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‘Rioters will face full force of the law’

Prime Minister Keir Starmer gives a press conference at the European Political Community (EPC) Summit bringing together world leaders at Blenheim Palace. Picture by Tim Hammond / No 10 Downing Street

Starmer said that even those participating in riotous activities online will not be spared…reports Asian Lite News

As far-right groups prepare for rioting, Prime Minister Keir Starmer said they would “feel the full force of the law” on Tuesday.

Following an emergency meeting, Starmer said that he expected “substantive sentencing” for those held so far for rioting before the end of the week.

In the week-long rioting by far-right mobs in the United Kingdom, more than 400 people have been arrested. The mobs mounted anti-immigrant riots after the murder of three girls last months in Southport town. This is the worst rioting in the United Kingdom in several years.

The Sun has reported that riots have taken place in at least 23 locations across England and Northern Ireland since Friday. The mobs have also attacked and injured police personnel with bricks, bottles, and firebombs.

The situation may further escalate on Wednesday as the police have intelligence that riots are being planned at as many as 39 locations across the UK. The newspaper reported that an ‘arson manual’ is being circulated in an online forum as rioters plan to attack 39 immigrants’ centres on Wednesday.

In the wake of such threats, Starmer said that around 6,000 specialised riot-control police personnel are being deployed across the UK to contain the situation.

Following the emergency meeting with top ministers and security officers, Starmer said that riots will “feel the full force of the law”.

Speaking to reporters, Starmer said that everyone involved in the rioting will be sentenced within a week and there will not be lengthy trials.

“Those involved will feel the full force of the law…Over 400 people now have been arrested, 100 have been charged —some in relation to online activity— and a number of them are already in court. I’m now expecting substantive sentencing before the end of this week,” said Starmer.

Starmer said that even those participating in riotous activities online will not be spared.

“That should send a very powerful message to anybody involved, either directly or online, that you are likely to be dealt with within a week and that nobody, but nobody should be involving themselves in this disorder,” said Starmer.

The top British prosecutor has said that terrorism charges are being considered against rioters. Stephen Parkinson, the Director of Public Prosecution, said rioters will go to prison for sure and there is no doubt about it.

“There are sentencing guidelines which indicate that many people who have been caught up in this disorder will face immediate imprisonment. There should be no doubt about that. They are going to prison, said Parkinson, as per The Sun.

Parkinson further said that while terrorism charges are being considered broadly, such charges have already been slapped in at least one case.

“We are willing to look at terrorism offences. I’m aware of at least one instance where that is happening. Where you have organised groups planning activity for the purposes of advancing [an] ideology… planning really, really serious disruption then yes, we will consider terrorism offences,” said Parkinson.

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India News

Law Ministry pushes for automatic repeal in legislation

Former Union law secretary P.K. Malhotra explained that when the legislature—Parliament or state legislature—wants to limit the lifespan of a law, it may include a sunset clause…reports Asian Lite News

The law ministry has proposed incorporating a “sunset” clause, or automatic repeal provision, in certain types of bills to declutter statute books, as part of its 100-day agenda.

This clause primarily applies to laws of a temporary nature or those addressing dynamic situations. Once these laws outlive their utility, they will be removed from the statute books.

The legislative department within the ministry has included the “sunset clause” in its new legislative proposals, stating that steps will be taken in consultation with relevant ministries. Prime Minister Narendra Modi had previously directed all Union ministries and departments to draft a 100-day agenda for the new government.

Former Union law secretary P.K. Malhotra explained that when the legislature—Parliament or state legislature—wants to limit the lifespan of a law, it may include a sunset clause. This clause specifies that the law will expire after a certain period, typically five or ten years. The legislature can then pass a new law to extend the statute’s validity if necessary.

The legislative department aims to incorporate sunset clauses or automatic repealing clauses in new legislative proposals, in consultation with the concerned administrative ministries and departments. Actions will be taken as proposals are received.

Malhotra noted that this has been a long-standing demand and is a practice in some other countries. He emphasized that such clauses ensure that legislatures regularly review and update laws, allowing them to expire if no longer needed.

In recent years, several commissions on legal reforms have also advocated for such clauses.

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Breaking Sound Barriers: Deaf Attorney’s Inspiring Legal Journey

Ms. Sunny’s journey to becoming a lawyer was remarkable, having overcome numerous obstacles. She attended mainstream schools, relying on lip reading and the support of friends…reports Asian Lite News

In September, a remarkable event took place in the hallowed halls of India’s Supreme Court. A 27-year-old named Ms. Sunny, who happens to be deaf, appeared before Chief Justice DY Chandrachud. What made this occasion truly exceptional was that the court had allowed a sign language interpreter to assist her with her arguments—a precedent-setting act of inclusivity.

The historic moment continued to unfold on October 6 when the court appointed its own interpreter for Ms. Sunny. This marked the first time in the court’s history that such a step was taken, with the intention of ensuring that she could fully comprehend and participate in the proceedings. Justice Chandrachud even suggested the possibility of having interpreters for constitution bench hearings to make legal proceedings accessible to all.

This groundbreaking development was met with widespread acclaim, with legal experts and observers highlighting its potential to make the Indian legal system more inclusive and accommodating to the needs of the deaf community. Senior lawyer Menaka Guruswamy called it a “truly historic and momentous” occasion, while Sanchita Ain, the lawyer who collaborates with Ms. Sunny, believed it would have far-reaching positive implications. She stated, “She has broken many stereotypes, this will encourage more deaf students to study law and make the legal system accessible to the deaf.”

Ms. Sunny, hailing from the southern city of Bengaluru, has been practicing law for two years. In lower courts, she was often denied the use of an interpreter, as judges doubted their ability to comprehend legal terminology. Consequently, she resorted to submitting her arguments in writing as per BBC reports.

Saurav Roychowdhury, the interpreter who initially assisted Ms. Sunny, lacked a legal background but possessed experience in translating for lawyers and legal students. However, the absence of sign language interpreters trained in legal terminology in India posed a challenge. Despite this, Ms. Sunny was resolute in her pursuit, determined to break barriers and inspire others in the deaf community to follow in her footsteps.

Ms. Sunny’s journey to becoming a lawyer was remarkable, having overcome numerous obstacles. She attended mainstream schools, relying on lip reading and the support of friends. Though she faced ridicule from some, her determination remained unshaken. She eventually pursued a law degree at St. Joseph’s College in Bengaluru, where her mother’s support was replaced by that of friends and her deaf twin sister, Maria Sunny, and brother, Pratik Kuruvilla, who have also achieved remarkable success in their respective fields.

The significance of Ms. Sunny’s achievement extends beyond her personal journey. It shines a light on the challenges faced by the deaf community in building careers in law due to stigma and a lack of interpreters in courts. Notably, the Delhi High Court set a precedent in April when it allowed another deaf lawyer, Saudamini Pethe, to appear in a case with an interpreter.

Recognizing the need for change, the high court initiated the appointment of its own interpreters in September, a move endorsed by the Association of Sign Language Interpreters India (ASLI). These actions aimed to make legal proceedings accessible to both lawyers and judges.

As per the 2011 Census, India is home to 18 million deaf or hard of hearing individuals. The spotlight on sign language accessibility is seen as a positive step towards securing their rights. Moreover, this development could generate employment opportunities for sign language interpreters, a profession in which skilled individuals are currently scarce.

Ranjini Ramanujam, who is deaf herself and works at an IT company, described the Supreme Court’s actions as “a blessing” and “a barrier remover.” She believes that this move sets an example for other offices to follow, echoing the sentiment that the Supreme Court’s decision has given a voice to the deaf and established a new standard for inclusivity.

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Israel SC Holds Historic Hearings on Judicial Overhaul Law

The appeals ask the court to strike down a major law passed by Netanyahu’s far-right coalition in July, arguing that it is unconstitutional and would promote corruption…reports Asian Lite News

Israel’s Supreme Court opened hearingsagainst a law passed by Prime Minister Benjamin Netanyahu’s government, part of the judicial overhaul that sparked nine months of demonstrations and divided the nation.

On Tuesday, panel comprising all the 15 judges of the Supreme Court convened for the first time in Israel’s history to hear appeals against a newly passed law that cancels some of their power, reports Xinhua news agency.

In an unprecedented situation, the judges are required to decide whether to accept the restrictions on their own powers.

The appeals ask the court to strike down a major law passed by Netanyahu’s far-right coalition in July, arguing that it is unconstitutional and would promote corruption.

The new law cancels the court’s ability to override government decisions deemed “unreasonable”, a standard rarely used by Israeli judges, typically reserving it for cases they regard as severely flawed or corrupted.

The law is a key part of Netanyahu’s plan to weaken the judicial system, which was first presented in January and has thrown Israeli society into turmoil, harmed the economy and triggered mass refusals to show up for duty by military reservists.

“Can you hold a discussion of this question, without bias or predisposition, given that it is a matter of your status, your honor and your authority?” Simcha Rothman, a lawmaker in Netanyahu’s coalition and one of the main architects of the overhaul, asked the court.

President of the Supreme Court Esther Hayut responded: “We are not discussing ourselves, neither our status nor our honor. We are discussing the public’s vital interests.”

It was not immediately clear when the ruling would be made, but according to state-owned Kan TV news, the court’s decision is expected before January 2024.

It was also not clear whether the government would abide by the ruling, as only four ministers announced that they would accept the Supreme Court’s ruling even if it revokes the controversial law.

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WhatsApp chief slams British laws

Chinese hackers luring Indian WhatsApp users into 'part-time' jobs

The bill, introduced by former Prime Minister Boris Johnson, is an attempt to force internet companies to remove illegal content…reports Asian Lite News

WhatsApp’s head, Will Cathcart, has penned an open letter against the controversial Online Safety Bill. In the letter, Mr Cathcart has addressed the risks that the Online Safety Bill poses to everyone’s privacy and safety.

In the letter, he urged the government to protect privacy rights and it highlighted the importance of end-to-end encryption as a robust defence against online threats and calls.

“As end-to-end-encrypted communication services, we urge the UK Government to address the risks that the Online Safety Bill poses to everyone’s privacy and safety. It is not too late to ensure that the Bill aligns with the Government’s stated intention to protect end-to-end encryption and respect the human right to privacy,” the text read.

He emphasized, “End-to-end encryption is one of the strongest possible defenses against these threats, and as vital institutions become ever more dependent on internet technologies to conduct core operations, the stakes have never been higher.”

“As currently drafted, the Bill could break end-to-end encryption,opening the door to routine, general and indiscriminate surveillance of personal messages of friends, family members, employees, executives, journalists, human rights activists and even politicians themselves, which would fundamentally undermine everyone’s ability to communicate securely.

The Bill provides no explicit protection for encryption, and if implemented as written, could empower OFCOM to try to force the proactive scanning of private messages on end-to-end encrypted communication services – nullifying the purpose of end-to-end encryption as a result and compromising the privacy of all users,” the letter read.

The bill, introduced by former Prime Minister Boris Johnson, is an attempt to force internet companies to remove illegal content such as child sexual abuse or terrorism. However, critics including Meta have said scanning for such content would be incompatible with the end-to-end encryption that is common protection offered by messenger apps.

According to Bloomberg, the bill doesn’t explicitly describe a blocking mechanism but calls for fines of as much as 10% of annual global revenue if companies don’t comply. It also could lead to criminal charges against executives if they don’t provide the regulator Ofcom details on how they run their services upon request.

WhatsApp, Session, Signal, Element, Threema, Viber and Wire have all signed a letter asking the government to “urgently rethink” the proposed law, according to BBC.

Last month, Cathcart told reporters that the Online Safety Bill before Parliament could effectively make the service’s privacy features illegal, according to Bloomberg.

Last month, Signal Foundation’s President Meredith Whittaker told the BBC her messaging service would leave the UK if the Online Safety Bill forced it to weaken its privacy protections.

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UK govt considering new definition of sex in equality laws

The move comes after Britain’s government earlier this year blocked gender reform laws passed by Scotland’s devolved parliament…reports Asian Lite News

Britain is considering plans to create a distinction in equality laws between a person who was born a particular sex and someone who has transitioned to become that sex.

Britain’s minister for women and equalities, Kemi Badenoch, wrote to the head of the Equality and Human Rights Commission, the equalities watchdog, to say she wanted her to consider the “benefits or otherwise” of changing the legal definition of sex.

In a letter dated Feb. 21 and first published on Tuesday, Badenoch requested advice on the change, citing issues raised by recent court cases involving the definition of sex in Britain’s 2010 Equalities Act, and attempts in Scotland to make it easier for people to change their legal gender.

“Among these is the consideration about whether the definition of ‘sex’ is sufficiently clear and strikes the appropriate balance of interests between different protected characteristics,” Badenoch wrote.

The move comes after Britain’s government earlier this year blocked gender reform laws passed by Scotland’s devolved parliament.

In response to Badenoch’s letter, Kishwer Falkner, the chair of the Equality and Human Rights Commission, said the move “merits further consideration” and that it should involve “detailed policy and legal analysis.”

“A change to the Equality Act 2010, so that the protected characteristic of ‘sex’ means biological sex, could bring clarity in a number of areas, but potential ambiguity in others,” she said in a statement accompanying her reply and published on the commission’s website.

Falkner said the move could bring “greater legal clarity” in eight areas, including sport and pregnancy and maternity protections. She outlined three areas in which it could be more ambiguous or potentially disadvantageous: equal pay provisions, and both direct and indirect sex discrimination.

She also said further consideration of human rights implications would be needed.

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India News Politics

CJI links independent judiciary, rule of law with India investments

He said different state governments in India are taking active steps in establishing International Arbitration Centres, keeping in view global trends…reports Asian Lite News

Chief Justice of India (CJI) N.V. Ramana on Tuesday said India can be chosen as a favoured investment destination due to the independence of its judicial system and for giving paramount importance to the rule of law.

The Chief Justice, in the presence of Law Minister Kiren Rijiju, also said that pendency of cases is a major issue in India and in the absence of infrastructure and sufficient number of judges commensurate with the increasing workload, the problem is intensifying.

Delivering the inaugural address at the conference on ‘Arbitrating Indo-UK Commercial Disputes’ at Mansion House, London, he said: “Apart from ease of enforcement, another advantage for choosing India as a favoured investment destination is its judicial system. Both the legal systems in India and the United Kingdom are known for giving paramount importance to the rule of law.”

Chief Justice Ramana added that both the nations share a similar legal culture, where courts are known and respected as independent institutions. “Apart from this, the investors would be entering into a common familiar legal field as both nations follow the common law system. Laws on important issues are often convergent between both nations,” he said.

He said there is no denying that pendency of cases is a major issue in India and the reasons for this include growth of the Indian economy, population, rising awareness about rights etc.

“In the absence of infrastructure and sufficient number of judges commensurate with the increasing workload, the problem is intensifying. This is why I have been strongly advocating for transforming and upgrading the judicial infrastructure in India, as well as filling up of judicial vacancies and augmenting the strength,” he said.

He pointed out that after he became the CJI, “in addition to filling up 11 vacancies in the Supreme Court, the Collegia could secure appointment of 163 Judges to various high courts. 23 more recommendations are pending with the government”.

The CJI added that the Central government is yet to transmit another 120 names received from various high courts to the Supreme Court Collegium. “I have been reminding the government to expedite the process so that the remaining 381 vacancies can be reduced considerably. I am hoping for some forward movement in this regard,” he said.

He said another way of reducing the burden of pendency is to promote and popularise other means of dispute resolution, such as arbitration or mediation, adding that he has been a strong advocate of dispute settlement mechanisms that do not require litigants to face traditional litigation. He said the presence of international arbitration centres will not only boost India’s global position as an investor friendly nation but also will facilitate the growth of a robust legal practice.

“Personally, I think it is the era of Institutional Arbitration and Mediation in India. To catch up to the developed world, world class arbitration and mediation centres need to be set up and promoted. Individual arbitrators and mediators would have an opportunity to support, and develop these institutions, while also becoming empanelled,” the CJI said.

He said different state governments in India are taking active steps in establishing International Arbitration Centres, keeping in view global trends.

“The aim is to set up professionally-run arbitration and mediation institutions in India along the lines of the LCIA or the Singapore International Arbitration Centre. This is in line with the recommendations made by the Srikrishna Committee to the Government of India in 2017. Ultimately, the presence of modern infrastructure, with a global outlook, will attract both domestic and foreign parties to seek resolution of their disputes,” he added, while thanking FICCI and Indian Council of Arbitration for hosting this event and inviting him to inaugurate it.

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SC announces nine recommendations for elevation to top court

Currently, the top court has only one woman judge, Justice Indira Banerjee, who is set to retire in September 2022. There have only been eight women judges appointed in the Supreme Court till date…reports Asian Lite News.

Putting end to all speculation, the Supreme Court on Wednesday published on its website names of nine persons, including three women, it recommended for appointment as judges to the top court.

The names, finalized by Supreme Court Collegium headed by Chief Justice N.V. Ramana and comprising the four senior most judges of the top court, are: Justice Abhay Shreeniwas Oka, Justice Vikram Nath, Justice Jitendra Kumar Maheshwari, Justice Hima Kohli, Justice B.V. Nagarathna, Justice C.T. Ravikumar, Justice M.M. Sundresh, Justice Bela Trivedi, and senior advocate P.S. Narasimha.

The list includes three women judges, include Justice Nagarathna from the Karnataka High Court, who if elevated now, could become the country’s first woman CJI in February 2027. Her father, Justice E.S. Venkataramiah, had been the CJI for a few months in 1989.

The other two women judges selected by the collegium are Justice Kohli, who is the Chief Justice of Telangana High Court, and Justice Trivedi, of the Gujarat High Court.

Senior advocate Narasimha is the collegium’s choice for direct appointment to the bench. His recommendation has come nearly a week after the retirement of Justice Rohinton F. Nariman, who was the fifth lawyer to be directly appointed from the bar.

Of the other names finalised by the collegium are: Justices Oka, Vikram Nath, and Justice Maheshwari, are the Chief Justice of the Karnataka, Gujarat, and Sikkim High Courts, and Justices Ravikumar, and Justice Sundresh, both of the Kerala High Court.

These recommendations have been sent to the Law Ministry, which has the option of sending the recommendations back to the collegium for review. However, if these recommendations are re-submitted by the collegium, then names have to be approved.

Currently, the top court has only one woman judge, Justice Indira Banerjee, who is set to retire in September 2022. There have only been eight women judges appointed in the Supreme Court till date.

On Wednesday, Supreme Court’s Justice Navin Sinha retired, leaving 24 judges in the top court, which has a total strength of 34 judges. There has been no appointment after September 2019 as Chief Justice Ramana’s predecessor, Chief Justice S.A. Bobde did not make a single appointment during his 17-month tenure, as he couldn’t build a consensus on several names, stalling appointments in the top court.

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Tight-rope walk for judges, more so for a SC judge, says CJI

He stressed judges must not forget the social dimensions that is at the heart of every case before us. “This is our sacred duty and a burden that we bear gladly,” he added…reports Asian Lite News.

Chief Justice N.V. Ramana on Wednesday said the process of decision-making goes beyond the knowledge and application of principles of law, as he emphasised how judges are often caught in the dilemma of morality versus legality, in the quest to deliver justice.

In his remarks at Supreme Court judge, Justice Navin Sinha’s virtual farewell function, organised by Supreme Court Bar Association, he cited a quote: “Doing the right thing is not the problem. Knowing what the right thing is, that’s the challenge. We judges are often caught in the dilemma of morality versus legality, in our quest to deliver justice. There are multiple sleepless nights, that we go through to resolve such issues. It is often a tight-rope walk, more so, for a Supreme Court judge. After all, the Supreme Court is the final arbiter.”

Chief Justice Ramana emphasized the process of decision making goes beyond the knowledge and application of principle of law. “It needs moral courage to render an opinion which might displease many. It is imperative for judges not to be swayed by these external pressures”, he said.

He noted that impartiality is not an easy quality to possess or apply to the cases before them.

“We often carry our individual baggage, our biases and prejudices which can unconsciously affect the decision-making process. Our social conditions, upbringing and life experiences often colour our opinions and notions. But, when we adorn the robe of a judge, we must make a conscious effort to cast aside our biases and prejudices,” said the CJI, adding equality, objectivity and even-handedness form crucial aspects of fairness.

He stressed judges must not forget the social dimensions that is at the heart of every case before us. “This is our sacred duty and a burden that we bear gladly,” he added.

Justice Sinha was elevated to the top court on February 17, 2017. During his tenure, he penned 114 judgments on diverse topics including intellectual property, criminal law, and many more. He has disposed of over 13,671 cases in the Supreme Court.

In his farewell speech, he emphasised on training young lawyers to benefit both the bar and the bench. “Humility lies in recognising one’s own shortcoming and address it. In today’s time when competition is stiff and laws are tough, I believe younger generation of lawyers need to be trained,” said Justice Sinha.

He further added that young lawyers must be taught manner and demeanour of a lawyer. “When the lawyer appears, a judge should be able to trust him..,” Justice Sinha said.

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