ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by A G NooraniSubscribe to A G Noorani

Lessons from Romania

Theft of a Nation: Romania since Communism by Tom Gallagher; Hurst and Company, London; 2005, pp 428,

Right to Privacy

The Indian Constitution does not guarantee the right to privacy as a fundamental right. However, the Supreme Court, in two recent rulings, has included the right to privacy within the ambit of the fundamental right to 'personal liberty' as embodied in Article 21. It would be interesting to watch how the apex court enlarges the scope of this right for the cases it will decide in the future.

Repeal of POTA and UPA's Bill

The bill intended by the UPA government as a replacement for POTA retains some of the bad features of the repealed legislation. Moreover, in some major ways, as in the onus placed on organisations declared as 'terrorist' to prove themselves otherwise, it appears more draconian and violative of the fundamental right to freedom of association.

The Police and Censorship of Plays

The Indian Constitution assigns matters of legislation related to 'theatres and dramatic performances' exclusively to state governments; this function, in some instances, has been delegated to the police with the enactment of several police acts. It is time that a separate statute is enacted establishing an independent machinery for censorship of plays.

Right to Strike

Right to Strike International and European Protection of the Right to Strike by Tonia Novitz; Oxford University Press, 2003; A G NOORANI Knowledge is power. In no other venture is this old saying more true than in the struggle for civil liberties and citizens

Ministers Are Trustees

In September 1996, a Bench of the Supreme Court quashed 15 scandalous allotments of petrol pumps by Satish Sharma, then minister of state for petroleum and natural gas, and ordered him to pay exemplary damages. But in August 1999, another Bench of the Court held the ruling to have been serious miscarriage of justice, completely overlooking the court's own ruling and misstated the law on 'misfeasance in public office' with grave consequences. This ruling in Satish Sharma's case is against a strong trend of accountability of the state to the law and deserves speedily to be overruled.

Gujarat Riots

There is in law a recognised tort of 'misfeasance in public offices which could be used to file charges against those who were in office at the time of the Gujarat riots.

Indo-Pak Pact On Landmines?

Both, India and Pakistan have adhered to the 1980 Convention on Certain Conventional Weapons, which may be deemed to be excessively injurious or to have indiscriminate effects. But neither has signed the Anti-Personnel Mine Ban Convention adopted in 1997. Why not make ratification and enforcement of this Convention part of the confidence building measures currently being discussed in Indo-Pak talks?

Self-Determination vs Secession

preclude a plebiscite in Kashmir and its secession from India if the plebiscitary Self-Determination vs Secession The Chechen Wars: Will Russia Go the Way of the Soviet Union? by Matthew Evangelista; Brookings Institution Press, Washington, D C;

Kashmir and India's Judiciary

The Supreme Court's sharp comments on custodial violence, torture and abuse of police power delivered some months ago demand serious attention. But clearly, they appear to have had little effect either on the police forces in Kashmir or on the response of the judiciary in tackling other cases of custodial misconduct or those in any way connected with the insurgency in the state.

Human Rights in Insurgency

forces and dissident armed forces or other Human Rights in Insurgency organised armed groups which, under re- The Law of Internal Armed Conflict by Lindsay Muir; Cambridge University Press, represented in India by Foundation Books, New Delhi;

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