An Office Memorandum, directing all secondary and senior secondary schools to conduct prayer for twenty minutes, issued by the Government of Rajasthan became the subject matter of challenge in a petition before the High Court. Twenty minutes’ prayer time was trifurcated; five minutes for prayer, National song, National anthem, next 10 minutes for Suryanamaskar (Salutation […]
Due Process and Law Enforcement – Published in The Statesman
The curtailment of civil liberty in the form of detention of a civilian has a long history. In third world countries, like India, police officers and generally the Courts take view that ‘the end justifies the means’. In their eyes, taking unauthorized liberties in stopping, questioning and searching a citizen is commendable police work, if […]
Compensating the Victims of Crime – Published in Millennium Post
Monetary compensation should be given to victims of the criminal justice process In a modern constitutional democracy, the criminal justice process is the responsibility of the government. This process encapsulates everything from the involvement of police to the date of registration of crime till the conclusion of a criminal trial by court. Ordinarily, in the […]
Poll Manifestos are Mere Promises – Published in Millennium Post
The election manifesto should be an enforceable social contract between political parties and citizens. The political manifesto or its idea thereof has a long history. As early as 1848, the Communists released their manifesto; in 1850, the Anarchists, believing in a stateless society, released their manifesto. Then it was the Fascists who issued the Manifesto […]
Conversion, re-conversion and its limit! – Published in Millennium Post
How can the RSS and its affiliates establish markers of Hindu religious identity, and promote re-conversion, when they are not in consonance with the understanding held by a majority of people from their own faith? The concept of belonging to a particular religion or identity in a diverse country like ours has been a contentious issue. […]
Fighting Old Battles With New Tricks – Published in Millennium Post
The issue of ‘Love Jihad’ has drawn attention of many activists, academicians and lawyers and everyone who has taken a stand. Recently, two different views were published in one leading national daily, one after another. Madhu Kishwar wrote justifying the existence ‘Love Jihad’ and opined that ‘the angst about ‘love jihad’ has to do with surreptitious […]
Control, Alter and Encounter – Published in The Millennium Post
The Supreme Court, speaking through the Chief Justice of India, has laid down the norms, which will certainly create accountability on the police personnel involved in the killing of civilians in encounters. This is an another example where the Indian executive and legislature have failed despite recurring and repetitive grievances from the citizens and civil society […]
Curious Case of Hobby Lobby – Published in Millennium Post
Few weeks before, a nine-judges’ bench of the Supreme Court of the United States took a view on the issue as to whether a for-profit business corporation can take the plea of violation of religious freedom and belief for not complying with the contraceptive mandate coverage for women under the medical insurance flowing from the Patient […]
Separate Law Needed for Organized Violence – Published in The Milli Gazette
One of the chapters of our Constitution makes certain duties “obligatory” and “fundamental”. These duties have put the citizens under certain obligations towards the Nation and Society. These duties include: duty to develop scientific temper, protect rich heritage and composite culture, environment, National Flag etc. This is different from the Chapter of Fundamental Rights wherein […]
Fatwa and Problem of Perception – Published in The Millennium Post
If a formal opinion is sought from an Islamic scholar, competent to issue such opinion, on an Islamic issue that may be understood as a ‘fatwa’. To put it more succinctly, it’s the formal opinion given on a judicial or legal question to understand the legal position as per Islamic law. It is like an […]