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The Hindu
a day ago
- Politics
- The Hindu
Manipur Congress seeks clarity from Governor on Assembly status
The Manipur Pradesh Congress Committee on Tuesday (July 22, 2025) sought clarification from Governor Ajay Kumar Bhalla regarding the constitutional status of the State's 60-member Legislative Assembly, which has not convened since August 2024. President's Rule was imposed in Manipur on February 13 this year, following the resignation of Nongthombam Biren Singh as Chief Minister on February 9, amid the ongoing ethnic conflict in the State. In a memorandum submitted to the Governor, State Congress president K. Meghachandra Singh questioned whether the 12th Manipur Legislative Assembly 'is still alive or already dead' or 'constitutionally deemed to be dissolved from midnight' of February 11, two days prior to the imposition of President's Rule. 'The last sitting of the 60-member House was held on August 12, 2024, and according to Article 174(1) of the Constitution of India, the next sitting ought to have been mandatorily held on or before February 11. However, Mr. Biren Singh resigned as the Chief Minister on February 9, and on that day, the Governor declared his January 24 order summoning the Assembly for February 11 to be null and void,' said Congress spokesperson and advocate Ningombam Bupenda Meitei. Mr. Meitei was part of a four-member delegation from the Congress's legal department that submitted the memorandum at the Raj Bhavan in Imphal. The other members included Wahidur Rahman, S. Shyamacharan, and L. Brojen Singh. The delegation noted that the Assembly was not in suspension at the time of the Chief Minister's resignation, and thus Article 174(1) — which mandates that no more than six months should elapse between two sittings of a Legislative Assembly — remained applicable. The Congress said the Governor's February 9 order effectively 'circumvented the rigours of Article 174(1)' and further delayed the Assembly's sitting beyond the constitutionally permitted time frame. The party asked the Governor to clarify whether the 12th Legislative Assembly has remained 'alive', 'dead', or 'dissolved' since February 12. It also sought to know whether the Governor would now be 'constitutionally barred from summoning the sitting for the next session' of the current Assembly's remaining term. The memorandum added that any gubernatorial action or order requiring a new Chief Minister to undergo a floor test 'would tantamount to the violation of Article 174(1)'.
The Hindu
a day ago
- Politics
- The Hindu
Madras High Court restrains DMK from OTP verification for its ‘Oraniyil Tamil Nadu' campaign
The Madurai Bench of the Madras High Court, on Monday (July 21, 2025), by an interim order restrained the ruling DMK from sending OTP verification messages to mobile phones of people during its ongoing 'Oraniyil Tamil Nadu' membership drive. A Division Bench of Justices S.M. Subramaniam and A.D. Maria Clete said interim injunction was being granted to the limited extent (of OTP messages) till the issue of right to privacy and data protection were examined in detail, since fundamental rights of the people are at stake. The court noted during the door-to-door membership drive, personal information, including mobile phone numbers, were obtained and OTP verification messages were sent to the phone numbers. There is a concern of data breach. 'Data protection of the individuals is an essential element of Article 21 of the constitution. In the absence of accountability and transparency in the data collected from individuals across the State it is an issue which needs elaborate analysis,' the judges said. The data could potentially be used by third party companies, who are managing the data for political parties and serious concerns on privacy are at the forefront. The infrastructure available for collection and protection of individual data in the membership drive are not made clear. Data protection and voter data privacy are the essential facets of Article 21 of the Constitution and falls within the ambit of right to privacy, the court observed. The judges felt information about personal political affiliation can be used to disenfranchise voters through voter surveillance. 'Digital membership drives conducted by political parties in recent times are a new area of study whereby there is a clear departure from conventional modes of inducting party members,' it pointed out. A clarity is required as to the means and infrastructure adopted by the political parties to collect, process and store data from the public. How the data is stored and processed and the implications on the right to privacy of the voter including the right to privacy of the political affiliation ought to be examined. Noting valid and free consent is an essential part of such membership programmes, the court said no force or coercion should be employed and directed the DMK to provide details on the data privacy policy employed in the membership campaign and ensure the security of the data collected and whether 'informed consent' was obtained from the individuals. 'It is also to be seen if other smaller or economically challenged political parties will be put in a disadvantageous position and will it disturb the level playing field in the election thereby impacting Article 14 of the Constitution,' the court observed while hearing the public interest litigation petition filed by S. Rajkumar of Sivaganga district. The court ordered notice to the Centre and the State government and DMK and posted the matter for hearing after two weeks. In her separate order to the one authored by Justice Subramaniam, Justice Maria Clete observed she agreed to grant interim order in light of the serious concern relating to personal data protection and digital privacy. However, she made it clear such relief was extended with circumspection, particularly in the absence of a counter affidavit and without full knowledge of the programme's operational framework. Justice Clete associated herself with the operative interim direction. However, she expressed 'respectful reservation' with regard to that paragraph of the order on smaller or economically challenged political parties as it contained certain broader observations which in her view were not immediately germane to the legal and factual matrix present before the court. The judge directed the matter may be listed for further hearing on the filing of the counter affidavit and production of relevant materials by the respondents.
The Hindu
2 days ago
- Politics
- The Hindu
DMK restrained from OTP verification for its ‘Oraniyil Tamil Nadu' campaign
The Madurai Bench of the Madras High Court on Monday by an interim order restrained the ruling DMK from sending OTP verification messages to mobile phones of people during its ongoing 'Oraniyil Tamil Nadu' membership drive. A Division Bench of Justices S.M. Subramaniam and A.D. Maria Clete said interim injunction was being granted to the limited extent (of OTP messages) till the issue of right to privacy and data protection were examined in detail, since fundamental rights of the people are at stake. The court noted during the door-to-door membership drive, personal information, including mobile phone numbers, were obtained and OTP verification messages were sent to the phone numbers. There is a concern of data breach. 'Data protection of the individuals is an essential element of Article 21 of the constitution. In the absence of accountability and transparency in the data collected from individuals across the State it is an issue which needs elaborate analysis,' the judges said. The data could potentially be used by third party companies, who are managing the data for political parties and serious concerns on privacy are at the forefront. The infrastructure available for collection and protection of individual data in the membership drive are not made clear. Data protection and voter data privacy are the essential facets of Article 21 of the Constitution and falls within the ambit of right to privacy, the court observed. The judges felt information about personal political affiliation can be used to disenfranchise voters through voter surveillance. 'Digital membership drives conducted by political parties in recent times are a new area of study whereby there is a clear departure from conventional modes of inducting party members,' it pointed out. A clarity is required as to the means and infrastructure adopted by the political parties to collect, process and store data from the public. How the data is stored and processed and the implications on the right to privacy of the voter including the right to privacy of the political affiliation ought to be examined. Noting valid and free consent is an essential part of such membership programmes, the court said no force or coercion should be employed and directed the DMK to provide details on the data privacy policy employed in the membership campaign and ensure the security of the data collected and whether 'informed consent' was obtained from the individuals. 'It is also to be seen if other smaller or economically challenged political parties will be put in a disadvantageous position and will it disturb the level playing field in the election thereby impacting Article 14 of the Constitution,' the court observed while hearing the public interest litigation petition filed by S. Rajkumar of Sivaganga district. The court ordered notice to the Centre and the State government and DMK and posted the matter for hearing after two weeks. In her separate order to the one authored by Justice Subramaniam, Justice Maria Clete observed she agreed to grant interim order in light of the serious concern relating to personal data protection and digital privacy. However, she made it clear such relief was extended with circumspection, particularly in the absence of a counter affidavit and without full knowledge of the programme's operational framework. Justice Clete associated herself with the operative interim direction. However, she expressed 'respectful reservation' with regard to that paragraph of the order on smaller or economically challenged political parties as it contained certain broader observations which in her view were not immediately germane to the legal and factual matrix present before the court. The judge directed the matter may be listed for further hearing on the filing of the counter affidavit and production of relevant materials by the respondents. Ends
The Sun
3 days ago
- Politics
- The Sun
Court halts sexual assault suit against PM Anwar Ibrahim
PUTRAJAYA: The Court of Appeal has granted a stay in the civil suit filed against Prime Minister Datuk Seri Anwar Ibrahim in 2021 by his former research officer, Muhammed Yusoff Rawther over allegations of sexual assault. The decision effectively puts the High Court trial on hold, pending the outcome of constitutional issues that are being brought before the Federal Court. The decision, made by a three-member panel today, means the trial will not proceed until the appellate court hears the Prime Minister's appeal against the High Court's refusal to refer key constitutional questions to the apex court. Case management has been set for Sept 2, during which a hearing date for the appeal will be scheduled. In a statement, Anwar's lead counsel Datuk Seri Rajasegaran S Krishnan stressed that the Prime Minister is not seeking immunity from legal action or attempting to avoid trial. 'The Prime Minister is simply asserting his right to raise constitutional questions of public importance before the trial begins,' he said. Among the questions raised are whether civil suits involving a sitting prime minister's conduct prior to taking office should be subject to safeguards and whether there should be protection from politically motivated suits aimed at undermining a government—similar to SLAPP (Strategic Lawsuit Against Public Participation) cases. The legal team also questioned whether a filtering mechanism should be in place—similar to those applied to judges or Malay Rulers under Article 183 of the Federal Constitution—before such suits are allowed to proceed. 'These are serious and unprecedented questions. If not addressed, any Prime Minister could be targeted with lawsuits timed for political impact, risking the stability of the executive,' the statement added. The stay allows the appellate courts to consider the constitutional implications before the trial resumes. 'The prime minister has nothing to hide and is ready to respond to all claim through a process that respects the Constitution and the balance of powers it upholds,' said Rajasegaran. halting the sexual assault suit filed against him in 2021 by former research officer Muhammed Yusoff Rawther. The civil suit against Anwar was filed by his former research assistant, Muhammed Yusoff Rawther who alleged that he was sexually harassed by Anwar in 2018. The lawsuit, filed in 2021, claims the incident took place at Anwar's private office. Anwar has strongly denied the allegation, calling it baseless and politically motivated. The High Court had previously fixed the trial to begin in June this year. Anwar had sought the apex court to rule whether Articles 5,8,39,40 and 43 of the Federal Constitution grant him qualified immunity from Yusoff's suit. Anwar had asked the court to decide whether Yusoff's suit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers. He had also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the Constitution.
Express Tribune
4 days ago
- Politics
- Express Tribune
The labour of being young: Punjab Labour Code & children
By Nabila Feroz Bhatti | Nabila Feroz Bhatti is a human rights activist and columnist. She is Member Working Group at National Commission on the Rights of Child. She can be connected at nabilaferoz@ or on X: @NabilaFBhatti All facts and information are the sole responsibility of the author facebook twitter whatsup linkded email The Punjab Labour Code (PLC) by the provincial government, under the guise of consolidating labour laws, was introduced as an attempt to combine various labour laws enacted between 1923 and 2023. However, labour organisations argue that the new code goes beyond consolidation as it effectively diminishes workers' rights and protections. The government has promoted PLC as a means to attract greater investment to the province. However, it exposes the underlying intent: to make labour cheaper, more flexible, and easily disposable in the service of commercial gain. The new code, by favouring business interest over worker rights will institutionalise a model of development rooted in labour exploitation rather than equitable and sustainable progress. In effect, it shifts the paradigm of labour relations in Pakistan away from social justice and human rights and toward corporate flexibility and state control. The most significant points of contention include the legalisation of the contract labour system, restrictions on trade unions, the abolition of the right to strike and provisions that could legitimise child labour. It does not only legalise the contract system, which will lead to the elimination of job security, but also provides legal cover to the advance payment (Peshgi) system in the kiln industry, a practice that has historically led to bonded labour. It contravenes Article 17 of the Constitution of Pakistan and ILO Fundamental Conventions 144-C and 87. Various other issues, such as the appointment of judges and bureaucratic centralisation, are also under scrutiny. With 467 sections spread over 315 pages, the code is seen as overly complex, making it difficult for workers to understand their rights. Various sections of the code are interdependent, requiring readers to constantly cross-reference different parts of the document, further complicating the interpretation of the law. Effect on children Labour organisations and child rights activists are critical of the PLC's provisions related to children. According to the labour groups, it will increase the volume of child labour in the province as it fails to create opportunities for adequate educational and training facilities for children below the age of 16. In developed countries where children are involved in light work, they mostly get light work assignments related to their educational field and future career, so that in addition to money, they can get training. According to Section 23 (1), no child below the age of 16 years shall be engaged or permitted to work in any occupation or process. However, Section 24 states that engagement of children in light work can be in the age of 14 years but under 16. The terminology is confusing here. If Section 23 defines work as labour and section 24 defines work as light work, so who will be able to differentiate it in a province where 40 percent children are not registered; where there is no dedicated child labour inspection system. According to International Labour Organization (ILO), there is insufficient staffing of labour inspectors, limited training on child labour issues, and lack of coordination between inspection authorities and child protection systems in Pakistan. The jurisdiction of labour inspectors is often limited to the formal sector. Additionally, the code introduces presumptions about child labour, particularly in informal sector like brick kilns and domestic work, which, the labour groups believe, will only worsen the situation. Ironically, child domestic labour (CDL) is not included in Schedule 2; List of Hazardous Works. Though Schedule 2 includes; working with sewer pipelines, pits and storage tanks; Lifting and carrying of heavy weight (15kg and above); Spice grinding; Cooking food in restaurants and as business; Night work etc but does not contain CDL. Although these mentioned activities and several other included in Schedule 2 are performed by child domestic workers daily. It is a long demanded plea of child rights activists to include CDL in the list of hazardous works. Similarly, the code dismantles legal protections against child labour. Laws such as the Children (Pledging of Labour) Act, 1933 and provincial legislation like the Punjab Prohibition of Child Labour at Brick Kilns Act 2016 are being nullified, which could potentially increase child exploitation, especially in the informal and unregulated sectors. These repeals directly contradict Pakistan's commitments to the United Nations Convention on the Rights of the Child and relevant ILO conventions on child labour. Nonetheless, women workers stand to lose significantly which will affect the children directly. The repeal of the Punjab Maternity Benefit Ordinance 1958 puts critical health and social protections for women at risk, leaving women vulnerable during pregnancy, childbirth, and maternity leave. Twelve weeks of maternity protection provided under the 1958 Maternity Ordinance have been halved to just 6 weeks under the draft PLC. It directly hits the children's right to survival. At the family level, if job security of the labourers will be at risk, they will be hired on temporary contracts, and they don't have a right to choose their representatives to form a powerful union, then there will be increased unemployment, poor bargain power and economic exploitation of labour, which will adversely affect the children. This code provides legal cover to Peshgi system, creating more bonded labour; children in the family will also be the part of bonded labour. The cycle of indebtedness and family's poor financial condition will directly affect the needs and rights of children. In sum, if children are vulnerable in any society, the country cannot produce healthy and efficient citizens and cannot lead to the path of progress. Any legislation, including the Punjab Labour Code 2024, must be developed with section-by-section consultation with workers' representative organisations as required under the ILO conventions. The paradigm of labour relations should be based on social justice and human rights in Pakistan.
