Articles by Mihir Desai

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The triple talaq judgment of the Supreme Court is a partial victory for Muslim women since it declares instantaneous triple talaq as unlawful, but not unilateral triple talaq. Even in the case of the former, it does not declare instantaneous triple talaq as unconstitutional but only unlawful and that is a significant difference. Indian courts, even in respect of legislated laws, have not been very encouraging when it comes to personal laws being challenged on the grounds of discrimination and dignity of women.

Scientist, lawyer, trade unionist Mukul Sinha fought for justice without losing either his sense of humour or his great courage. His perseverance was responsible for the conviction of Maya Kodnani in the post-Godhra riots, imprisonment of a number of police offi cers and the resignation of Gujarat’s then home minister Amit Shah. With his death, Gujarat and India have lost one of the most charismatic fighters for justice.

An analysis of the Land Acquisition Act, 1894 and its interpretation by the courts shows that the holder or tenant of the land has suffered in major ways. It gives the government complete power to acquire land for any "public purpose" while the courts have virtually adopted a handsoff attitude and allowed all kinds of land acquisitions for private companies. The proposed Land Acquisition Amendment Bill makes it much easier for the government to acquire land for any private company, is nonparticipatory in nature and has escape clauses as far as giving jobs to the displaced or the provision of "land for land" is concerned. The rehabilitation and resettlement bills which are also on the anvil may provide solace to the displaced but history has shown that such schemes do not work.