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

Articles by A G NooraniSubscribe to A G Noorani

CIVIL LIBERTIES- Legal Protection for the Consumer

Striking workers have since been served with notices for a punitive eight-day wage- cut. In reply the opposition unions have threatened an indefinite strike. The timing of this indefinite strike (around July 10) is however not very good. Mid-monsoon is a period of both low production and slack demand.

CIVIL LIBERTIES-Promises by Government

 CIVIL LIBERTIES Promises by Government A G Noorani CARDINAL Wolsey's sage advice against trusting the word of princes is fully applicable to the promises of modern governments as well. Even democratic governments do not hesitate to break their promises to their masters

CIVIL LIBERTIES- Accepting Improperly Obtained Evidence

 impose a collective fine on the villagers in case of concerted action by them, Nevertheless, atrocities and violence on Harijans is increasing, and there are protests against the policy of reservation

CIVIL LIBERTIES-Benefits for Politicians

central trade unions had agitated so persistently since the report was published, no longer exists. The workload question is to be discussed de novo. Indeed, this was precisely the demand of IJMA. A fresh committee with revised terms of reference is to be formed. The tripartite apex body will have statutory powers to examine and monitor the maintenance of labour complement, the changes in workload, and the manning pattern in the jute industry. It is one way to legalise the enhanced worknorms.

CIVIL LIBERTIES- Dissolving Commissions of Inquiry

 management was provided with copies, in a conciliation meeting held much later, on April 6, the unions were given copies of the notification which fixed the minimum wage at Rs 331.04. The management seemed to be happy with it because the minimum wage fixed by the government does not really mean any revision of wages, This figure is a little above the minimum wage fixed in 1976 plus dearness allowance at the old rate of 69 paise per point. This is actually lower than what had been offered by the management be- fore the strike. The unions so far could not agree to withdraw the strike on the basis of this notification. So the government's interven ion in the form of publication of minimum wage was not helpful to the workers. The rate of revision of dearness allowance was given in the notification at Re 1 per point. Another point that should be no'ed is that the strike at Howrah has been withdrawn after sluing a separate agreement with the CIVIL LIBERTIES management and the state CITU leadership gave its consent to the signing of such an agreement though the strike in Caleu'ta and other places is .still continuing. It is very s range that the sta'e CITU leadership could give such advice as it is likely' to weaken the strike.

CIVIL LIBERTIES- A Citizen Has Rights Abroad

A Citizen Has Rights Abroad A G Noorani IT is little consolation that the Union Finance Ministry has deigned to stop the proceedings against Arun Bose, a Delhi University teacher, for not taking government's permission before getting his books published in England. The matter had aroused hostile publicity for the government and it saved its face. But this is not the first instance of this kind, except that in earlier cases prosecutions were not launched. People were either prevented or obstructed when they wanted to go abroad to perform plays or exhibit films. The issue has been squarely raised and it brooks no evasion; Is the Indian citizen not entitled to his fundamental rights vis-a-vis his own state, of course, when he leaves the territory of India?

CIVIL LIBERTIES- Photographer s Rights

CIVIL LIBERTIES Photographer's Rights A G Noorani PRESS photographers are not for beating. The treatment they receive at the hands of policemen is as nideous as the word press reporters have come to use for them

CIVIL LIBERTIES- Policemen and Journalists

Policemen and Journalists A G Noorani IT is time that policemen and journalists discuss and adopt a code which clearly lays down the rights, duties and powers of both sides. Incidents of assaults on journalists and camera men are not matters for any code. They constitute criminal offences but it is significant that not a single policeman has yet been prosecuted. The code, however, is needed not for such obvious derelictions and wrongs. It is needed for the ambiguous situation where the law is either vague or obsolete. A policeman represents a public office. a journalist also performs a public function as the courts have re- cognised. He is no interloper. Yet he is treated as one by the police quite often. On December 31, 1983 the secretary of the Editors' Guild issued a statement criticising the trearment meted out by the Delhi police to the editor of a local newspaper. So did the FUCL. The Guild's statement hears quotation because it sets out the facts: It is said that the SHO, Karol Bagh police station, insisted on knowing the source of a story published in the Hindi daily Punjab Kesari and on the reluctance of the editor to disclose it, the SHO threatened him with arrest. It may be noted that the editor while expressing his inabiliy to disclose the source, readily agreed to publish any version of the police in that connection but the officer was not satisfied with that. It is regrettable that the police should interfere in this manner with the freedom of expression.

CIVIL LIBERTIES- Parliament and Privacy

February 11, 1984 as often arise under the physical distribution schemes, problems like the transfer of fertilisers from the favour- ed groups to other richer groups.

CIVIL LIBERTIES- India s Report to UN on Human Rights

CIVIL LIBERTIES India's Report to UN on Human Rights A G Noorani IT is altogether strange that the Government of India's Report to the Human Rights Committee, established under the International Covenant on Civil and Political Rights, has not been publicised in the country itself. It is dated July 4, 1983, and was published by the UN on July 13 and bears the documentation symbol CCPR/C/10/Add8. The Report was submitted in accordance with the requirements of Article 40 of the Covenant, India acceded to the 1966 Covenant thirteen years later on April 10, 1979. It became effective for India on July 10, 1979, The Instrument of Ratifications is dated March 27, 1979, and contains five reservations. First, in regard to 'the right of self-determi- nation', They are to be applied only to 'the peoples under foreign domination'. Secondly, Article 9 of the Covenant embodying the guarantees against arbitrary arrest and detention will be applied subject to the provisions for preventive detention in Article 22(3) to (7) of the Indian Constitution, The reservation is gratuitously added, "Further under the Indian legal system, there is no enforceable right to compensation for persons claiming to be victims of unlawful arrest or detention against the State".

CIVIL LIBERTIES- Compensating the Wronged A Biginning

CIVIL LIBERTIES Compensating the Wronged: A Biginning A G Noorani IN February 1983 the Supreme Court of Sri Lanka held that the seizure by the police in December 1982 of a pub lication which opposed the government', decision to extend the life of parliament was a serious violation of his fundamental right to freedom of speech and expression. It ordered the Superintendent of Police to pay Rs 10,000 plus costs of the action to the petitioner. The case was reported in Statesman of

CIVIL LIBERTIES-Students and Teachers Rights

CIVIL LIBERTIES Students' and Teachers' Rights A G Noorani AN impressive body of education law has grown up over the years. It defines the rights of teachers, students, colleges, universities and touches on myriad related topics. These rights are enforceable not only by suit but also by writ petitions in High Courts and if fundamental rights are involved in the Supreme Court as well.


Back to Top