A little more Goondagardi

The Longest Constitution with Priya Mirza

Land conflict is the most enduring form of conflict between the state and individuals. And it is here that the Goondas Act, in place in nine states, allows the state unquestionable and unaccountable power to squash dissent by detaining a person for up to a year. This episode of The Longest Constitution wraps up by looking at the Goondas Act, by discussing the increasing instances in which it is used. We also look at the famous Bank Nationalization case as well, which led to one of the sharpest confrontations between Parliament and the Supreme Court. Finally, we think about the legal tools available to those who feel ‘annoyed’ and ‘insulted’ on religious matters, and the illiberal consequences of Section 295A, IPC.

Further reading:

On the Goonda’s Act

1. Burman, Anirudh, 2016, ‘Movement and Residence’, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).

2. https://www.landconflictwatch.org/

On Property

1. https://www.thehindu.com/news/cities/chennai/235-accused-detained-under-goondas-act-in-chennai-so-far-this-year/article35910480.ece

2. https://articles.manupatra.com/article-details/Blasphemy-Law-in-India-An-Overview

3. https://article-14.com/post/how-dalit-farmer-shyamlal-became-a-goonda-for-seeking-land-rights

4. https://www.thehindu.com/news/national/tamil-nadu/landowners-along-corridor-may-get-maximum-of-9-cr/article24235712.ece

On Section 295A:

1. Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP).

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