Rehabilitation of Women and Girls during the Pandemic

Information about the issue:

On 31st August 2020, an SC order sought to clear the slums around railway tracks in Delhi within three months, without any policy for rehabilitation. As concerns were being raised on the procedure to be followed in this regard, in another order dated 14th September, 2020, the Court instructed the authorities to devise a proper policy for the rehabilitation of the affected population before their eviction from the current place of residence. The SC however, did not recognize the fact that the brunt of unplanned eviction exercises has been found especially disadvantageous for women and girls.  (more…)

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What is the issue?

As per a senior government official, there are 750 slum clusters in Delhi, of which around 52 prominent ones are located close to railway tracks. The Supreme Court, on 31st August 2020, passed an Order in connection with the piling up of the waste along the railway tracks, wherein the Court has ordered for the removal of 48000 clusters that are located along the 70 km route length of the track. The Northern Railway, alongside the Government of Delhi, has started the work of identifying the slums along railway tracks and the ones lying within 15 meters of the tracks will be removed. (more…)

Legal Journey of Section 377- A Relentless Battle of Expression and Recognition

By Abhiudaya Verma, Research Associate, Policy

The legal fight in Singapore against Section 377A of Singapore Penal Code, which can be called a close counterpart of the Section 377 of the Indian Penal Code (IPC), is set to go further. On March 30th, 2020 the High Court of Singapore dismissed the plea to declare section 377A of Singapore Penal Code as unconstitutional. While upholding the law that criminalises homosexual activities between males in Singapore, the country’s Supreme Court judge also made few remarks in the Indian context saying ” I am unable to agree with the reasoning of the Indian Supreme Court given that the court appeared to have accepted a wider meaning of what constitutes “expression”, extending beyond verbal communication of ideas, opinions or beliefs”. The Indian Supreme Court on 6th September, 2018 ‘read down’ Section 377 of the IPC, making consensual sexual activity between adults no longer a criminal offence, regardless of sexual orientation and gender identity. For a country like India where public decency and morality plays a major role in deciding judgements, it was a fairly long and tough legal battle for arriving at this historic judgement. We have tried to trace the origins and the path that this legal battle took against Section 377 by enlisting a brief  history of its legal journey. (more…)

Rohingya Deportation Issue: Revamping the right to life?

By Kaushiki Kar, South Calcutta Law College, Kolkata.

Right to life is one of the basic human rights and not even the State has the authority to violate that right. Protection of life and personal liberty in India means: No person shall be deprived of his life or personal liberty except according to procedure established by law. In Maneka Gandhi vs UOI, 1978, it was established that Article 21 though couched in negative language, confers on every person the fundamental right to life and personal liberty which has become an inexhaustible source of many other rights. These rights are as much available to non-citizens as to citizens (National Human Rights Commission vs. State of Arunachal Pradesh (1996 ). (more…)

Capital Punishment: A Crime for a Crime?

By Shruti Sharma, Campus Law Centre, Delhi University.

The killing of a human being by another human being is generally known as Homicide. But not all killings of human beings are Homicidal or rather illegal. Some killings are absolutely legal and enforceable and are better known as Capital Punishments, i.e., execution of the offender. The term Capital Punishment can be defined as a lawful infliction of death upon a person. (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…)