Open Mike 2 : Uniform Civil Code etc. (a comment republished)

I'm creating a new post of one of Santhosh's comments since the comments are hidden away from the main page. Lots of relevant points and interesting links in this comment post. Hence putting this up here.

Hi All,

In last TOM, one discussion led to another and we reached a point
where we talked about 'Religion and State' in the US. So, the general
thought was that religion and state are sufficiently separated in at
least how laws are formed. I was not so sure about it. Did some more
research to find that -

1. Legal cases regarding interpretation of laws and separating the
bible from rights/laws -
http://www.pbs.org/flashpointsusa/20040127/infocus/topic_02/

2. While its generally true that the federal constitution is free from
the mention of 'god', state constitutions are not -
http://www.usconstitution.net/states_god.html
( In fact, in Arkansas and maryland, if you don't believe in God, you
are constitutionally forbidden from being witnesses in a trial.)

3. When presidents form opinions on aspects like abortion or gay
marriage based on their faith or bible
(http://www.pbs.org/flashpointsusa/20040127/infocus/topic_03/index.html
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=33837), it
does mean that religion could play a role in the direction of law
making process.

4. If a presidential nominee can put an 'advtmt' mentioning himself as
a 'Christian Leader' (
http://www.youtube.com/watch?v=BjtGgfhKIvo
http://www.nytimes.com/2007/11/27/us/politics/27adbox.html?_r=3&adxnnl=1&oref=slogin&adxnnlx=1203354583-04/njadOVSrhAAvZSuRbkA&oref=slogin).
it again shows the belief of the nominee who is not hesitant to admit
most of his thought process would be based of what his faith taught
him. If elected, this faith could play a role in law making process.

Now, I sent these links to not discuss the merit vs demerits of
religion in state - but, just to understand that religion does
influence policies and law making process in many countries including
the US.

Thanks,
Santhosh.

Open Mike 2 : Uniform Civil Code etc. (minutes)

We started the discussion with Uniform Civil Code and then it meandered after a rather desultory fashion.


* Discussion on Uniform Civil Code. Details of what is legal, and what is open to social interpretation. When is human rights violated and the law should step in, and when is the local community law applicable? Specifically talked about the details in issues of:
-- land holdings and property acquisition
-- marriages and divorces
-- inheritance and bequeaths

* Discussion on Prison systems, and death penalty. Should we ever have death penalties? What is the motivation of a prison system? Is it to isolate the bad elements of society (hide the problem) or is it to reform the harmful-non-conformists to become either conformists or harmless?

* Discussion on the freedom of press, and what level of personal privacy is legally considered okay to invade.

Open Mike 2 : Uniform Civil Code etc. (links)

[1]Winds of change : The All India Muslim Personal Law Board (AIMPLB) recently suggested that the custom of the man declaring "talaq" at one go and divorcing his wife should be discouraged. It stopped short of drafting further reform to the marriage contract, but this decade is seeing muslim women asserting for more, says Kalpana Sharma.

[2] Obscuring the real issues : Opinion piece by Pratap Bhanu Mehta on Supreme Court judgement/recommendation related to Uniform Civil Code

[3]Unifying Personal Laws: By V.R.Krishna Iyer, retired supreme court justice

[4]Supreme Court Ruling that commented on UCC

[5]Open page on 'Hindu' : UCC and national integration

[6]Dissecting a directive : Book review

[7]India succession act amendments proposed by the NCW - National Commission for Women

[8]Hindu Code Bill

Open Mike 2 : Uniform Civil Code etc. (topic)

Details:
Thursday Open Mike 2
Topic: Uniform Civil Code and other topics
February 14, 2008 [Thursday]
@ 8PM in Gaurav's House.
1781 Spyglass Drive #244
Austin TX 78746

Open Mike 1 : Land Acquisition and Land Reforms (minutes)

Session I - Minutes/areas of discussion

Land Acquisition and Land Reforms

* Discussion on wall street journal article

* Land reforms turned into land acquisition.
- Zamindari system pre-independence was the reason for land reforms
- Land reforms were not implemented and land redistribution did not
happen to a large extent
- Now government uses the same laws and eminent domain to confiscate land

* Brief discussion on Land issues in other parts of the world - South africa and Brazil - implementation of Land reforms. India and China - Land acquisition by State.

* We moved on to discussion legal frameworks and what could be a possible solution in the case of SEZs. One suggestion was to repeal law that made sale of agricultural land impossible.

* Discussion led to forms of governance - how communities can have more say - more power/finances to local governments with a federal framework ?

* Discussion on corruption - why its most in India. Comparision to US. Why do we accept it as part of life ? - What is the solution - incentives - to be not corrupt and punishment when corrupt - Does the society need to encourage questioning of such corruption in the system, or will the solution actually cause such questioning to happen ?

* Discussion on the 9th Schedule - Tug of war for more power between Supreme court and legislative body. Discussion on how Supreme court can question any law and interpret the constitution and what constitutes a fundamental right. some discussion on judicial activism and specifics

Open Mike 1 : Land Acquisition and Land Reforms (links)

[1] Shruti Rajagopalan's article "India's Property Wrongs" in The Wall Street Journal. This article gives a history behind how India came to have its current version of land laws in the constitution, and presents an interesting viewpoint into the Singur and Nandigram scenario. Shruti is a former research associate of the Public Interest Legal Support and Research Center.

[2] Land Research Action Network's backgrounder on India's Land Reforms. LRAN is a network of researchers and social movements that work towards promoting the right of individuals and communities to land. The backgrounder (in two parts online, or a single PDF) details the history of India's land reforms and its various issues and challenges. LRAN has studies on many countries. Links here to Brazil, South Africa, and Venezuela. This page has link to all the countries they've researched on.

[3] The Great Betrayal: Indian Land Reforms by Venu Govindu. Venu Govindu reviews Siddharth Dube's Words Like Freedom : Memoirs of an Impoverished Indian Family 1947-1997. Artcile in India Together. Other articles in India Together related to land issues are here.

[4] "Give me Land" is a BBC four-part series on struggles for land - it covers South Africa, India, China and Brazil.

[5] "Ninth Schedule: What the Supreme Court judgement means" an article by Indira Jaising in Rediff on the January 11, 2007 Supreme Court judgement. Indira Jaising is a senior Supreme Court lawyer.

[6] Agrarian Reform for a Liberal Pattern of Society? Karnataka's Land Policy and the New Dispensation. By Ronald Herring of Cornell University. (pdf link) To quote from the Abstract of the article:

It is puzzling how much the discourse of development has backed away from the seemingly central question of rural poverty: land. Elaborate rules concerning its distribution, rights, regulation, protection, utilities have multiple development objectives, but poverty alleviation, individual liberty and community revitalization have long been on the stated agenda throughout India -- with radically varying levels of effort and effect. The Karnataka Land Reforms Act [Amended] that came into force on March 1, l974, is in line with the vision of the founders. Its pattern reflects -- more so than in West Bengal, which is widely lauded for its agrarian reforms -- the conclusions of the Congress Agrarian Reforms Committee of l949 and promoted over time with variable enthusiasm by Union governments. Such agrarian reforms have been considered among the most important mechanisms for achieving a socialist pattern of society as indicated in the Preamble and Directive Principles of State Policy (Part IV) of the Constitution. Elaborate and careful policy thinking by the founders connected classic agrarian reforms with poverty alleviation. What happens to land policy as liberal economic policy replaces “socialism” as directive principle? There are widespread claims -- both normative and empirical -- of "reversal of land reforms" in various parts of India under pressure of new export strategies, globalization, and multiplication of sub-subsistence holdings over time. What are the implications of reforming the reforms for poverty alleviation under new conditions?

[7] Various articles on Land Tenure, Agrarian Structure, and Land Reform by Professor Frithjof Kuhnen. (html and pdf links to the articles on the page.) Dr. Kuhnen is a professor of Rural Development at the University of Göttingen.

[8] Impact of Agrarian Reform on Poverty by Celia M. Reyes on the reforms in the Philippines. (pdf link)

[9] World Forum on Agrarian Reform

[10]India together articles on Land Reforms and acquisition

Open Mike 1 : Land Acquisition and Land Reforms (topic)

Details:
Thursday Open Mike
Topic: Land Acquisition and Land Reforms
January 31, 2008 [Thursday]
@ 8PM in Gaurav's House.
1781 Spyglass Drive #244
Austin TX 78746

Tonight's open mike will center around "Land Acquisition and Land Reforms". Just because that was the first topic I received. Anyway its open mike, so the discussions can go anywhere. I'll try to gather some information about this in different countries and such before the session.