip D'Souza isn't quite sure, after yet another day spent answering a court summons. Justice, he learns first-hand, is riding on a prayer, and is often at least one more hearing away.




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Legislate, then contradict


Suman Sahai discusses a public interest litigation that seeks to ensure that the rights granted to farmers on seeds as per India's 2001 plant varieties protection law are not taken away.




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Contemptible, but true


The government proposes to permit truth as a valid defense in contempt-of-court cases, but prefers to leave it to judges to decide when it should be allowed.




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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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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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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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Indian Medical Council (Amendment) Bill


The Central government proposes to shuffle the composition of the IMC and bring in more of its own appointees, reducing elected members to a minority. The government claims this will increase the IMC's accountability, but will it also turn it into an arm of the government? M R Madhavan and Ruchita Manghnani 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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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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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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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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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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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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'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.




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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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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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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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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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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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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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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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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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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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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.




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Understanding the Bt Cotton maze


The Bt Cotton debate is a vexing one. Proponents praise the technology, while NGOs charge that it has failed farmers and is too risky. Dr Ronald Herring teaches political economy and political ecology at Cornell University and has been studying the transgenic movement in India. He talked with India Together's Subramaniam Vincent.




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Modi-Nitish Kumar 'shadow boxing' to continue: Dr. Sandeep Shastri


Given the complex and dynamic political scenario in India today, where is the country's leadership headed? How will people vote in the assembly elections this year and how will it impact the national outcome? Eminent political scientist Sandeep Shastri shares his views on that and more with Satarupa Sen Bhattacharya




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A culture of deference and sycophancy


In a candid conversation with India Together, eminent scholar, author and historian Ramachandra Guha shares his thoughts on leaders of the past and present and their legacies for the future of India.




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The Telangana prophecy: Will more states mean more conflict?


With the government clearing Telangana as India's 29th state, long-standing demands for separate states in other parts of the country have gained fresh momentum. This could be a foretelling of many more states to come, but would that necessarily augur ill for the unity of India? Noted historian Ramachandra Guha shares his thoughts.




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"Compelling citizens to take an Aadhaar card is unconstitutional"


In December 2012, retired Justice K S Puttaswamy filed a PIL that recently culminated in the Supreme Court passing an interim order, forbidding authorities to make Aadhaar mandatory for provision of essential services. Bosky Khanna finds out what his key objections to this ambitious project are.




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In conversation with an alleged terrorist


Abdul Nasser Madani, a key accused in the 2008 Bangalore serial blasts, waits in vain for his trial to be speeded up after countless adjourned sessions of court. PN Venugopal recounts the circumstances of the case and talks to Madani himself to discover how rules become exceptions in such cases.




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Community radio gets its day


After years of meetings, letters, discussions, workshops, petitions, and even some international pressure, New Delhi has decided to move forward and open up radio broadcasting in a way it never was until now. Subramaniam Vincent says radio will be the winner, and there's much more to be done.




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Corruption eats into children's meals in Madhya Pradesh


Despite the tall claims made by the state government and an increase in attendance in the schools, children at many places are simply not getting mid-day meals at all, or are getting it in insufficient quantities. Shuriah Niazi did a reality check.




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CAG: Compensatory afforestation a hoax in M.P.


The Comptroller and Auditor General (CAG) carried out a comprehensive performance audit on the diversion of forestland for non-forest purposes in Madhya Pradesh. The result: exposure of significant cases of violations and the virtual non-execution of compensatory afforestation measures. Himanshu Upadhyaya has more.




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Equal compensation for equal loss


The Madhya Pradesh High Court has ruled that excluding canal oustees from the R&R policy applicable to its dam projects is discriminatory and unconstitutional. Shripad Dharmadhikary reports.




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Narmada dams continue to roll over the rules


It is 23 years since the Indira Sagar project was cleared and 17 for the Omkareshwar dam, but in neither case is there a rehabilitation plan in place. The construction, however, continues. Kanchi Kohli reports.




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Competing effectively in MP panchayats


Panchayats of Madhya Pradesh provide reservation of up to 50 per cent for women, but the participation of women in governance has gone beyond such new roles. Shirish Khare reports on how women leaders are transforming the very traditions and symbols of grassroots politics.




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Her mind, her country


The State Council for Educational Research and Training in Delhi has taken a surprisingly different approach in its preparation of text books for students in classes 6-8. Dipta Bhog was coordinator of the team for Civics books.




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Concrete pressure on Delhi’s greenery


Unmindful of clear urban development guidelines, the Delhi municipality is replacing greenery lined pavements with tiles, followed by a yearly ritual of retiling with newer designs. Kanchi Kohli writes about the unchecked concretization.




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Sewers becoming death holes


Sewer cleaners must be provided instruments to check poisonous gases, blowers to throw out polluted air, torches, gloves, etc., say government rules. But with Delhi municipal authorities ignoring safety measures, 10 workers recently died in a span of just one and a half months, reports Pankaj Chaturvedi.




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Delhi authorities condone vicious attacks


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.




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Delhi water project soaked in controversy


24/7 water for an Indian city? Unclear motives of the Delhi government in applying for a World Bank loan, possible hiccoughs in the supply anyway, and questions about the World Bank's role itself are irking a number of local NGOs and civic groups. As they increase pressure on the government to change course, Varupi Jain reports.




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Diesel threat in cities continues to rise


The sulphur content of diesel in India is 350 particles per million, twenty times that of the United States. Diesel exhaust is far more hazardous than petrol exhaust. Yet, diesel cars in Indian cities are rising with the association of automobile manufacturers pushing hard for it. Darryl D'Monte has more.