Devika Agarwal

Articles by Devika Agarwal

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  Nov 17, 2018

  Maratha quota row: Reservation unwarranted; several past panels concluded community is not 'backward'

  As far as the Maratha community is concerned, the findings of many commissions are that Marathas are forward classes, with many Marathas in top political ranks and heading businesses.
  didyouknow Supreme Court Maharashtra Reservations Jats Marathas Kapus Patidars Maratha quota row Maharashtra State Backward Class Commission Indra Sawhney case OBSs
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  Oct 15, 2018

  #MeToo: Decoding validity of defamation suits, rights of accused in sexual harassment cases on social media

  In the wake of the #MeToo campaign afoot in India, some individuals moved the Delhi High Court on 11 October to prevent a woman from detailing her sexual harassment ordeal on social media as it implicates the petitioners.
  social media ConnectTheDots Sexual harassment Defamation sexual assault sexual misconduct rape accused Manjul MeToo MeToo in India #MeTooIndia
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  Oct 03, 2018

  SC's Sabarimala, Ayodhya, triple talaq verdicts: 'Essential part of religion' under Article 25 must adhere to doctrines of that religion

  The absence of publicly available information on whether a mosque forms an essential part of Islam highlights that perhaps in Ismail Faruqui too, the Supreme Court did not engage adequately with this issue, prompting Justice Nazeer to dissent from the majority opinion in the instant case.
  Islam NewsTracker Babri Masjid Ayodhya Supreme Court ConnectTheDots mosque Sabarimala Constitution of India Sabarimala temple SC verdict triple talaq #Disconnect2Connect Religion under Article 25 Article 25 of Constitution 'Essential part of religion' SC Verdict on Sabarimala Temple
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  Sep 20, 2018

  Centre passes ordinance on triple talaq: Is criminalising offence tantamount to 'legislative overreach'?

  While the government's intention to ban Triple Talaq is laudable inasmuch as it can act as an effective deterrent for men from arbitrarily divorcing their wives, the question is whether criminalising the offence can amount to a case of 'legislative over-reach'; here, I refer to a scenario where the Legislature is overstepping into the domains of a religion's personal law to prescribe a remedy which the personal law never intended.
  Congress BJP Rajya Sabha Supreme Court Bharatiya Janata Party ConnectTheDots parliament Monsoon session Muslim women in India Talaq-e-Biddat triple talaq in India
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  Sep 17, 2018

  Supreme Court verdict on reservation in promotions for SC/STs must ensure filtering out of creamy layer candidates

  The Supreme Court will soon pronounce its verdict on a batch of petitions that have sought the reconsideration of a 2006 judgment, wherein the court laid down that the state government is not bound to provide for reservation in promotions for SC/ST members
  CriticalPoint Reservation OBC Supreme Court of India Constitution of India SC/ST job promotion M Nagaraj case
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  Sep 14, 2018

  Hate speech in India: Media's rabble-rousing doesn't help cause, proves counter-productive to free speech

  The problem of hate speech is compounded when propagated by members of the press. This is because unlike the situation where the person making the hate speech is a politician or an ordinary citizen/internet user, the media is expected to be comparatively neutral while reporting events.
  India ConnectTheDots Indian media TV channels hate speech Free Speech Law Commission Indian law Arnab Goswami defamation cases Indian TV channels Umer Khalid Bhima Koregaon activists arrest
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  Aug 09, 2018

  Meesha book controversy: Ban on literary work violates freedom of speech; test for such moves should be extremely stringent

  Meesha book controversy: Calls for ban on books violating the right to freedom of speech and expression and the court, in deciding whether a prohibition on a book is justified, must balance free speech with public interest
  NewsTracker Supreme Court CriticalPoint Freedom of Speech Book Prohibition Three Hundred Ramayanas Taslima Nasreen Obscenity The Satanic Verses Free Speech Constitution Freedom of Expression Lady Chatterley's Lover Article 19(2) S Hareesh Meesha Meesha book controversy Section 292 of IPC Section 153B of IPC Section 95 of CrPC Dwikhandita Hicklin Test Customs Act 1962
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  Jul 19, 2018

  Online sexual harassment: Kerala HC ruling a good start but govt needs to hold internet intermediaries accountable

  In Majeesh K Mathew v. State of Kerala, the Kerala HC observed that making comments on social media which contain sexually explicit content against a woman amounts to online sexual harassment
  ConnectTheDots Sexual harassment Indian Penal Code Information Technology Act Indian laws online harassment Online sexual harassment Cyberstalking Majeesh K Mathew v. State of Kerala cyberbulling
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  Jul 16, 2018

  Partners in live-in relationships in India can hope for better rights, if earlier verdicts are anything to go by

  The Supreme Court currently examining a case to determine whether a live-in relationship can be treated as a de-facto marriage and whether a man can be held liable to pay his partner maintenance if the relationship ends because of refusal to marry.
  Supreme Court ConnectTheDots Hindu Marriage Act Alimony Domestic Violence Act maintenance Live-in relationships laws about live-in relationships in India common law marriage domestic relationship
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  Jul 16, 2018

  Does Right to Freedom of Religion extend to wearing religious headgear during sporting event, Supreme Court asks Centre

  The Supreme Court recently sought a reply from the central government on a PIL to formulate guidelines to exempt turbaned Sikhs from wearing any other head-gear during sporting events.
  Supreme Court ConnectTheDots Bombay High Court Sikhs Turbans Indian Constitution Freedom of Religion triple talaq Article 25 of Indian Constitution Fundamental Right to freedom of religion sikh pagri sabarimala case