I was recently reading the book - "The Vision of the Anointed" by Thomas Sowell. While discussing the issue of "Judicial Activism", the author briefly makes a point about how, in the US, the "anointed" deliberately blur the concept of separation of powers and leave some parts of legislation unclear so that they could use... Continue Reading →
A Legal Case for Shared Parenting
Provisions in the Indian Constitution related to Children’s Rights There are not too many provisions in the Indian Constitution which talk explicitly about the rights of children, and the rights & duties of parents towards children. Article 39(f) briefly touches upon this topic, but only in passing reference. “Article 39(f) That children are given opportunities... Continue Reading →
Difference in interpretation between Religious Establishment Rights & Educational Rights
I want to highlight a strange difference in interpretation, by our executive and judiciary, of the Rights guaranteed under our Constitution for running our temples (religious establishments) and a section of our citizenry running educational institutions. Common structure between religious establishment rights and educational rights There is considerable similarity in the way rights related to... Continue Reading →
Educational Rights for Hindu Minority Communities
This post is part 2 of a 2-part series. Read the 1st one here. Article 23 in the Draft Constitution When the Constitution was being drafted, the Rights under Articles 29 and 30 were clubbed under a common Article 23. This Article had 3 clauses. Clause 3 had 2-sub-clauses. The entire Article consisted of clause... Continue Reading →
Evolution of Minority Cultural & Educational Rights
This post will be part of a 2-post series where I aim to prove that the makers of our Constitution very much intended to provide Educational Rights to all communities, INCLUDING THOSE WITHIN THE HINDU RELIGION. The deduction of that intention will be made in the 2nd post of this series. However, in order to... Continue Reading →
Core and the Rationale Behind Equal Rights for All Institutions
This article is a response to the article titled "Jamia and the Rationale Behind Special Rights for Minority Institutions" published by The Wire on the 22nd of August 2017, in which the author has attempted to justify, with several arguments, the need for special status for minority educational institutions. A response is especially important since... Continue Reading →
SJW Laws: Designed for Misuse?
Recently, the Supreme Court of India issued some landmark directions to curb the menace of misuse of the draconian IPC 498A. It has brought in a more rigorous review process, in the form of Family Welfare Committees, to reduce the problem of false cases and consequent arrest of innocent people. Naturally, this new directive has... Continue Reading →
Temple funds for Hindu schools: Yes or No?
Background: (Only an overview provided here - not the full details of the mess 🙂 ) Temples and Charitable Institutions in Karnataka are governed by the Karnataka Hindu Religious Institutions and Charitable Endowments Act 1997. This Act was challenged in the Karnataka High Court in Sri Sahasra Lingeshwara Temple, ... vs State Of Karnataka. In the year 2006, the... Continue Reading →
Benefits of Minority Tag in India
Some leaders of the Lingayat community in Karnataka have renewed their demand for their group to be considered as separate from Hindus. They want to 'move out' of the Hindu fold. This demand has been in existence from many decades and seems to have a co-relation to the recognition of non-Hindus as 'minorities' and consequent... Continue Reading →
Three Definitions of Minorities
Based on the actions taken by the State of India, three different definitions of the word "minorities" can be identified. Depending upon the purpose intended to be served, one of the three definitions is used. Here is a short introduction to the 3 types. Type 1: "Minority need to be Majority" This definition kicks in... Continue Reading →
Pranasutra 