Freedom, but for whom?

By Parth Govilkar, School of Law, University of Mumbai.

In an unparalleled move by the Information and Broadcasting Ministry on 2nd April, 2018, a directive was issued, stating that, the journalists who would be found guilty of writing or broadcasting fake news would have their accreditation withdrawn for a limited period or permanently, depending upon the frequency of the offence. If a journalist would be accused of publishing fake news, then in the first instance, accreditation would be suspended for 6 months; for 1 year in case of a second complaint and permanent cancellation if the offence is repeated. (more…)

Journalism: A Brave Affair?

By Arifa Khan, Post Graduate College of Law, Osmania University, Hyderabad.

Journalism can never be silent: that is its greatest virtue and its greatest fault. It must speak, and speak immediately, while the echoes of wonder, the claims of triumph and the signs of horror are still in the air. -Henry Anatole Grunwald

Journalism is a very noble profession that makes people aware of things happening in the world around us. The journalists bring out the truth, which is why, many a time, it is considered a dangerous profession and it surely has been backed up by proper evidence. (more…)

Quem retenemento-Reservation For Whom?

By Mohammad Anas, Aligarh Muslim University, Kerala.

Reservation! A debatable topic that has always been and shall always be an issue of concern in our country. This number game is harming the society more than it is benefiting us. The idea of caste based reservation system was envisioned by William Hunter and Jyotirao Phule in various forms in 1882 and implemented by Chatrapati Sahuji in 1901. The term was changed to “Depressed Class” in 1932 by Ambedkar and later to “Scheduled Caste/Tribes” during the framing of the constitution in 1950. (more…)

The USA Freedom Act: Balanced, et al?

By Surbhi Agrawal, University of Petroleum and Energy Studies, Dehradun.

USA Freedom Act is the Legislation designed to place strict limits on the National Security Agency (NSA) Surveillance, passed by Barack Obama on June 2, 2015. It stands for Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet- collection and Online Monitoring Act.” The enactment of this Legislation has strengthened Civil Liberty and provided greater public confidence. The USA Freedom Act restricted the NSA from secretly collecting the phone records of tens of millions of Americans. The NSA does not involve itself just in listening or recording conversation but this spy agency uses this data to analyze the calling patterns with an effort to detect terrorist activities. (more…)

Lifting of AFSPA in Tripura hailed as “Victory for Sanity”

By Surbhi Agrawal, University of Petroleum and Energy Studies, Dehradun.

It all started when Terrorism was at its peak in the State. AFSPA, i.e., Armed Force (Special Powers) Act, is a controversial law which gives sweeping emergency powers to the Army in troubled areas. This power is not only an inadequate power but an unlimited power which creates a fear in the mind of an individual. The Act was first imposed in Tripura in 1997 when the insurgency was at its height. Armed Force (Special Powers) Act was later enacted in Assam, Manipur, Mizoram, Meghalaya, Nagaland, Arunachal Pradesh, Punjab, Chandigarh, Tripura and Jammu & Kashmir when the State was in spurt of violence by the ultras. AFSPA provides an unlimited power to Armed forces like, to shoot at sight, arrest on flimsy pretext without a warrant, conduct warrant-less searches without consent, keep suspects in custody without trial and demolish structures in the name of “aiding civil power”. These powers result in some non-statutory powers, which are the result of human nature, i.e., increment in the greed, like power of raping, torturing, humiliating and also killing Indian Citizens for five decades without fear of being held accountable. They treat themselves as a king as they know that for acts, which are undertaken under the Act, they wouldn’t face any legal action. As the AFSPA protects the forces from litigation and investigation for counter-terror operations, it works as an excuse for army excesses. (more…)

Freedom of Speech v. Freedom after Speech

By Sneha Baul, CLC, Faculty of Law, Delhi University.

The Part III of the Constitution of India enumerates the Fundamental Rights. Freedom of speech and expression comes under “Right to particular freedom”. The rationale of its validity is that the fundamental rights are basic structure of the Constitution. Any law that abrogates or abridges such rights would be violative of the doctrine of basic structure.[1] Article 19(1)(a) says that all the citizens shall have the right to freedom of speech and expression. (more…)

Struggle for Dignity: The Voice of Queer Peripheral

By Ankit Sharma, Siddhartha Law College, Dehradun.

 “Why is it that, as a culture, we are more comfortable seeing two men holding guns than holding hands?”
                                                                                                                                             Ernest Gaines

Should the Lesbian, Gay, Bisexual, and Transgender collectively known as ‘THE LGBT’ community in India continue to remain in the shadow of criminality? The de-criminalisation of homosexuality is now a myth. The Supreme Court of India has overturned a reading of Section 377 of Indian Penal Code and refused to review it or even to peruse it. Could this intolerance go so far as to allow for state tolerated slaughters against queer people? Or will it restrict itself to “merely” vigorously opposing the repeal of Section 377? Will this be going to Parliament to figure out the rights of LGBT community? Can’t Parliament take action? These are few questions which are yet to be answered. These questions reminds me the dilemma during the emergency when the SC fell in line in the Habeas Corpus case to hold that Indira Gandhi could even suspend the right to life, has it let down the cause of personal liberty as much as it has done in the Naz Foundation Case on 11.12.2013.[1] (more…)