This post comes in light of deteriorating diplomatic relations between India and Pakistan. Both have dismissed multiple members on one another’s diplomatic missions in their countries. Even though it seems to be more of a tit for tat diplomacy, this could result in great harm to diplomatic relations between the two countries. This is not only because of repo career diplomats take years to make in the governance and political system of the foreign country, but also due to legal consequences that flow. In this post, we try to bring to you basic international treaties that govern diplomatic relations between two countries. Perhaps these laws are followed by almost all the sovereign countries in the world and in 1992, UN general assembly, by a resolution, gave Vienna convention on diplomatic relations, 1961 status of customary international law. This would mean that in international context it is binding even without a nation state explicitly submitting to its jurisdiction.
The issue of UCC has popped up again in the public domain. Things are certainly different from how they looked in 1986. There is a Hindu right government in the centre, women’s rights movements have become more powerful and there is a general consensus to address archaic medieval practices like triple talaq. On the other hand under current political environment Muslim community feel its identity to be threatened more than ever before. Under such circumstances debate is likely to be fierce. God forbid any communal violence.
Hereunder we have a bunch of pictures showing the basic contentions in the current debate.
The husband had challenged a trial court order of March dismissing his divorce petition in Delhi High Court. Trial court had dismissed his petition on the ground that the instances of cruelty pleaded and proved by him did not satisfy the standard of cruelty as per the provisions of the Hindu Marriage Act, 1955.
However in its judgement, the bench referred to the settled legal position that “denial of sex to a spouse itself amounts to causing mental cruelty”.
“The appeal being well founded deserves to be allowed,” it said, adding “we grant a decree of divorce in favor of the husband on the ground of cruelty by dissolving his marriage with the wife that had been solemnized”.
“In view the foregoing discussion, we are of the considered view that the husband has fully established that he was subjected to mental cruelty by the wife by denying sex to him for a long period despite living under the same roof, without any justification and though she was not suffering from any physical disability,” a bench of Justices Pradeep Nandrajog and Pratibha Rani said.
In the light of recent set of events!
Indian secularism is basically an extremely fuzzy notion. It borrows heavily from Gandhi’s idea of “sarv-dharm-samabhava” means the state must treat all religions equally with respect which means state must make laws that not only acknowledge religious groups but actively pass laws to promote and protect all of them.
The term was never debated or defined and was forcibly put into Indian constitution (by imposing emergency rule) and hence remains an open issue when it comes to domain of law.
In practice it leads to laws that are partisan in nature and protect special interest groups in different ways (often based on how big is the vote bank).
Read some more excerpts of similar instances reported by various news media channels below:
“On the night of Nov. 29-30, I was driven to the Lingapur police camp nearby … here I was questioned by 15 police officers … One of whom trod on my hands with hobnailed boots while the others kept beating me from all sides …then I was forced to ‘eat a Hyderabadi goli …it consisted of a lathi the size of a man’s arm and liberally plastered with chilly powder …I was stripped naked and the lathi pushed slowly up my anus …I remained unconscious for 8 hours …I was taken to the Lakshatipet lock-up where one of my hands was tied to the cell window … I was forced to remain in this position neither able to sit nor sleep properly for fifteen days….”
– Hirman Laxman Pagar, suspected 21-year-old Naxalite arrested on Nov. 4, 1976 by the Andhra Pradesh Police.
“Some women prisoners taken to the Lal Bazaar police station in Calcutta … were stripped naked, burned on all parts of the body and in some cases iron rulers were inserted into the vagina and rectum … there are also allegations that a women suspect was subjected to continuous raping by hardened criminals on the specific orders of the police inside the interrogation room.”
– Allegations contained in a report compiled by the Akhil Banga Manila Samiti – a non-political voluntary organization.
“In India, claims of torture used against political prisoners have steadily increased since Prime Minister Indira Gandhi declared a state of Emergency 13 months ago. The New York-based International League of Human Rights charged last June that Indian jailers have been guilty of ‘torture, brutality, starvation and other mistreatment of prisoners’ …”
– Time magazine, August 16th, 1976 which was banned in India.
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment.”
– The Universal Declaration of Human Rights.
Courtesy: India Today
~ Project Legal Renaissance
The Consumer Protection Act, 1986 and several other laws like the Weights, Standards & Measures Act can have been formulated to make sure that there is fair competition in the market and free flow of correct information from goods and services providers to the ones who consume them. Consumer right may be defined as ‘the right to have information about the quality, potency, quantity, purity, price and standard of goods or services’, as it may be the case. Further the consumer is to be protected against any unfair practices of trade. Here is first in our series of consumer rights!