000-tobecategorised

Court on climate right and how India can enforce it  https://www.thehindu.com/opinion/lead/court-on-climate-right-and-how-india-can-enforce-it/article68352441.ece   Navroz Dubhash & Others of  Climate futures Collaborative July 01, 2024 Also available at https://afeias.com/wp-content/uploads/2024/07/01-07-24-Newsclips.pdf
Because India is still developing, what the country needs is a law that enables progress toward low-carbon and climate resilient development
One way forward is the slow accretion of judicial decisions around this right. But another is new
legislation to actively realise a right against the adverse effects of climate change. -.. ensuring that the law works effectively within Indian federalism. Many areas relevant to climate action, from urban policy to agriculture and water fall under the authority of sub-national governments — States or local levels, and electricity also is a concurrent subject. ..

Business, civil society and communities, particularly those on the frontlines of climate impacts, have essential knowledge to bring to energy transition and resilience. Finding ways of enabling participation in decision making would enable all these sections of society to bring their knowledge to the table in addressing climate change. 

Supreme Court of India bolts Right To Life with climate justice https://energy.economictimes.indiatimes.com/news/renewable/supreme-court-of-india-bolts-right-to-life-with-climate-justice/109874429 The recent Supreme Court of India judgment M K Ranjitsinh & Ors. v. Union of India reads in the right against climate change to protect the rights to life, health, food, water and a healthy environment. It recognizes the collective responsibility to take immediate action and advocates for policies that prioritize both human rights and climate action.

Human Rights as defined by the PHR Act 1993 means rights relating to life, liberty, equality and dignity of an individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India, i.e., Universal Declaration of Human Rights (UDHR); International Covenant on Civil and Political Rights (ICCPR); International Covenant on Economic, Social and Cultural Rights (ICESCR); International Convention on Elimination of all Forms of Racial Discrimination; The Convention on Elimination of all Forms of Discrimination Against Women.

The 42nd constitutional amendment 1976 introduced the principle of environmental protection in an explicit manner into constitution through introduction of Article 48A and Article 51A (g). Article 48A part of the Directive Principle of State Policy provides that “State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.” Additionally, Article 51A(g) specifically stipulates the “fundamental duty of the citizens to protect and improve the natural environment which includes forests, rivers, lakes, wildlife and to have compassion for living creatures.” Under T.N. Godavarman Thirumalpad v. Union of India & Ors. (1997), The Supreme Court ruled that both the state and its residents have a fundamental duty to preserve and protect their natural resources. The recent judgment obliquely makes way for an enforceable right, and a potential obligation on the state unless the same is overturned by an act of Parliament.

India's Majority Population Would Be In Minority One Day If Conversions In Religious Congregations Not Stopped: Allahabad HC
Sparsh Upadhyay
1 July 2024  https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-india-majority-population-minority-conversions-religious-congregations-not-stopped-261962   "Article 25 of the Constitution of India provides for Freedom of conscience and free profession, practice, and propagation of religion, but it does not provide for conversion from one faith to another faith...The word 'Propagation' means to promote, but it does not mean to convert any person from his religion to another religion," the Court said.

Importantly, the bench also noted that it has come to its attention in several cases that unlawful conversions of people from SC/ST castes and other economically disadvantaged groups to Christianity are occurring at a "rampant pace" throughout the State of Uttar Pradesh.

Whatsapp: MAC:  I wish the concerned Judge had gone through the matter properly and appropriately investigated to find out if the said people were actually converted instead of making his own conclusions...The fact remains that till today there is not a single conviction of anyone being forcefully converted in any courts of law anywhere in our country though there are hundreds of cases filed against pastors with allegations of forceful conversions. Most of them have been acquitted by the courts. ..The judge in the same order acknowledges that the said brother is not converted to Christianity. In the order he goes on to say that huge numbers of people were taken to Delhi to convert them by paying huge money. What proof does he have to make such a statement? 

 US Supreme Court allows cities to ban homeless camps   https://www.bbc.com/news/articles/cj774nxrpy7o By Samantha Granville, The US Supreme Court has ruled in a 6-3 vote along ideological lines that cities can ban homeless people from sleeping rough.
It is the court's most significant decision on homelessness since at least the 1980s, when many experts say the modern US homeless crisis began. The ruling says that local governments can enforce laws against people sleeping in public places without being in violation of the US constitution's limits on cruel and unusual punishment.

Comment on WA: I suppose the saving grace is the part which says " without being in violation of the US constitution's limits ".. Note the words "without being" rather than "provided that".. I suppose we can expect such an enabling legislation to to be brought in in India.  And given the new laws which have come into force from today, the dark clouds abound! As it is, Olga Tellis has been diluted by work arounds by the administration, the police and the bulldozer backed up by hate propaganda.  

Homelessness is on the rise in the US, fuelled in part by chronic shortages of affordable housing. Around 653,000 people did not have homes in 2023, the largest number since tracking began in 2007, according to US government figures.
There were also an estimated 256,000 people living without shelter on a given night across the country last year, according to the Department of Housing and Urban Development.