THE custodial death of 84-year-old Jesuit priest and tribal activist Stanis laus Lourduswamy, or Stan Swamy, is shocking, inasmuch as it was a result of pointed misapplication of a draconian law. Even the Bombay High Court la men ted: “Despite our best efforts, Father Stan Swamy could not be saved.” Whither lie our fundamental rights, enshrined in the Constitution?
The idea of civil liberties in India is dead, rotting. It suffocated, yet survived the horrible onslaught of the Moghuls, but was brutally stabbed and left to die during the Raj. Independence was supposed to resurrect the dead and hope staggered along, albeit with an ugly limp, before political apathy beat it down, again. As liberties were suspended during the Emergency, Amnesty International estimated 1,40,000 arrests, without trial, during those 20 cruel months. Those were the days of the Maintenance of Internal Security Act (MISA). Passed in 1971, it gave then-Prime Minister Indira Gandhi and her dispensation broad powers, including indefinite preventive detention, search and seizure of property without warrants, even wiretapping. Poet and activist Varavara Rao was detained during the Emergency, under MISA, as were hundreds of other intellectuals.
As memories of the Emergency faded, in 2002, came the brutal and draconian The Prevention of Terrorism Act, 2002 (POTA), passed on March 26, 2002. This replaced the Prevention of Terrorism Ordinance (POTO) of 2001. It was supposed to be softer than the Terrorist and Disruptive Activities (Prevention) Act (TADA) (1985-1995). It was anything but.
Denne historien er fra July 19, 2021-utgaven av India Legal.
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Denne historien er fra July 19, 2021-utgaven av India Legal.
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PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
