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My Notes 13-DEC-2017 13-12-2017
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13 December 2017


Jallikattu issue to go to constitutional bench

Jallikattu is a festive sport in Tamilnadu, Maharashtra using bulls and other animals. They claim a constitutional protection to the sport under Art29(1) of the constitution that meant to protect cultural rights.

On the other hand animal rights activists argue that sport is causing harm and death to animals and is violative of their right to live. It is also violative of cruelty to animals act.


India - Australia call for open Asia-pacific zone - India and Australia in the ongoing 2+2 dialogue discussed the need to maintain Asia-Pacific region free and open zone.



Human rights and Indian values

Constitutional morality is a term used by Dr. Ambedkar to differentiate it form the existing social morality. According to him, constitutional morality has to guide the governance in the country. Efficacy of government machinery will help in up keeping this constitutional morality.

An effective protection of minorities, weaker sections, women needs the power of the state to weigh on to their side. If not, a neutral silent state can be used to protect the interests of the established societal order.

India is a signatory to universal declaration of human rights by the UN general assembly. It has also enacted human rights protection act and appointed NHRC. Inspite of this, Human rights protection in India is dismal. Strengthening of governance sensitive to the concerns of weak and marginalised plays a critical role.

Another dimension of Human rights is related to fulfilment of socio economic rights of the citizens which are often called as substantive rights. Democratic form of govt and constitutional morality has ensured their protection in India.

Another popular belief is protection of Human rights is part of Indian DNA. It lies in the philosophy of Sarva Janaha Sukhino Bhavantu. On the flip side, Indian civilisation is also cursed with lack of egalitarianism among different castes, men and women etc. But, today social distance is decreasing and new axes of power are emerging. In this scenario, state to what extent acts as a facilitator of change to that extent it enjoys legitimacy.


Information at the courts discretion

RTI act mandates for every public authority to provide information with in 30 days after receiving a request. If not matters can be appealed before information commission. On the other side, administrative rules (supreme court) framed in 1966 also stipulates conditions for divulgence of information related to supreme court.

In this scenario, under administrative rules information to be provided by the court is discretionary and there is no deadline or penalties for delays or wrongful refusal of information. Supreme Court insists that it do not come under purview of RTI and information can only be sought under procedures of administrative rules. It is criticised as a blow to transparency.


A dialogue with out a purpose is meaningless - Omar Abdullah - highlights

Dialogue initiated by Dineshwar Sharma do not have a clear Mandate and direction less.

Setting pre conditions for dialogue both form separatists and Indian govt will not create a conducive environment to dialogue.

There are two facets of Kashmir problem - internal and External - both need to be addressed simultaneously. One with out other makes efforts piecemeal.

Effective implementation of Art 370 and greater autonomy to Kashmir can win loyalties of Kashmiries to India.

Any solution between India and Pakistan on Kashmir shall not make either side victorious. Than only it becomes sustainable.







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