Tag: Law

November 14, 2017 /

When no party gets a majority in an election there is unbridled enthusiasm among some legislators, individually or in small groups to help a party form the government. They cannot be faulted for this, elections are held to form a government, This leads to party hopping, the easiest way to create a majority when the electorates did not help is to put a majority in party in place.

November 10, 2017 /

An important legislation like THE MEGHALAYA COMMUNITY PARTICIPATION AND PUBLIC SERVICES SOCIAL AUDIT ACT, 2017 came into being without any element of Community Participation through Pre-Legislative consultation about its intent and content. Some of the remarks we make about the Act are due to this ‘failure’ on the part of the government to take the people and community into confidence about the law.

October 27, 2017 /

Each instance of alleged sexual harassment needs to be examined and dealt with on its own merit – with due process available both to the accused and to the accuser. Sweeping, anonymously driven collective assertions of the culpability of a cluster of named and shamed persons violates the principles of the need for rigourous individual examination of each instance, with due attention to the testimonies of victims and the defences of the accused, without which justice and resolution can never be served.

September 25, 2017 /

Satya Prasoon dissects the claims made by the Government of India in its affidavit on 18th Sept in the Supreme Court. Examining the constitutional law and international law positions he argues that the Government’s stand of deporting 40,000 Rohingyas is not legally justifiable. However, The Indian State needs to see beyond the law and frame it as a larger moral question of human suffering and loss. This case is not just about deciding the fate of 40000 individuals butalso indicates, if India is just a geographical construct or a nation with a moral core.

The new legislation has increased the recognized number of disabilities from 7 to 21(including acid attack victims).Furthermore,it penalizes discrimination, focuses on inclusive educational institutions and makes compliance with standards of accessibility as a precondition for permission to build a structure, among other things… While the Bill has been applauded by the community as an acceptance of a progressive understanding of disability, it leaves one with concerns over the provisions related to guardianship.

April 5, 2016 /

As the city of Shillong mourns the brutal attack on the teenager girl from 4 -1/2 miles Upper Shillong, East Khasi Hills District, Meghalaya, many are outraged and angry and crying for justice. Rape cases in Meghalaya seem to see a slow death as cases linger, with trauma to the victims and their families right from the beginning. It is disturbing that there is selective outrage against crimes on women and children in our state. This incident could very well not have occurred had the outrage being displayed now been there all along for each heinous crime of rape that occurred in the state including those in far flung villages which often go unreported and are silenced due to the influential links of perpetrators. We need to question this erratic display of solidarity.

March 31, 2016 /

I think it is important to talk about, given how glibly people say, “let the law take its course,” “if so and so is innocent, then justice will be done,” and such like things. What do we do, if the law taking its (long and winding) course itself acts as punishment, how do we undo that damage, should the final outcome be acquittal?