ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by Colin GonsalvesSubscribe to Colin Gonsalves

Litigating against Corporations for Human Rights

The changing approach of the Indian judiciary to litigation involving corporate interests vis-à-vis environment and human rights was sharply criticised in a recent workshop.

Judicial Failure on Land Acquisition for Corporations

Despite the 1984 amendment of the Land Acquisition Act, 1894, the judiciary has continued to allow farmland to be acquired freely, with "public purpose" being given the widest possible scope. In the period of globalisation such acquisition has promoted private corporate interests, the state, in turn, becoming an estate agent of the companies. The article focuses on land acquisition under Part II for the state and its instrumentalities and agencies and compares this with Part VII of the Act, which relates to acquisition for a company. The way forward is for the judiciary to compel all acquisitions for companies to follow the Part VII route.

The Bhopal Catastrophe: Politics, Conspiracy and Betrayal

Despite the Union Carbide Corporation being criminally liable for the Bhopal catastrophe, the government, though being the sole representative of the victims, colluded with the UCC and compromised the interests of the affected people. The UCC and its Indian subsidiary, the Union of India and the state of Madhya Pradesh made sure that the victims would not obtain compensation comparable to the damages awarded in similar mass tort actions in the United States. Moreover, even with the re-institution of criminal liability, the UCC accused have been allowed to evade prosecution. The trial court in Bhopal had no option but to hand down a sentence, equivalent to what is given for causing death by negligence in a traffic accident! Bhopal has hastened the decline in the standards of judicial decisions on the environment more than any other case.

Planned Military Offensive

We are deeply concerned by the Indian government’s plans for launching an unprecedented military offensive by army and paramilitary forces in the adivasi (indigenous people)-populated regions of the states of Andhra Pradesh, Chhattisgarh, Jharkhand, Maharashtra, Orissa and West Bengal.

Fact-Finding on Lalgarh

An all-India fact-finding mission consisting of 10 members, including a former ambassador, a Supreme Court lawyer, human rights activists, economists, journalists, and writers, visited Binpur 1 (Lalgarh), and Binpur 2 (Belpahari) on 10 and 11 April 2009.

Tragedy of Contract Workers

Tragedy of Contract Workers Nearly two decades after the Contract Labour Act came into force, the authorities have nothing to show in terms of amelioration in the conditions of contract labour. Those who pretended to be champions of their cause

Abridging Fundamental Liberties-Compulsory Disclosure of Sources A Boundless Danger

through substituting labour by machinery will gain ground, while many units will just go out of existence The 1965-66 famines effectively put an end to the 'planned

Back to Top