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Crime & Justice / theleaflet

Saving the Constitution has become a major poll issue

With so many calls for changing the Constitution made by people associated with the ruling regime at the Union level, civil society and opposition have come together to make it a major election issue, writes S.N. Sahu. THE issue of saving the Constitution from the relentless onslaught of the Modi regime has become a defining theme of the general elections that are underway right now. It has become a nationwide issue. In particular, people in states such as Madhya [] The post Saving the Constitu

2 May 2024 5:22 pm
EVM judgment misses the crux: The democracy principle

Court judgments are informed by a wide variety of factors, and when the factors change, the judgments change too. Here, Prof. Arun Kumar hopes that the recent EVM judgment will change sooner rather than later. The post EVM judgment misses the crux: The democracy principle first appeared on The Leaflet .

2 May 2024 1:05 pm
Towards a fair future: Integrating social protection, climate justice and labour rights of waste pickers in Delhi

As global discussions on climate change intensify, there is a growing emphasis on finding solutions to, adapt to and mitigate its impacts. Among the many variables causing climate change, the increasing waste crisis emerges as a significant threat. Nowhere is this more palpable than in countries such as India, where rising consumerism has caused an unchecked increase in waste generation that has resulted in the growth of landfills. On this Labour Day, as we reflect on the contributions and strug

1 May 2024 1:49 pm
Rethinking May Day in the current context of Indian capitalism

Now is the time to revisit the message of the Haymarket Affair, which in essence is taking place every day everywhere in the country, writes Ishita Mukhopadhyay. The post Rethinking May Day in the current context of Indian capitalism first appeared on The Leaflet .

1 May 2024 1:37 pm
Workplace sexual harassment law in India: Building a case for a law focused on women workers

Men and transgender persons also face harassment at the workplace, but the solution is not to include them within the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, writes Dr Anagha Sarpotdar. VIOLENCE prevents employment and blocks access of women to financial resources as demonstrated by several international reports such as those by the International Monetary Fund (IMF) [(2015) and 2022] and the World Bank (2018). As Bhuyan and Aggarwal (2017) and

1 May 2024 1:12 pm
May Day: Labour rights are more about procedures

A closer engagement with the new labour codes can reinvigorate Indias workers movement while providing much-needed solace to the unorganised sector, writes Shyam Sundar. GREAT episodes such as May Day reflect the actual and potential struggles for labour rights both at the macro-systemic level even as they define the polemic nature of capitallabour relations. For the working class movement, the State is at once a friend and a foe. It is essentially capitalistic yet is an agency for realising []

1 May 2024 12:54 pm
Kashmir: Unsung heroes of the worlds first labour movement

Not many people know that the first trade union movement in the world has origins in Kashmir dating back to 1865. The post Kashmir: Unsung heroes of the worlds first labour movement first appeared on The Leaflet .

1 May 2024 12:31 pm
Ecological crisis and the role of the working class

The agents of such a holistic revolution to save Mother Earth are not simply the working class in a traditional economic sense, but also the ecological proletariat, a dedicated army of an ecologically conscious working class, writes Rana Mitra. The post Ecological crisis and the role of the working class first appeared on The Leaflet .

1 May 2024 11:37 am
Return of May Day in the din of elections: Taking stock and moving forward

Hard-won labour rights have receded in the face of new labour laws to promote ease of doing business, informalisation of work, and the trappings of the start-up culture in India, writes Maya John. May Day began to be commemorated in India 101 years ago. The first programme, organised in the city of Madras on May 1, 1923 is credited to M. Singaravelu Chettiar, who was a towering nationalist figure, and an early communist associated with the anti-caste movement. By [] The post Return of May Day i

1 May 2024 11:00 am
Invisible labour, visible resistance: Domestic workers fight for rights

On Labour Day, we commemorate the historical struggles of workers movements in a world and country where labour rights are increasingly ceded to the interests of capital, writes Amala Dasarathi. The post Invisible labour, visible resistance: Domestic workers fight for rights first appeared on The Leaflet .

1 May 2024 10:30 am
In Modis India, are there echoes of Nuremberg?

All the doublespeak in the Citizenship Amendment Act, 2019, the National Register of Citizenship and the so-called love jihad laws cannot hide the slow death of citizenship of Muslim Indians, writes Harsh Mander. The post In Modis India, are there echoes of Nuremberg? first appeared on The Leaflet .

30 Apr 2024 6:28 pm
Navigating the ethical divide: Judges, politics and public trust in the Indian judicial system

The proximity of politics and the judiciary creates an unnecessary apprehension of osmosis. How can Indias judicial system allay this fear? The post Navigating the ethical divide: Judges, politics and public trust in the Indian judicial system first appeared on The Leaflet .

29 Apr 2024 7:45 pm
Subjecting the CAA Rules to proportionality

Can the test of proportionality, developed in detail by the Supreme Court of India over the years, be applied to the implementation of the Citizenship Amendment Act? The post Subjecting the CAA Rules to proportionality first appeared on The Leaflet .

28 Apr 2024 5:26 pm
Judiciary needs to dig its heels in on the slippery slope of ultra-nationalism to ensure accountability survives

When the words of a sitting Supreme Court judge begin to resemble those of lawyers and retired judges of a certain idealogy, who conflate accountability with anti-nationalism, it is a dangerous sign, writes Rohin Bhatt. The post Judiciary needs to dig its heels in on the slippery slope of ultra-nationalism to ensure accountability survives first appeared on The Leaflet .

27 Apr 2024 6:23 pm
Milords EVM

You have a right to vote No doubt thats fundamental But wanting to check and verify Means you have a problem mental Presume constitutionality Trust all ministers and PM Doubt only the vested interests Spare the foolproof EVM Focus on growth of the nation Dont discuss this and that For benefit of those who doubt They have arranged the VVPAT EC is doing a marvellous job Keeping everything free and fair Those who mount challenges To cast votes may not [] The post Milords EVM first appeared on The L

27 Apr 2024 3:28 pm
What is the PIL on the quid pro quo in the electoral bond scheme all about?

Preliminary examination of electoral bonds data has revealed a strong possibility of quid pro quo. What are the legal dimensions of the issue? The post What is the PIL on the quid pro quo in the electoral bond scheme all about? first appeared on The Leaflet .

26 Apr 2024 1:31 pm
Will the judiciary watch silently as the ECI abdicates responsibility to curb hate speech by the PM?

If the Election Commission of India continues to fail its duty, the judiciary must intervene to take action against hate speech by Prime Minister Narendra Modi, writes S.N. Sahu. THE Election Commission of India (ECI) has taken no action on Prime Minister Narendra Modis communally divisive speech delivered in Banswara, Rajasthan on April 21 in violation of the Model Code of Conduct (MCC) and several Sections of the Representation of the People Act, 1951. It clearly shows that the [] The post Wi

24 Apr 2024 3:05 pm
The uncanny Throckmorton: An Indian resurgence of a 500-year-old trial

What can a five-hundred-year-old case from England tell us about the India of today? The post The uncanny Throckmorton: An Indian resurgence of a 500-year-old trial first appeared on The Leaflet .

24 Apr 2024 12:05 pm
Lawless laws: The criminal law amendments and decolonisation as an anti-feminist goal

The three new criminal laws meant to overhaul Indias criminal justice system are set to come into force on July 1, 2024, but beyond packaging old wine in a new bottle, do even the new provisions move forward the cause of justice? The post Lawless laws: The criminal law amendments and decolonisation as an anti-feminist goal first appeared on The Leaflet .

23 Apr 2024 4:42 pm
Calling for bridging the gap between public perception and ECI information on EVMs and VVPATs, SC reserves judgment

A detailed analysis of the demand for 100 percent cross-verification of votes cast on EVMs and VVPATs in which the Supreme Court has reserved judgment. ON the eve of the first phase of the Lok Sabha elections, the Supreme Court has reserved judgment on a batch of petitions demanding 100 percent cross-verification of votes cast on Electronic Voting Machines (EVM) with Voter Verified Paper Audit Trails (VVPATs) or revert to the ballot paper system. The Association for Democratic Reforms [] The po

21 Apr 2024 7:45 pm
Justice Mandavli

Time is money for all professionals. In many countries, the concept of billable hours is well established. Thus, the amount you pay a professional is supposed to be commensurate with the time the professional spends on the work. This is true for the medical as well as the legal professions. In our country, except in the commercial capital and big metros, the concept of billable hours has not really taken off. Fixed fees or lump sum charges are still the [] The post Justice Mandavli first appeare

21 Apr 2024 11:41 am
90 percent of the Constituent Assembly, Modi and Ambedkar

Modis statement that 90 percent of Constituent Assembly members were Sanatanis and they supported B.R. Ambedkar in framing a great constitution offends Ambedkars legacy, writes S.N. Sahu. The post 90 percent of the Constituent Assembly, Modi and Ambedkar first appeared on The Leaflet .

20 Apr 2024 4:29 pm
Can campaigns for free elections be run during elections? Supreme Court issues directions

A Bench of Justices B.R. Gavai and Sandeep Mehta passed an interim Order directing district magistrates across the country to decide on applications submitted for permission to hold yatras to educate voters about elections within three days of receipt. The post Can campaigns for free elections be run during elections? Supreme Court issues directions first appeared on The Leaflet .

20 Apr 2024 12:46 pm
Election Commission of India amidst diminishing public confidence

Historically, the Election Commission of India has done a commendable job of taking India from a fledging democracy to a place where it claims to be the mother of democracy, but recent developments suggest an urgent need for course correction. The post Election Commission of India amidst diminishing public confidence first appeared on The Leaflet .

19 Apr 2024 5:46 pm
Remains of the day: Exploring some ideas from Article 32: History and the Future

A musing on some of the ideas and questions emanating from the programme on Article 32 organised by The Leaflet and the Society for Constitution and Social Democracy. The post Remains of the day: Exploring some ideas from Article 32: History and the Future first appeared on The Leaflet .

18 Apr 2024 3:19 pm