Howard M. Friedman (LexBlog India)

23 results for Howard M. Friedman (LexBlog India)

  • Indian Court Orders Wide-Ranging Protections For LGBTIA+ Community

    In an unusual 107-page opinion earlier this month, a Justice of the Madras High Court in India handed down a wide ranging series of directives to be undertaken by various government agencies to protect the safety of the LGBTQIA+ community, and to eliminate prejudice against them.  In Sushma v. Commissioner of Police, (Madras High Ct.,...

  • Court In India Dismisses Charge That Facebook Post Violated Blasphemy Law

    In India, the High Court of the State of Tripura dismissed a complaint filed against petitioner claiming that he violated Section 295A of the Indian Penal Code through a Facebook post. That section prohibits deliberate and malicious acts intended to outrage religious feelings by insulting religion or religious beliefs. In Gosh v. State of Tripura, ...

  • India’s Hindu Nationalist Government Cancels Scheduled Exam On Cows

    New York Times reports that in India, Prime Minister Narendra Modi’s Hindu nationalist government has postponed offering a widely criticized exam on cows for which 500,000 people had already registered: Critics said the curriculum, devised by the National Cow Commission set up by Mr. Modi’s government, was an especially bold move by his ruling party to...

  • Recent Articles of Interest

     From SSRN: Timothy Lubin, Dignity and Status in Ancient and Medieval India, (Human Dignity in Asia: A Dialogue between Law and Culture, edited by Jimmy Chia-Shin Hsu (Cambridge University Press, Forthcoming). Neil James Foster, Statutory Construction and Biblical Hermeneutics- Law in the Service of the Gospel?,  ((2020) 252 St Mark’s Review 106-128). From BYU Law Review,...

  • 2020 Census Will Tabulate Sikhs As Ethnic Category

    India West reported yesterday that for the first time, Sikhs can be counted in the ongoing 2020 census as a separate group, despite the legal prohibition on the census asking questions about religion.  The Census Bureau will consider Sikhism to be a cultural or ethno-religious category.  As explained by India West: Sikhism does not appear...

  • California Sues Cisco Alleging Caste-Based Discrimination

    In a June 30 press release, the California Department of Fair Employment & Housing announced the filing of an unusual employment discrimination lawsuit against Cisco Systems, Inc. and two of its managers: The lawsuit alleges that managers at Cisco’s San Jose headquarters campus, which employs a predominantly South Asian workforce, harassed, discriminated, and retaliated against...

  • Recent Articles of Interest

    From SSRN: Nicholas Aroney, Federalism: A Legal, Political and Religious Archeology,(March 6, 2020). Kyle Velte, Errant Exceptionalism, (March 6, 2020). Sabah Mofidi, Religion and Political Culture in Eastern Kurdistan, (Journal of Middle Eastern Research 2 (2019) 45-65). Anne Levesque, Assessing Litigation Strategies by Government Respondents to Human Rights Complaints, (Canadian Journal of...

  • USCIRF Hearing On Citizenship Laws and Religious Freedom

    The U.S. Commission on International Religious Freedom held a hearing yesterday on Citizenship Laws and Religious Freedom. The hearing focused on the use of citizenship laws to deny rights to religious minorities, with emphasis on developments in India and past actions in Burma. The written statements submitted in the hearings are available on USCIRF’s website.

  • Trump Praises Modi’s Efforts On Religious Freedom In India

    At his press conference (full text) in New Delhi, India yesterday, President Donald Trump responded to a question about religious freedom in India: Q    While you’ve been here in the country, in the capital, the northeast part of Delhi, there have been violent clashes.  Police have been killed, some demonstrators.  Nine deaths so far,...

  • Suit In India Over Discriminatory Citizenship Law

    In India, the state of Kerala has filed suit in the Supreme Court challenging as discriminatory the Citizenship Amendment Act, 2019, and various prior rules on citizenship for members of certain religious minorities who entered the country illegally. The complaint (full text) in State of Kerala v. Union of India, (India Sup. Ct., filed 1/14/2020), alleges in...

  • India Supreme Court: State Commission Can Choose Teachers For Madrassas

    In Rafique v. Managing Committee, Contai Rahamania High Madrasah,(India Sup. Ct., Jan. 6, 2020), a 2-judge panel of India’s Supreme Court in a 151-page opinion upheld a law in the state of West Bengal under which a government appointed Commission selects teachers for Islamic Madrassas. The Court held that the Act does not infringe on the right...

  • India’s Supreme Couirt Will Review Controversial Citizenship Law Amendments

    On Dec. 12, India’s Citizenship (Amendment) Act, 2019 (full text) that was passed by Parliament received assent of the President.  The controversial new law  allows migrants who came into India from Afghanistan, Bangladesh, or Pakistan on or before December 31, 2014, and who belong to the Hindu, Sikh, Buddhist, Jain, Parsi, or Christian religious communities, to...

  • USCIRF Criticizes Action In India That Targets Bengali Muslims

    Yesterday the U.S. Commission on International Religious Freedom issued a report titled The Religious Freedom Implications of the National Register of Citizens in India. The report says in part: On August 31, 2019, the government of the northeastern Indian state of Assam released an updated National Register of Citizens (NRC), originally introduced in 1951 as...

  • House Holds Hearings On Human Rights Issues In India’s Jammu and Kashmir

    Last Thursday, the House of Representatives Tom Lantos Human Rights Commission held hearings on Jammu and Kashmir in Context. The Committee sets out the context: The Indian government’s decision to change the legal status of the Muslim-majority state of Jammu and Kashmir, announced in August and effective as of October 31, 2019, has attracted intense attention due...

  • India’s Supreme Court Awards Disputed Ayodhya Site To Hindus

    In M Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors, (India Supreme Court, Nov. 9, 2019), in an opinion that spans 1,045 pages, the Supreme Court of India ruled on a decades-old dispute over a piece of land claimed by both Hindus and Muslims.  BBC summarized the decision: India’s Supreme Court has ruled that the...

  • Court In India Reduces Power of Ecclesiastical Courts In Goa

    Hindustan Times of Oct. 19 reports: After hearing two separate petitions filed by persons whose marriages were annulled by a so-called church court, the Bombay high court at Goa has struck down Article 19 of a Portuguese edict that gave legal sanctity to rulings of ecclesiastical tribunals in the former Portuguese colony The high court...

  • Court In Indian State Bans Animal Sacrifice

    In Bhattacharjee v. State of  Tripura, (Tripura High Ct., Sept. 27, 2019), a 2-judge panel of the High Court in a state in northeast India prohibited the sacrifice of animals or birds in any temples in the state. In its 72-page opinion, the court held that only practices which are an “essential and integral part of religion”...

  • Recent Articles of Interest

    From SSRN: Hashika Durai & K. Niranjana, A Study on Religious Laws and Religious Crimes in India, (August 26, 2019). Cyra Akila Choudhury, Reflections on the Christchurch Massacre: Incorporating a Critique of Islamophobia and TWAIL, (TWAILR: Reflections – 9/2019). Perry Dane, Echad: A D’var Torah on Parshat Vaetchanan, (August 17, 2019). Mark Kelman, What is in...

  • Indian Parliament Outlaws Triple Talaq

    India’s Parliament yesterday gave final passage to The Muslim Women (Protection of Rights on Marriage) Bill, 2019 (full text) (bill summary). The bill now goes to the President for his assent. The new law outlaws “triple talaq”, the procedure under which a Muslim husband divorces his wife by uttering the word “talaq” three times to her.  The...

  • Recent Articles of Interest

    From SSRN: Zainab Ramahi, Veiled Muslim Women: Challenging Patriarchy in the Legal System, (Berkeley Journal of Gender, Law & Justice, Vol. 33, 2018). Sumit Sonkar, From Shah Bano to Shayara Bano: Itinerary of Gender Equality of Muslim Woman in India, (Indian Bar Review, Vol.45 (1) 2018). Satang Nabaneh & A.S. Muula, Female Genital Mutilation/Cutting in...

  • Michigan Charges Five Priests On Criminal Sexual Conduct

    Michigan Attorney General Dana Nessel last week announced: Five men who were priests have been charged with a total of 21 counts of criminal sexual conduct, Michigan Attorney General Dana Nessel announced at a news conference this morning in Lansing.  Four of the men have been arrested; one awaits extradition in India. A sixth Michigan...

  • Indian Court Says Hindu Marriage Act Covers Marriage Involving Transgender Woman

    A trial court in India has held that a marriage between a man and a transgender woman, both of whom profess the Hindu religion, is valid under the Hindu Marriage Act and the Registrar of Marriages is required to register the marriage. In Arunkumar v. Inspector General of Registration, (Madras High Ct., April 22, 2019), the...

  • Recent Articles and Book of Interest

    From SSRN: Puranjay K. Vedi, Working Paper: Muslims, Their Identity and Discontent in India, (October 1, 2018). Puranjay K. Vedi, Working Paper: Decoding Anandpur Sahib Resolution, (November 19, 2018). Puranjay K. Vedi, Working Paper: A Brief Introduction to Old Russia, (November 19, 2018). Kathryn Chan & Howard Kislowicz, Divine Intervention, Part I: A Study of...

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