Wednesday 30 July 2014

Compensation in terror cases

The Bombay high court has stated that the compensation given to the families of victims of terror attacks and bomb blasts is too low. The two member bench on July 30th stated that the compensation amount of Rs 3 lakhs given to the relatives is inadequate. The honorable judges stated that when the sole breadwinner is killed in terror attacks, the families need to be compensated adequately and the amount given is too less for them. The honorable judges questioned for how long will this amount provide for them.
Out of the total amount of Rs 4 lakh, three lakhs are given by the Centre and rest by the respective state governments. A need for amendment in the compensation provided under the Motor Vehicles Act was also expressed.
There is a need to increase the compensation given to the families of the victims. The amount should be sufficient for them to lead a dignified life. The government should take measures to ensure employment of the dependents and also ensure other necessary help like rehabilitation, medical and psychological treatment.

Friday 11 July 2014

Freedom of religion and use of loudspeakers

Recently there have been clashes in the state of Uttar Pradesh upon the removal of loudspeakers from a place of worship. It is often claimed that such actions of the State effect the right to practice one's religion. While the Constitution of India gives the freedom to practice one's religion, it also lays down certain reasonable restrictions upon the same.
Article 24 provides that: (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
The restrictions on the ground of public order, morality and health have been laid down on one's right of freedom to practice to practice religion.
Another question that whether the use of loudspeakers is an integral part of practicing one's religion, so the question has been dealt with by the Supreme Court in the case of Church of God (full gospel) in India v KKR Majestic Society Welfare Association that the use of loudspeakers is not an integral part of any religion. The court had further stated that no community can claim a right to cause noise pollution in the name of religion.
Thus, neither is the freedom of religion absolute in itself nor the use of loudspeakers an indispensable part of any religious practice that cannot be stopped for the greater good.

Shariat courts

The Supreme Court has recently passed a judgement that shariat courts cannot pass orders infringing Human rights and in matters of criminal justice. India has a uniform criminal law that does not discriminate on the basis of religion, caste, class, and treats all citizens as equal. Shariat courts act as a parallel judicial system and are against the constitutional provisions dealing with the judicial system. The judgement is important as it is a measure to prevent Human rights violation and prevents multiple actions for the same cause.
The judgement is also important in the light of the recent events of rapes being ordered by the village panchayat as a means of revenge. No body except for those established by the Constitution can pass a judicial decree that effects the rights and liberties of any citizen. And even these are bound by the 'due process' and must follow the principles of natural justice.