Dissent in the Times of Sedition

The law against Sedition or Seditious Libel has been in existence for hundreds of years and is a remnant of the monarchial rulers. In India, the law of sedition is the legacy of the colonial rule in the form of Section 124 A of the Indian Penal Code (IPC), 1860 which defines the offence of sedition as an offence when a person “by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India”.

In simple terms, Oxford English Dictionary defines sedition as “actions or speech which encourages rebellion against the authority of a state or ruler”. The law of sedition therefore takes within its ambit myriad forms of expressions and is often found to be infringing upon the precious freedom of speech and expression guaranteed under the Constitution.

Law, National, Politics

May 9, 2019

The SC’s Tryst with Sexual Harassment Cases: From Vishakha to Gogoi

It is often said that India joins a global movement a bit late. In October 2017, Hollywood erupted with allegations of sexual harassment and sexual assault against a big time producer, Harvey Weinstein, by several actresses and actors. Thus, began the #MeToo Movement in North America and Europe that soon engulfed most countries around the world.

In India, the #MeToo movement hit the ground exactly a year later, i.e., in October, 2018, when journalists, actresses from Hindi/Tamil/Telugu/Malayalam industries and women in the advertising field spoke out against entrenched sexual harassment at their workplaces by their male bosses or colleagues.

Gender, Law, Opinion

April 27, 2019

A Matter of Great Public Importance—Sexual Harassment or Bench Fixing or Both?

An ordinary lawyer like me is bemused, as the Supreme Court finds itself facing its biggest credibility crisis. Again.

After allegations of sexual harassment and victimization levelled by a former employee of the Supreme Court against the Chief Justice of India were made public last week, the manner in which these allegations were handled by the Court rightly came under widespread criticism.

Law, Opinion

October 13, 2017

SC decision on case of women’s entry into Sabarimala prompts mixed reactions

More than a decade after the Indian Young Lawyer’s Association filed a petition seeking lifting of ban on women’s entry in Sabarimala Ayyappa Temple, a three-member bench of Supreme Court (SC) headed by Chief Justice Dipak Misra, referred the case to a Constitution Bench on Friday. The petition assailing the Rule 3 (b) of Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, was filed in the year 2006 and the rule has been flayed on the grounds of violation of right to equality and discrimination on the basis of gender.

On March 7, 2008, the Court referred the case to a three-member bench. A hearing in the case was held only on January 11, 2016. In February 2017, the Court said it might refer the case to a Constitution Bench. Following it, the three-member bench including CJI Dipak Misra, Justice R. Bhanumathi and Justice Ashok Bhushan referred the case to a Constitution Bench on October 13, 2017.

Multiple opinions

Law, Life, Opinion, People, Religion

October 12, 2017

Solar scam: Opposition accuses Government of attempting to scar Vengara by-election

The Opposition parties on Wednesday alleged that the only motive for the State Government to announce its decision on solar scam on the same day of Vengara by-election was to scuttle the election process there.

They said that the Government’s move to announce the details of the Solar Commission report on the day of the by-polls was politically motivated. Former Chief Minister Oommen Chandy said that he was not afraid of the Commission’s findings and asked the Government to make the Commission report available to the public.

The need for a by-election arose at Vengara, an assembly constituency in Malappuram, after P. K. Kunhalikkutty resigned as MLA. He had got elected to the Lok Sabha from Malappuram, succeeding the late E. Ahmed. The candidates for the by-election were K. N. A. Khader ( Indian Union Muslim League), CPI (M)’s P. P. Basheer, K. Janardhanan (BJP), K. C. Naseer of Social Democratic Party of India (SDPI), two independent candidates Sreenivas and Hamza Karumannil.

Corruption, Law, Life, People, Politics

October 9, 2017

No one informed us about the renewal of EC for LPG terminal: Puthuvype Samara Samithi

The Puthuvype LPG terminal Virudha Samara Samithi has alleged that they were not informed about the Union Ministry of Environment and Forests’ decision to renew the environmental clearance (EC) for the upcoming LPG terminal.

The Samara Samithi leaders said that while a dispute was on, it was the offices concerned’s responsibility to inform about the renewal of EC through the Court. The LPG terminal project is facing the wrath of Puthuvype natives who are on an indefinite strike.

The Samara Samithi had filed an appeal before the National Green Tribunal (NGT) challenging the Union Ministry’s order granting the extension of validity of environmental clearance for the terminal. However, the Tribunal dismissed the appeal on the grounds of limitation. As per the NGT norms, the appellant must have approached the tribunal within 30 days of issuing the order. The NGT while dismissing the appeal pointed out that the Samara Samithi challenged the order 60 days after the date of communication of the order.

Environment, Health, Law, Life, People

October 3, 2017

Devastated by medical negligence, parents of deceased three-month-old fight for justice

“We will fight this battle until my kid is granted justice,” vows Remya, who has been engaged in an indefinite strike in front of the Secretariat seeking justice for her three-month-old daughter Rudra.

The baby died at Sree Avittom Tirunal Hospital (SAT) for women and children, located on the Thiruvananthapuram Medical College campus, on July 10, 2016, succumbing to kidney failure caused by sheer medical negligence. The parents of the baby and her three-year-old sister Durga have been seeking justice ever since the incident last year. Since the Government failed to bring the culprits before law, the family recommenced their indefinite strike in March 2017. The parents also performed Puja ceremonies with the medical records, in front of the Secretariat, during Navratri.

Remya, Rudra’s bereaved mother, speaks of the hardship her family has been going through to The Kochi Post. “When we took Rudra to SAT for the first time on July 14, 2016, she had only some rashes on her buttocks caused by the napkin. The doctors there said that there was nothing to worry and such cases even did not need medical help. But they anyway asked us to consult a skin specialist and following this we took Rudra to the Medical College on the same day.”

Crime, Health, Law, Life, People

September 25, 2017

Attack on Uber driver: State Motor Workers’ Union files complaint seeking women’s arrest

“I took up this job two years ago because I thought this would be a decent one. I felt since we were working affiliated to a company, there would be professionalism in passengers’ approach towards us. This incident compels me to feel otherwise. It is not the money that I lost to the hospital, but the shame I was subjected to that irks me,” says Shafeeq, the Uber taxi driver who was brutally beaten up by three women in Kochi on Wednesday morning.

Shafeeq is one among the many online taxi drivers who feel insecure owing to the work pressure and the meagre amount of money they collect at the end of the day. “It is the first time in my life I faced such a drastic situation. I am married and staying with my family which includes my wife, kid and parents. How can I face my family members having been beaten in the public by strangers for no reason. My mother fainted when she saw the video of the women beating me. How can a mother witness such a scene? I don’t think that I will be able to join work soon. My doctor asked me to take enough rest and then start work,” he said.

Shafeeq, along with the leaders of Kerala State Motor Workers’ Union held a press meet on Monday at the Ernakulam Press Club. The Union has filed a complaint with the Home Minister, Transport Minister, DGP, Transport Commissioner and Kochi City Police Commissioner, demanding to book the three women, who manhandled Shafeeq, for attempt of murder. It has also sought compensation for Shafeeq who faced the embarrassing situation, safety for all online taxi workers and more Government control on the exploitative foreign online taxi companies.

Crime, Daily, Law, Life, People

September 19, 2017

T. P. Senkumar case: State Government shelled out Rs. 20.14 lakh for its lawyers

Governments’ unwise decisions and policy firmness often end up in huge loss to the exchequer. One typical example is the T. P. Senkumar’s case in which the State Government had to spend lakhs of rupees in various ways. It is informed that the Government had to spend more than Rs. 20 lakh in the name of fees for the lawyers who appeared for the Government.

Senkumar while serving as the Director General of Police (DGP) in Kerala was removed from the position by the Government in April 2016. He was then appointed as the chairman of Kerala Police Housing and Construction Ltd and consequently Loknath Behra was appointed DGP.

Senkumar had appealed before the Central Administrative Tribunal and had maintained that his removal was against the norms of Kerala Police Act. According to the Act, the term for a DGP is two years. Senkumar had not served his period when he was removed. The officer had also approached the High Court but the verdicts by both of these institutions were against him. Later Senkumar filed a petition before Supreme Court which directed the Government to reinstate him.

Law, Politics

September 16, 2017

Nine-year-old turning HIV+: DMO says rare chances of infection during transfusion

As the row over the nine-year-old cancer patient from Alappuzha found infected with HIV following blood transfusion at Regional Cancer Centre (RCC), Thiruvanathapuram, continues, former Health Minister V. S. Shivakumar has urged the Government to examine the situation scientifically and find out what exactly had happened. He further asked the Government to bear all the treatment expenditure of the victim.

The girl, an Alappuzha native, was diagnosed with acute leukaemia and has been undergoing treatment at RCC since March. She had undergone blood transfusion several times at the hospital which is an autonomous institution jointly established by the Government of Kerala and Government of India. The girl was found HIV positive in a blood test conducted in August after she underwent blood transfusion. Meanwhile, the parents of the child have been found HIV negative.

It is informed that there was a deliberate attempt by the RCC officials to hide the information about the infection.

Health, Law, Life, People