Regularization of Unauthorized Colonies in Delhi

Law, Rights & Society August 31, 2012

Regularization of Unauthorized Colonies in Delhi: Playing with Fire!

Regularization of unauthorized colonies in Delhi is a hot issue, and it is also inevitable but to regularize them. Elsewhere, I have also opined that the unauthorized colonies have, ironically, been a boon for the citizens of Delhi. However, the Delhi government is trying to short-circuit the process of regularization of unauthorized colonies in Delhi. In the guidelines for regularization as well as in the regulations for regularization, there is…

2G Judgment

Judgments, Law, Rights & Society August 24, 2012

2G Judgment: Due Process of Law Introduced

The 2G judgment by the Supreme Court of India has introduced “due process of law” in India by linking arbitrariness in decision making to the decision itself. Let us see how. The equality, enshrined under article 14 of the Indian Constitution, can be ensured in two ways: By challenging the law/policy/action of the state on the principle of intelligible differentia and rational nexus. By invoking procedural fairness. After the Maneka…

Judicial Accountability

Law, Rights & Society August 16, 2012

Judicial Accountability in India

The two essential elements of judicial accountability in India (or wherever else) are ensurance of veracity of judicial proceedings and scrutiny of judiciary. If these two elements are ensured, there is hardly much judicary can do to do corruption. I am concisely commenting on the two elements of judicial accountability in India below. Records of Judicial Proceedings Ideally, all proceedings of the courts should be broadcasted live to the public….

Right to Privacy of Sleep

Judgments, Law, Rights & Society March 28, 2012

Right to Privacy of Sleep against Private Persons

Baba Ramdev judgment, available here, is basically a judgment on the legality of implementation of ex-parte order dt. 04.06.2011 passed by the ACP, Kamala Market, Central Distt., Delhi, u/s 144 CrPC. However, the judgment by Justice B. S. Chauhan is also a primer on the right to privacy u/a 21 of the Indian Constitution. The judgment has clearly identified the right to privacy of sleep. It is a right of…

Norway Kids Dispute

Politics & Governance March 22, 2012

The Norway Kids Dispute: Failure of Indian Diplomacy

The Norway kids dispute is tragic, reflecting the complete failure of Indian diplomacy. The only question arising in the Norway kids dispute is whether the Norway government has any right to keep the kids in their custody. The answer is an unequivocal no. Let’s analysze the case. The Norwegian authorities have forcefully handed over the custody of one three-year-old and another one-year-old kid to some unknown foster parents after reaching…

Jan Lokpal Bill

Law, Rights & Society August 23, 2011

Jan Lokpal Bill: Technical Problems

Jan Lokpal Bill of India against Corruption has too many technical problems to be taken seriously for law formulation. The Jan Lokpal Bill needs to be amended. Given below are technical problems in the Jan Lokpal Bill downloaded from the website of India against Corruption. Technical Problems in Jan Lokpal Bill Sec 4(4)(b): As per this section, no person against whom charges were ever framed in any offence involving moral…

Binayak Sen Judgment

Judgments, Law, Rights & Society March 8, 2011

Binayak Sen Judgment: A Critique

In this blog post, I will discuss the most important angle of criminal conspiracy in the Binayak Sen judgment. The conspiracy has been held to be proved against Binayak Sen. He has been held guilty under section 124A IPC read with Sec 120B IPC for conspiring with Narayan Sanyal and Pijush Guha in spreading hatred against the state. The evidence is certain letters held to be written by Sanyal. These…

Aruna Shanbaug Judgment

Judgments March 7, 2011

Aruna Shanbaug Judgment: It’s Without Jurisdiction

The Supreme Court of India (SCI) has apparently written Aruna Shanbaug judgment under its writ jurisdiction u/a. 32 of the Indian Constitution in a criminal writ petition filed before it. The criminal law in India is very clear. Any act (which includes omission) done with the knowledge that the act would cause death of a person amounts to culpable homicide/murder. By implication, any person doing any such act (omission) unto…

Unauthorised Colonies in Delhi

Law, Rights & Society December 14, 2010

Unauthorised Colonies in Delhi: A Hidden Blessing

The Role of Unauthorised Colonies in Delhi It’s ironical but true that unauthorised colonies are a boon for the citizens of Delhi. These colonies have checked black marketing of land by allowing only the real needy people to construct houses therein. Many put up an argument that DDA’s control over the land has created an artificial scarcity leading to high land prices, but actually the reverse may be true. A…

IAEA Safeguard Agreement India

Law, Rights & Society August 3, 2008

Is IAEA Safeguard Agreement wrt India Unconstitutional?

The IAEA Safeguard Agreement, India The termination clause of IAEA Safeguard Agreement wrt India is a bone of contention. As per Mr. Anil Kakodkar, the perpetuity of the safeguards is linked to the perpetuity of the fuel supplies only. This holds for the indigenous facilities as well. This is based on the interpretation of the IAEA Safeguard Agreement. However, the interpretation based on paragraph 15 (c) of the separation plan…