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‘Leprosy is still a stigma in India’

June 26, 2014
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Grassroots - Law
|
By: 
GOI Monitor Desk
Gandhiji giving massage,to a leper patient, the Sanskrit scholar Parchure Shastri, at Sevagram Ashram in 1940. Source: Wikimedia Commons

How can access to education and good healthcare change somebody's life is evident from Suresh Dhongde's success. At one point of time he was staring at possibility of a life wasted. Today, the 35-year-old is a proud recipient of the national award for being a role model in overcoming leprosy. Not only is he helping other leprosy-affected people join mainstream, but also trying to break well-entrenched stereotypes related to the disease. He is fighting against several laws and rules which discriminate against leprosy patients.

 

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'Anuradha's case has fueled public interest in patients' rights'

January 23, 2014
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Law
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By: 
GOI Monitor Desk
Anuradha Saha

Dr Kunal Saha's wife Anuradha died due to medical negligence in 1998. He pursued the case for 15 years through various consumer courts, MCI, high court until Supreme Court passed a historic order three months back. It not only awarded the highest compensation so far in a medical negligence case but also questioned the treatment of doctors, a first in Indian legal history. Here Dr Saha talks about the shortcomings in present Indian law and his plans to help other victims of medical negligence.

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'Most cases of humiliation go unreported'

March 12, 2012
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Law
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By: 
Dhairya Maheshwari

Late Javed Abidi, a vocal disabled rights' activist, who was at the forefront of disability revolution in India, talked to GOI Monitor in 2012 about the present state of affairs and lacunae in laws 

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A Rosetta Stone to environmental law

October 28, 2016
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Environment - Law
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By: 
GOI Monitor Desk
Diversion of forest land is one of the biggest concerns for villagers dependent on forests.

This document is a valuable resource that comprises important legal changes and events of last three years with reference to previous laws. Written by well known practitioner Kanchi Kohli, the e-book lists down steps that can be taken to secure people’s rights over land, forests, water and biodiversity. And all this is explained through instances where common men and women explore the nitty gritties of environmental laws. So, we have Sarita tai worried about construction of railway line through a forest and Kavita who is intrigued by a company official asking for her village land to do compensatory afforestation for a distant project 

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Amit Jethwa case: A ray of hope for slain RTI activists

July 7, 2019
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Law
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By: 
GOI Monitor Desk
Amit Jethwa was shot dead for opposing illegal mining  Source: Jignesh Jethva/Wikicommons

Conviction of former BJP MP Dinu Solanki and six others in murder of Right To Information (RTI) activist Amit Jethwa is a victory of Indian justice system. The country has seen 83 murders and 165 assaults on RTI activists since the Act came into force in 2005, says the mapping exercise being done by Commonwealth Human Rights Initiative (CHRI). In this scenario, the conviction in Amit Jethwa case holds out hope for many families of activists killed over seeking information

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Amit Jetwa case: Can we expect a fair probe?

October 12, 2012
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Law
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By: 
GOI Monitor Desk
Amit Jethwa was shot dead for opposing illegal mining  Source: Jignesh Jethva/Wikicommons

Khamba is a small village on the edge of Amreli district in the south east region of Gujarat. Proximity to the coastline and world famous Gir forest in neighbouring Junagarh district underscores the need for environment protection of the region

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Data protection bill: Ruse of security

July 10, 2020
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Law
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By: 
Anushka Sharma
Security agencies can easily spy on personal online information. Source: GOI Monitor

Indian government promised that it will come up with a robust data protection regime but the draft personal data protection bill tabled in Lok Sabha in December 2019 did not instill confidence. Experts pointed out that the bill grants exemptions to the government to collect personal data on grounds of prevention and detection of crimes, without any judicial oversight. The bill also proposes a government-controlled Data Protection Authority which was expected to be an independent regulator

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Down on her knees

June 25, 2013
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Law
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By: 
GOI Monitor Desk

June 16 was 'Father's Day' and lovely quotes on fatherhood spilled over from mainstream media to facebook and twitter. June 16 was also the 'International Domestic Workers' Day' and it seems nobody really noticed. A few women workers with placards marched on the streets of Chennai seeking fixed minimum wages but then again nobody was really interested. As long as houses were cleaned, dishes done and kids put to bed there was not much trouble in the world. No matter how essential the services of domestic workers are, the reality is as harsh as the respect given to their profession.

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E-cigarette bill is not worth the paper it is printed on

December 9, 2019
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Health - Law
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By: 
Hemant Goswami
Electronic cigarette is one of the nicotine delivery devices.

The Prohibition of Electronic Cigarettes Bill 2019 is an absolutely diluted piece of legislation, which fails to address the grave issue of nicotine-laced products. It’s just an all bark no bite legislation, not worth the paper it’s printed on. It partially addresses only e-cigarettes, which is less than one percent of the real problem of nicotine abuse. Such piecemeal restriction of e-cigarettes will only help the tobacco manufacturers and cigarette companies as it will eliminate their competition

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Ghaziabad temple incident and our absurd definitions of sexual assault

March 25, 2021
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Law
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By: 
Rahul Chaudhary

We still relate sexual assault to 'lust' rather than 'power' and view it as a form of desire, not abuse of power. Sexual assault / rape takes place in riots and wars because domination over the opponent’s private parts without their consent is the ultimate display of power. On the other hand, the rape law remains gender specific setting in stone the identities of victim and preperators. Section 377 also doesn't encompass all sexual offences

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How Draft EIA 2020 will impact environment

July 30, 2020
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Environment - Law
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By: 
Soujanya Rangawar
EIA regulates impact of development projects on surrounding ecosystem.

Environmental Impact Assessment sets in place a legal framework for regulating activities that impact the natural resources and people. Many environmental activists call the draft detrimental towards protecting the already deteriorating environment. The draft allows a freer reign to industrial projects while limiting public consent and interference. Some of the major changes include post facto clearance which means industries can start projects and get environmental clearances later, reduction in minimum notice period for public hearing and no scope for public complaint about violations

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Immunity to proxy play

June 15, 2011
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Law
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By: 
GOI Monitor Desk

The controversy related to black money is turning out to be a major embarrasment for the UPA government. However, while Baba Ramdev raises cudgels against the money stashed in foreign banks, nobody seems to care about the  undeclared wealth which exists right here in Indian territory. According to a World Bank study, in 2006-07 black money in India amounted to Rs 15 lakh crores, almost one-fourth of the country’s GDP.

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In defence of the defence lawyers

November 20, 2013
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Law
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By: 
GOI Monitor Desk
Shahid was the movie made on life of lawyer Shahid Azmi who was killed in 2010.

How do you decide whether a person arrested for an offence is guilty or innocent? In India, if it's an act of terror, the name of the accused is sufficed. A Muslim is guilty without trial and nobody should defend him. Violent attacks on lawyers of terror accused, many a times even on the court premises, are justified in the name of patriotism. While we usually blame the police of shoddy investigations and falsely implicating the innocents, when it comes to terror cases, their work is invariably deemed perfect.

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India debates if privacy can be a fundamental right

July 26, 2017
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Law
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By: 
GOI Monitor Desk
Petitions against Aadhaar has led to question of right to privacy.

A nine-judge Constitution bench is examining whether privacy is a fundamental right. The bench was formed in response to petitions challenging government orders that made Aadhaar mandatory. The petitions had right to privacy as one of the arguments. While petitioners claim that right to life and liberty inherentily include right to privacy, government believes it's more of a social notion like 'pursuit of happiness' and should not be a legal right. The government also argued that right to privacy can't be homogeneous though certain aspects within privacy can be fundamental rights. 

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Is Aadhaar mandatory now?

April 9, 2016
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Law
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By: 
GOI Monitor Desk
Aadhaar on a firmer foundation?

The premise of Aadhaar is that it’s put to use as a universal proof of identity by public and private entities. So, even when you have surrendered that LPG subsidy and don’t take any benefit from the welfare schemes, you may still be required to get the unique ID. Banks continue to ask for linking the account with Aadhaar numbers, private schools want parents to furnish the UID numbers of their children even though there’s no subsidy to be disbursed and no chance of duplication here. The Union government is also mulling linking mobile numbers with Aadhaar as another measure to curb terrorism. 

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Law of the land: Tweaked and Twisted

September 27, 2017
|
Law
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By: 
GOI Monitor Desk
The protest against land acquisition at Singur, West Bengal, in 2006. Source:  Indiamike

Land acquistion was at the centre stage till two years back due to controversial changes introduced by the NDA government in the legislation. While the proposed amendments are currently on hold, several states have brought about similar changes through Rules under Section 109 of the Act or have enacted their own state-level land acquisition laws to tide over opposition. 

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Mining, moolah and miserable future

December 13, 2011
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Law
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By: 
R Sreedhar

Mining is something that if undertaken, the possibility of any other alternative use of that land is finished. That’s why it is called a terminal industry. We all know about the socio-political issues related to mining. Most of the mines are located in areas which are homeland to tribals and dalits and hence have specific development issues. The problem with emerging countries like India and China is they are not willing to look for alternatives to mining. Their economies are increasingly getting dependent on mining hence binding them to systems that have failed in the west.

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Paralegals: When people learn to use environmental law

April 16, 2018
|
Grassroots - Law
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By: 
Shanmuga Priya T
A paralegal enables people to be the change agents. Source: CPR, Namati

These are people from villages and towns trained in basic law, legal procedures and in skills like case documentation, negotiation, mediation and advocacy. They act as a crucial link between justice delivery system and people facing the negative consequences of development projects. The paralegals thus enable the people to move from being mere victims to become change agents. This action is essential in the face of consistent violation of environmental laws.

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Proposed law will protect animal rights

April 1, 2012
|
Law
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By: 
GOI Monitor Desk

Savage Garden may sing paeans for life of animals, the truth is they have a tough time putting up with us humans. India is soon going to have a law with better provisions to ensure ethical treatment of animals.  

Dr Manilal Valliyate, the director of veterinary affairs at PETA, shares his thoughts on how the proposed law will make us more humane.

Q. Since a new draft bill has been drafted on the issue of animal welfare, where was the earlier Prevention of Cruelty to Animals Act lacking?

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Reaching out for better care and attention

October 1, 2011
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Law
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By: 
Manu Moudgil

On July 5 this year, the Union Health Minister Ghulam Nabi Azad seemed to have reinvented the wheel by saying that the government may not be in a position to foot the treatment bill of those living with HIV. The provision of free treatment is one of the key features of the draft HIV/AIDS Bill which has been hanging fire for last five years and this disownment is not acceptable to the community. It wants the government to acknowledge that those living with HIV have no other choice but to take lifelong medications and the costly second and third line treatments are beyond their reach.

  • Read more about Reaching out for better care and attention

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Rich Indians Pollute 7 Times More Than Poor

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