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Madhavi Goradia Divan

Articles by Madhavi Goradia Divan

Looking back at the feminist fabric of India’s Constitution

The gendered assumption that ignores the contribution of women to the new charter constricts what it offers to people, particularly women

The presence of 15 founding mothers in the Constituent Assembly shaped a feminist vision, far ahead of its times (HT Archive)

India News

Updated on Nov 30, 2024 06:20 AM IST

ByMadhavi Goradia Divan

Alimony ruling ends disparity, not diversity

India’s diversity is a virtue to be preserved and celebrated. But the country would not be any less culturally diverse if the access to justice is secularised

Indian Muslim students wearing burqas leave Mahatma Gandhi Memorial college after they were denied entry into the campus in Udupi, Karnataka state, India, February. 24, 2022. (AP Photo/Aijaz Rahi)

Opinion

Published on Jul 22, 2024 12:16 AM IST

ByMadhavi Goradia Divan

Privacy law extends to smartphone data

Search and seizure of mobile phones by enforcement agencies is governed by procedure established under law

Are mobile (cell) phones entitled to a more elevated protection of privacy given their extraordinary status as reservoirs of private and personal information?

opinion

Published on Oct 26, 2023 10:29 PM IST

ByMadhavi Goradia Divan

On the correct age to marry, let women decide

The proposed amendment enables women to pursue an education, to earn a degree or a vocational skill before they are saddled with the responsibilities of marriage

Men must wait till 21 before they marry, but women may be married at 18, grounded in patriarchal notions that the man is the provider and, therefore, must be old enough to support a wife. (HT Photo)

opinion

Published on Feb 11, 2022 09:00 PM IST

ByMadhavi Goradia Divan

Safeguarding free speech from threats is important |Opinion

REASONABLE RESTRICTIONS: The enumeration of specific subjects in Article 19(2), on which the freedom of speech could be restricted, kept a check on excessive inroads into the right.

The Nation’s elected leaders at work on the constitution which free India should have been appearing in the picture are BR Ambedkar, Sarat Chandra Bose, Vallabhbhai Patel, BG Kher, Kanaiyalal Maneklal Munshi and Frank Anthony(HT Photo/ Archive)

india news

Updated on Nov 25, 2022 06:36 PM IST

ByMadhavi Goradia Divan

SC judgment on Delhi: Defer the grandstanding

There is some haze over what sort of matters warrant a reference to the President. It is only when the court gets down to the practical task of testing individual cases of ‘difference of opinion’ will we really know the lay of the land.

The Supreme Court concluded that the Lieutenant Governor (LG) is not a titular head, but rather, an ‘administrator’ as distinct from the Governor of a State. But in the hybrid constitutional scheme for the Government of National Capital Territory of Delhi, involving two executives, the Court held that the LG must act in accordance with the aid and advice of the Council of Ministers.(Sonu Mehta/HT PHOTO)

analysis

Updated on Jul 09, 2018 11:13 AM IST

ByMadhavi Goradia Divan

The death penalty is a quick fix unlikely to deter monsters in our society

Boys must be sensitised against sexism and taught to stand up against others who harm or harass women.

Students protest against the Kathua and Unnao rape cases in Delhi, April 16. We can take a few lessons from Kenya that has brought rapes down by teaching “positive masculinity” and self- defence in schools.(Sonu Mehta/Hindustan Times)

analysis

Updated on May 07, 2018 06:55 PM IST

ByMadhavi Goradia Divan

Privacy: Many-splendoured right which needs to be at forefront of civil liberties

The judgment in Puttaswamy takes privacy far beyond the confines of Article 21 and weaves it into other fundamental rights such as the freedom of conscience, the freedom of assembly and the freedom of occupation.

In the challenge to Aadhaar, the State strongly resisted reading into Article 21, the right to privacy -- the very right which ought to be at the forefront of all civil liberties.(AFP file)

analysis

Updated on Aug 26, 2017 04:20 PM IST

ByMadhavi Goradia Divan

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Madhavi Goradia Divan

The gendered assumption that ignores the contribution of women to the new charter constricts what it offers to people, particularly women

India’s diversity is a virtue to be preserved and celebrated. But the country would not be any less culturally diverse if the access to justice is secularised

Search and seizure of mobile phones by enforcement agencies is governed by procedure established under law

The proposed amendment enables women to pursue an education, to earn a degree or a vocational skill before they are saddled with the responsibilities of marriage

REASONABLE RESTRICTIONS: The enumeration of specific subjects in Article 19(2), on which the freedom of speech could be restricted, kept a check on excessive inroads into the right.

There is some haze over what sort of matters warrant a reference to the President. It is only when the court gets down to the practical task of testing individual cases of ‘difference of opinion’ will we really know the lay of the land.

Boys must be sensitised against sexism and taught to stand up against others who harm or harass women.

The judgment in Puttaswamy takes privacy far beyond the confines of Article 21 and weaves it into other fundamental rights such as the freedom of conscience, the freedom of assembly and the freedom of occupation.

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