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India: State of Jammu and Kashmir Amends Public Safety Act

(Apr. 11, 2012) On April 5, 2012, the legislature of Jammu and Kashmir, a state in northern India, amended the state's 1978 Public Safety Act (PSA), limiting its strict provisions. (Act No. 6, 1978, REFWORLD.) The PSA has been used to arrest thousands of people in past years. The revisions include reducing some pre-trial detention […]

India: Jurisdiction to Try Crimes Committed Abroad

(Sept. 13, 2011) As reported in early September 2011, India's Supreme Court has ruled that Indian citizens who commit crimes while abroad can in some cases be tried in India. According to a three-judge bench, “the provisions of Indian Penal Code have been extended to offences committed by any citizen of India in any place […]

India: Supreme Court Takes Bull by the Horns, Castigates Honor Killings, Mandates Official Accountability

(Apr. 26, 2011) The Supreme Court of India took the opportunity, in a ruling issued on April 19, 2011, against two criminal appeals lodged in connection with a caste altercation, to condemn the caste system in general and the customary practice of honor killings in particular. The two-justice bench found that “[t]he appellants in the […]

India: Reform of Jammu and Kashmir Public Safety Act Proposed

(Mar. 25, 2011) The international human rights organization Amnesty International (AI) has called on India to respect the rights of its people and stop the practice of carrying out arbitrary detentions under the Jammu and Kashmir Public Safety Act (PSA, Act No. 6 of 1978, United Nations High Commissioner for Refugees Refworld website (last visited […]

India: Supreme Court Ruling on Right to Counsel

(Mar. 10, 2011) On February 24, 2011, India's Supreme Court issued a ruling in a case on appeal reinforcing the principle that criminal defendants have the right to counsel. The legal and constitutional question posed was whether, “if the counsel for the accused does not appear, for whatever reasons, should the case be decided in […]

India: Anti-Corruption Measures

(Feb. 24, 2011) On February 21, 2011, in her address to Parliament opening the budget session, the President of India, Smt. Pratibha Devisingh Patil, stated that the government will take measures to root out corruption in the country. These measures include ratifying the United Nations Convention Against Corruption and improving transparency through other legislative and […]

India: Supreme Court Questions Government over Theft

(Feb. 7, 2011) Describing black money stashed abroad in foreign banks such as in Germany and Lichtenstein by Indians as “pure and simple theft of national money,” the Supreme Court of India, in a hearing on a petition filed by the former Law Minister, Ram Jethmalani, questioned the central government's approach in tackling the problem […]

India: New Green Tribunal Established

(Jan. 6, 2011) In June 2010, India's Parliament adopted the National Green Tribunal Act (NGT Act), which established a new court, the National Green Tribunal, exclusively for handling cases involving environmental law. The Tribunal began operations on October 19, 2010, at which time some 5,000 environmental cases were pending in India. The Tribunal replaces the […]

India: Telecom Scandal Brings Parliament to Standstill

(Dec. 23, 2010) The most recent in a series of telecommunications scandals in India has brought the Parliament to a standstill. The scandal involves the licensing of the telecom spectrum for 2G (second generation) services in 2008. Former central government minister A. Raja disregarded warnings to use the auction mechanism and to conduct the licensing […]

European Union; India: Anti-Terrorism Cooperation Enhanced

(Dec. 15, 2010) On December 10, 2010, the European Union and India agreed to enhance cooperation against terrorism, in order to deny safe havens to members of extremist groups, among other measures. Western countries are bracing for Islamist extremist attacks of the sort that took place in Mumbai on November 26, 2008, in which ten […]