Articles by Gautam Bhatia
How the Supreme Court let down poor workers during the pandemic, writes Gautam Bhatia
By effectively insulating employers from paying wages to workers, it has reinforced an unequal power dynamic
![Migrant workers leave for their home towns and villages due to coronavirus lockdown, March 27, 2020(Sonu Mehta / Hindustan Times) Migrant workers leave for their home towns and villages due to coronavirus lockdown, March 27, 2020(Sonu Mehta / Hindustan Times)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2020/08/17/Pictures/delhi-lockdown-covid-19-day-3_237c1a8e-e09a-11ea-8b6e-0e7400ed2071.jpg)
Updated on Aug 17, 2020 08:28 PM IST
Why the anti-defection law has failed to deliver
Its inbuilt loopholes, the partisan role of institutions, and the influence of money in politics have weakened the law
![The Tenth Schedule is no longer an effective check on defection(Praful Gangurde) The Tenth Schedule is no longer an effective check on defection(Praful Gangurde)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2020/07/30/Pictures/praful-gangurde_5bba1ac4-d1fc-11ea-9eb6-4e4101534b74.jpg)
Updated on Jul 30, 2020 06:04 AM IST
Supreme Court has not lived up to its own principles in Jammu and Kashmir, writes Gautam Bhatia
On the Internet’s centrality and State actions, the court’s vision is sound. But this did not get translated in its order
![As raised by several people elsewhere, the continued treatment of Kashmir as a “special case” where a lower threshold of rights is justified, undermines the constitutional vision of equal protection and equal treatment. It is now to be hoped that when MHA committee considers the issue, the principles laid out by SC in both its judgments will be taken seriously, and 4G Internet restored promptly.(Amal KS/HT PHOTO) As raised by several people elsewhere, the continued treatment of Kashmir as a “special case” where a lower threshold of rights is justified, undermines the constitutional vision of equal protection and equal treatment. It is now to be hoped that when MHA committee considers the issue, the principles laid out by SC in both its judgments will be taken seriously, and 4G Internet restored promptly.(Amal KS/HT PHOTO)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2020/06/08/Pictures/ayodhya-issue-sc_63cc0e12-a979-11ea-ae1e-6e34c87b3b2e.jpg)
Updated on Jun 08, 2020 10:24 PM IST
Needed: A law to protect domestic workers | Opinion
It is evident that there needs to be put into place a detailed legislative framework that ensures that domestic workers are treated with dignity and respect.
Updated on May 09, 2020 07:17 PM IST
The lockdown must not undermine citizen rights | Opinion
More measures are needed to mitigate its effect on the poor. The cure must not become worse than the disease
![Placing a disproportionate burden upon one set of people creates a constitutional problem that the State must address(Sunil Ghosh / Hindustan Times) Placing a disproportionate burden upon one set of people creates a constitutional problem that the State must address(Sunil Ghosh / Hindustan Times)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2020/04/10/Pictures/noida-lockdown-covid-19-day-12_800eeec8-7b20-11ea-9b78-2034b65fcb18.jpg)
Updated on Apr 10, 2020 06:48 PM IST
The Supreme Court’s jurisprudence on reservations has gaps | Opinion
If the constitutional right to equality is about substantive equality, target groups have a right to affirmative action.
![Reservations were a means to bring about genuine and true equality, and not a set of privileges or gifts.(HT) Reservations were a means to bring about genuine and true equality, and not a set of privileges or gifts.(HT)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2020/03/03/Pictures/_3c2ceb54-5d36-11ea-bcc0-e4d0c7a68e9a.jpg)
Updated on Mar 03, 2020 06:42 PM IST
Republic at 70: The importance of fundamental rights, writes Gautam Bhatia
India’s Constitution is, at the end of the day, a transformative Constitution: it transforms subjects to citizens, and brings ideas of freedom and equality into spaces they would otherwise never come.
![Students hold a national flag, claimed to be more than 1,000-feet long, during a rally ahead of Republic Day in Mumbai.(Photo: AP) Students hold a national flag, claimed to be more than 1,000-feet long, during a rally ahead of Republic Day in Mumbai.(Photo: AP)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2020/01/26/Pictures/india-republic-day_ea82361e-3fa4-11ea-ae56-f909945546d5.jpg)
Updated on Nov 25, 2022 04:22 PM IST
The value of the SC’s Kashmir order| Opinion
The judgment offers a constitutional framework to evaluate rampant Internet shutdowns
![If the government chooses to continue the shutdown, the matter will return to court. The SC can then apply its principles(AP) If the government chooses to continue the shutdown, the matter will return to court. The SC can then apply its principles(AP)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2020/01/12/Pictures/india-kashmir_559ac43a-3536-11ea-a5da-81b27965305c.jpg)
Published on Jan 12, 2020 07:36 PM IST
#MeToo cases require more sensitive approach
Two recent court orders reveal that the judicial process is too blunt an instrument to address the movement’s trigger
![Judges ought to exhibit a deeper understanding of power differences in the context of sexual harassment cases(Mohd Zakir/HT PHOTO) Judges ought to exhibit a deeper understanding of power differences in the context of sexual harassment cases(Mohd Zakir/HT PHOTO)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/12/29/Pictures/metoo-protests-parliament-street-new-delhi_694b22fc-2a3e-11ea-ad03-eca33bb5cdbf.jpg)
Published on Dec 29, 2019 07:57 PM IST
How Section 144 and Internet shutdowns shrink democratic rights | Opinion
The State’s increasing use of the two instruments undermines the Constitution. Review this usage
![Section 144 was meant to prevent localised threats. Its citywide and statewide applications are nothing more than a wholesale suspension of fundamental rights(AP) Section 144 was meant to prevent localised threats. Its citywide and statewide applications are nothing more than a wholesale suspension of fundamental rights(AP)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/12/20/Pictures/_995eea80-2324-11ea-95dc-bf2b3eebb1f0.jpg)
Updated on Dec 21, 2019 07:33 AM IST
How the Constitution was betrayed
In Maharashtra, there was a total breakdown of constitutional morality. All actors contributed to it
![If the breakdown of constitutional conventions continues, the situation will be beyond even the court’s power to remedy(Sonu Mehta/HT PHOTO) If the breakdown of constitutional conventions continues, the situation will be beyond even the court’s power to remedy(Sonu Mehta/HT PHOTO)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/11/26/Pictures/supreme-court_450fba16-1052-11ea-a64f-e20fcd3bbcc8.jpg)
Updated on Nov 26, 2019 08:48 PM IST
Decoding Ranjan Gogoi’s legacy
Gogoi’s term was marked by weak processes and inadequate reasoning. Justice suffered
![Former Chief Justice of India Ranjan Gogoi at the India International Centre, New Delhi, November 3, 2019(Sanjeev Verma/HT PHOTO) Former Chief Justice of India Ranjan Gogoi at the India International Centre, New Delhi, November 3, 2019(Sanjeev Verma/HT PHOTO)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/11/14/Pictures/ranjan-gogoi_1d894a7c-06aa-11ea-9cc4-4efb092b4b2b.jpg)
Updated on Nov 18, 2019 04:35 PM IST
India must now reform its surveillance law | HT Analysis
The WhatsApp-Pegasus controversy affords a golden opportunity to do just that
![Laws, the rule of law, and courts are not enough to protect and vindicate the right to privacy against State intrusion(AFP) Laws, the rule of law, and courts are not enough to protect and vindicate the right to privacy against State intrusion(AFP)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/11/05/Pictures/facebook-allowing-messaging-service-whatsapp-announces-cybersecurity_0f077552-ff96-11e9-8324-1e09595151a0.jpg)
Published on Nov 08, 2019 07:24 PM IST
Don’t link Aadhaar with social media accounts | Analysis
It will enable commercial surveillance, restrict free speech, curb privacy, and it defies the SC’s own orders
![Free speech sometimes requires anonymity on social media. Stop its abuse. But don’t curb it altogether(Getty Images) Free speech sometimes requires anonymity on social media. Stop its abuse. But don’t curb it altogether(Getty Images)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/10/25/Pictures/background-of-famous-social-media-icons_206bbf98-f720-11e9-a1e4-7f5be0e43c85.jpg)
Updated on Oct 25, 2019 09:45 PM IST
Why the Supreme Court must rethink capital punishment
It is the only form of punishment where human subjectivity and human error can never be atoned for
![One of the cardinal principles that has evolved over time is that the death penalty is to be awarded taking into account not only the nature of the crime, but also, the character of the convict(Sonu Mehta/HT PHOTO) One of the cardinal principles that has evolved over time is that the death penalty is to be awarded taking into account not only the nature of the crime, but also, the character of the convict(Sonu Mehta/HT PHOTO)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/10/18/Pictures/supreme-court_bb9d65a2-f1a3-11e9-be9e-d0f913dac911.jpg)
Updated on Oct 18, 2019 07:34 PM IST
On Gandhi’s 150th, it’s time to review the sedition law | Analysis
The colonial law meant to suppress dissent persists. Used as a political tool, it has deprived people of liberty. Scrap it
![Famous figures of the freedom struggle — including Mahatma Gandhi — were sent to jail on charges of sedition. Even today, the real bite of the law is in its broad wording(Alamy Stock Photo) Famous figures of the freedom struggle — including Mahatma Gandhi — were sent to jail on charges of sedition. Even today, the real bite of the law is in its broad wording(Alamy Stock Photo)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/09/30/Pictures/1922-great-trial-march-mahatma-gandhi-india_ed1b21ae-e371-11e9-a8aa-54897fdfe8ad.jpg)
Updated on Oct 01, 2019 09:52 PM IST
Kerala HC verdict: A victory for individual freedom
Restricting Internet access deprives people of their right to life, liberty, freedom of expression, and privacy
![An instrument, essential to fulfilling rights, may be used negatively. But this cannot justify prohibiting its use(KERALA HIGH COURT) An instrument, essential to fulfilling rights, may be used negatively. But this cannot justify prohibiting its use(KERALA HIGH COURT)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/09/20/Pictures/_20dfd814-dbb0-11e9-b2f8-83b44344bbe7.jpg)
Updated on Sep 20, 2019 08:23 PM IST
The Supreme Court does not need more judges
Limit the court’s exploding jurisdiction, and ensure clarity and consistency in its judgments
![Increasing the number of judges at the SC, therefore, is a knee-jerk response that will not solve the problem of pendency but – at the same time – aggravate other, existing problems that do need solution(Biplov Bhuyan/HT PHOTO) Increasing the number of judges at the SC, therefore, is a knee-jerk response that will not solve the problem of pendency but – at the same time – aggravate other, existing problems that do need solution(Biplov Bhuyan/HT PHOTO)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/08/26/Pictures/court_566f3820-c801-11e9-80e5-a7e5951f3eba.jpg)
Published on Aug 28, 2019 06:31 PM IST
Facial surveillance is a threat to privacy
The technology, which the NCRB is keen to use, is ineffective and discriminatory. Reconsider it
![Visitors check their phones behind the screen advertising facial recognition software during Global Mobile Internet Conference (at the National Convention, Beijing, China, 2018(REUTERS) Visitors check their phones behind the screen advertising facial recognition software during Global Mobile Internet Conference (at the National Convention, Beijing, China, 2018(REUTERS)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/07/17/Pictures/convention-software-recognition-internet-conference-advertising-national_f30d13ba-a857-11e9-a5e4-792fe397282f.jpg)
Published on Jul 17, 2019 06:11 PM IST
Why Bombay High Court order on death penalty for repeat rape offenders is unsatisfactory
The death penalty presents a unique kind of threat to individual rights – and for this reason, the court should have engaged in stricter scrutiny than it did
![The Bombay High Court on June 3 handed down a judgment upholding the constitutional validity of Section 376E of the Indian Penal Code, which allows for courts to impose the death penalty upon repeat offenders in cases of rape.(HT PHOTO) The Bombay High Court on June 3 handed down a judgment upholding the constitutional validity of Section 376E of the Indian Penal Code, which allows for courts to impose the death penalty upon repeat offenders in cases of rape.(HT PHOTO)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/06/27/Pictures/mumbai-india-photo-court-bhushan-bombay-koyande_eac8328c-98c3-11e9-823a-db6d52757f3f.jpg)
Published on Jul 03, 2019 07:52 PM IST
Don’t dilute the RTI and the forest rights Acts
It is also important to remember that both these laws were the product of sustained, grassroots-level social movements. Consequently, perhaps the surest remedy against possible future dilution may lie not in judicial challenges (although that remains important), but in popular mobilisation.
![Based upon the principle that ecological conservation is best achieved in cooperation with indigenous forest dwellers – and by recognising them as rights-bearers, the FRA takes away power from forest bureaucracy, and vests it in some of the most vulnerable and marginalised citizens of our polity(AP) Based upon the principle that ecological conservation is best achieved in cooperation with indigenous forest dwellers – and by recognising them as rights-bearers, the FRA takes away power from forest bureaucracy, and vests it in some of the most vulnerable and marginalised citizens of our polity(AP)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/05/27/Pictures/india-tribal-women-vote-photo-gallery_91f3b0f8-8051-11e9-9ece-2ab1fd7d8c60.jpg)
Published on May 28, 2019 07:41 PM IST
Power imbalances and due processes don’t matter
The Supreme Court was called upon to do justice in a case involving claims of sexual harassment. And it has failed, in every possible way, to do that
![What are we to do when the highest guardian of the law acts as if it is above the law?(PTI) What are we to do when the highest guardian of the law acts as if it is above the law?(PTI)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/05/06/Pictures/president-kovind-and-cji-gogoi-event-publication_ae28c2b2-700d-11e9-9308-6ffbdc5c45a7.jpg)
Updated on May 07, 2019 10:59 AM IST
Gag orders on the media have to go
It’s not only draconian, but also goes against the principles of the defamation law and free speech
![According to the civil law of defamation, a statement is “defamatory” if it lowers the reputation of the plaintiff.(Getty Images/iStockphoto) According to the civil law of defamation, a statement is “defamatory” if it lowers the reputation of the plaintiff.(Getty Images/iStockphoto)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/04/23/Pictures/462445113_15923eb4-65e7-11e9-b8c7-d9ea8f4e8ad0.jpg)
Updated on May 01, 2019 08:40 AM IST
Opinion | Supreme Court’s interim order on electoral bonds is disappointing
It is regrettably ironic that in a petition founded on the public’s right to know who funds political parties, the court has ordered that information be provided in a “sealed cover”, safe and secure from the voting public.
![In a democratic system that does not have publicly funded elections (such as ours), it therefore becomes crucially important for the public to know who funds political parties, in order to critically evaluate whether that party’s policies are designed to actually serve the public good, or whether they are written to benefit its funders.(Amal KS/HT PHOTO) In a democratic system that does not have publicly funded elections (such as ours), it therefore becomes crucially important for the public to know who funds political parties, in order to critically evaluate whether that party’s policies are designed to actually serve the public good, or whether they are written to benefit its funders.(Amal KS/HT PHOTO)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/04/08/Pictures/sc_2aafac20-59d3-11e9-9271-e1682891bd25.jpg)
Updated on Apr 13, 2019 07:25 AM IST
Opinion | The Election Commission must come clean on the deletion of voters
The case – Srinivas Kodali vs Election Commission of India – is important because it does not simply call for remedying the deletion of voters from the rolls, but raises a far deeper issue pertaining to accountability in the electoral process: that of “algorithmic transparency”.
![With the 2019 general elections looming, the issue of voter deletions must be addressed urgently, in order to preserve the sanctity of the democratic process(AP) With the 2019 general elections looming, the issue of voter deletions must be addressed urgently, in order to preserve the sanctity of the democratic process(AP)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/03/26/Pictures/lok-sabha-elections_66826e4e-4fa2-11e9-a055-00cb9fa64b8f.jpg)
Updated on Apr 02, 2019 07:42 AM IST
The electoral bonds scheme is a threat to democracy
From a constitutional point of view, the scheme fails the tests of rationality and non-arbitrariness
![The stated justification of the electoral bond scheme is the removal of black money from elections, especially in the form of under-the-table cash payments(REUTERS) The stated justification of the electoral bond scheme is the removal of black money from elections, especially in the form of under-the-table cash payments(REUTERS)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/03/18/Pictures/illustration-photo-of-an-india-rupee-note_c6d3f7ba-497e-11e9-aca9-eac9e517f545.jpg)
Updated on Mar 18, 2019 11:55 PM IST
The Aadhaar ordinance raises serious constitutional concerns
The Aadhaar amendments are also worrying because they attempt to directly overturn the Supreme Court’s September 2018 judgment on the constitutional validity of Aadhaar
![The Union Cabinet on February 28, 2019, gave its approval for promulgation of an ordinance that would allow voluntary use of Aadhaar as identity proof for opening new bank accounts and procuring mobile phone connection, and also clarified that anyone not offering it cannot be denied any service.(AFP) The Union Cabinet on February 28, 2019, gave its approval for promulgation of an ordinance that would allow voluntary use of Aadhaar as identity proof for opening new bank accounts and procuring mobile phone connection, and also clarified that anyone not offering it cannot be denied any service.(AFP)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/03/01/Pictures/files-india-court-rights-biometrics_50298ef2-3bf7-11e9-9798-f85edb62de22.jpg)
Updated on Mar 01, 2019 08:18 PM IST
The Supreme Court must avoid turning into the executive
When the body charged by the Constitution to protect our rights begins to act like the government that it is meant to protect us from, we should all start to worry.
![Reports indicate that more than(Vipin Kumar / HT Photo) Reports indicate that more than(Vipin Kumar / HT Photo)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/02/25/Pictures/tribal-protested_084d19ba-38cc-11e9-bdc1-734f7b7cfb0c.jpg)
Updated on Feb 26, 2019 07:39 AM IST
SC must not stifle commentary on sub-judice cases
The Indian Constitution does not authorise the judiciary to directly censor speech. Article 19(2) of the Constitution only allows for speech to be restricted through a “law” made by the “State
![The framers of the Constitution wanted a double layer of safeguards when it came to free speech — parliamentary scrutiny (first) and judicial review (second). They did not see fit to vest direct censorial powers in the hands of judges.(Biplov Bhuyan/HT PHOTO) The framers of the Constitution wanted a double layer of safeguards when it came to free speech — parliamentary scrutiny (first) and judicial review (second). They did not see fit to vest direct censorial powers in the hands of judges.(Biplov Bhuyan/HT PHOTO)](https://images.hindustantimes.com/rf/image_size_300x169/HT/p2/2019/01/23/Pictures/court_28acd1b8-1f3c-11e9-be8f-c8bc14360ea9.jpg)
Updated on Feb 11, 2019 07:25 PM IST
Why the Supreme Court ruling on bar dancers is unsatisfactory
It lifted some of the most draconian restrictions on the basis that constitutional rights were being violated, but failed to take its own constitutional reasoning to its logical conclusion.
Updated on Feb 03, 2019 05:30 PM IST