Last week, the Supreme Court recalled its judgement of August 23, 2022, wherein it had struck down certain provisions of the Benami Transactions (Prohibition) Amendment Act of 2016. Through the 2016 Act, the government had amended the original legislation, the Prohibition of Benami Property Transactions Act, 1988.The 2016 law had expanded the original law from nine sections to 72 sections. In 2016, a three-judge Bench led by Chief Justice N.V. Ramana had declared as unconstitutional Sections 3 (2) and 5 of the 2016 Act.Section 3(2) mandates three years of imprisonment for those who had entered into benami transactions between September 5, 1988, and October 25, 2016—that is, a person could be jailed for a benami transaction done 28 years before the Section even came into existence.The other provision that was struck down, Section 5, states that “any property, which is subject matter of benami transaction, shall be liable to be confiscated by the Central Government.”What was the Supreme Court’s reasoning in its 2022 judgement when it struck down these provisions? What is the rationale for the Review Bench to recall the earlier order and refer the case for fresh adjudication? What is at stake for the general public in this case?Guest: Amit Pai, Advocate on Record at the Supreme Court of India.Host: G. Sampath, Social Affairs Editor, The Hindu.Edited by Sharmada Venkatasubramanian.

Last week, G.N. Saibaba, a former professor at Delhi University, died, after being released from jail in March this year after spending 10 years incarcerated. He was jailed on terror charges – but was eventually found innocent by the Bombay High Court. The Court while acquitting him had criticised both the investigation and the trial court’s decision in finding him guilty. Despite being 90% disabled and on a wheelchair due to polio, Prof Saibaba, as per his own account was constantly denied access to medical care while in jail, denied medical bail during the pandemic and denied emergency bail during the death of his mother.His case highlights once again, the problematic issue of bail in our criminal judicial system. Who has access to bail? How is bail given and can bail conditions be met by those seeking it? Does our bail system privilege the wealthy and leave out the vast majority of others? Is not being able to access or not being granted bail behind the problem of the huge number of undertrials in Indian jails and the overcrowding of the system?Guest: Medha Deo, Programme Director, Fair Trial Programme of Project 39A from National Law University, DelhiHost: Zubeda HamidEdited by Jude Francis Weston

A. Soundararajan, honorary president of the newly formed Samsung India Workers Union and head of Tamil Nadu's CITU, shares crucial insights into the recent 38-day workers' strike at Samsung's Chennai factory. He discusses the pressing demands for better working conditions, overtime pay, and recognition of the workers' union. Soundararajan highlights the long-standing dissatisfaction among employees and the resistance faced from management regarding unionization. He also sheds light on the challenges of securing union recognition amid government and police opposition.

The Union government recently introduced a Bill in the Lok Sabha to amend the 1995 Waqf Act. The provisions of the 1995 law govern the administration of waqfs—properties endowed for charitable or religious purpose under Islamic law. But opposition parties have accused the government of trying to undermine the religious rights of Muslims through this amendment, which is titled, ‘Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2024.The government, on its part, has claimed that this legislation is aimed at enhancing “the efficiency of the administration and management of the waqf properties.”But following a public outcry, the draft Bill has been referred to a Joint Parliamentary Committee (JPC) for closer scrutiny. When the JPC sought written suggestions from the public, it received a staggering 1.2 crore suggestions. Earlier this week, when the JPC gathered for a meeting, the Opposition members of the Committee walked out, alleging that the panel was not functioning as per the rules and regulations.What exactly does the proposed Bill seek to do? What are the objections to it? Did the government involve Muslim stakeholders before or while coming up with the draft Bill? And what’s the way forward?Guest: Fuzail Ahmad Ayyubi, advocate-on-record with the Supreme Court of India.Host: G. Sampath, Social Affairs Editor, The Hindu.Edited by Sharmada Venkatasubramanian.

The INDIA bloc comprising the National Conference (NC), the Congress and the Communist Party of India (Marxist (CPM) has secured a clear majority in the Jammu and Kashmir assembly elections. While the NC prevailed in 42 seats and the Congress won six, the BJP dominated the Jammu region, winning 29 seats in the 90-member assembly. So, what do these results mean for Jammu and Kashmir going forward? How did the delimitation affect the results? Where does the result leave the Peoples Democratic Party (PDP), whose seat share has seen a major drop?  Guest: Peerzada Ashiq, The Hindu’s Srinagar correspondentHost: G. Sampath, Social Affairs Editor, The HinduEdited by Jude Francis Weston

All the exit polls had favoured a Congress victory in the Haryana assembly elections. But defying these predictions, the BJP has secured a clear mandate, winning 48 seats in the 90-member assembly.  How did the BJP manage to beat a strong anti-incumbency factor, not to mention issued such as the farmers’ protests, and the Brij Bhushan sexual harassment issue? What went wrong for the Congress? And what was the nature of the social coalition that carried the day?  Guest: Rahul Verma, political analyst and fellow at the Centre for Policy Research (CPR), New Delhi. Host: G. Sampath, Social Affairs Editor, The Hindu.Edited by Jude Francis WestonListen to more In Focus podcasts:

On October 3, we saw that the government of India announced classical language status to four languages and Marathi was one of them. We have been hearing how there have been joyous and applauding reactions coming in from Maharashtra but there have been certain debates as well on whether Marathi should be given classical language status or not. How was the journey, and how did this whole process begin? What were the various landmark steps that were taken?

Dr. Gufran Beig, a prominent air quality expert and Chair Professor at NIAS, discusses the alarming state of Delhi's winter air pollution. He reveals how climate change and phenomena like La Niña worsen smog conditions. The conversation highlights the flaws in current government strategies like the Graded Response Action Plan and stresses the need for innovative, comprehensive solutions. With methane and black carbon playing critical roles, Beig calls for a shift in focus towards long-term emission strategies to safeguard Delhi's air quality and public health.

The Union Health Ministry issued a set of draft guidelines on a subject that has mostly remained somewhat taboo in India: passive euthanasia. The guidelines have stated that doctors should take considered decisions on the withdrawal of life support in terminally ill patients, or consider not giving life support measures in such patients – under certain conditions.This is not the first time passive euthanasia has come up in recent times – despite India not having any formal legislation around it, the Supreme Court allowed for it in a decision in 2018, stating that people had a right to die with dignity. The Court also allowed for citizens to make living wills or advanced medical directives.So what is passive euthanasia? Following the Supreme Court decision have living wills been made and are these being implemented in hospitals? What is the role of palliative medicine in end of life care and support? How can doctors and families ensure patients have compassionate and dignified deaths?Guest: Dr M R Rajagopal, chairman Emeritus of Pallium India and Adjunct Professor of Global Oncology, Queen's University, CanadaHost: Zubeda HamidEdited by Jude Francis Weston

In this riveting discussion, Iftikhar Gilani, a seasoned journalist with extensive reporting experience from South Asia and the Middle East, analyzes the fallout from the assassination of Hezbollah leader Hassan Nasrallah. The conversation dives into Hezbollah's ability to endure this significant loss, the potential for a land invasion by Israel, and how U.S. troop movements could impact the region. Gilani further explores Israel's military strategies in Lebanon and Gaza, highlighting the intricate web of geopolitical tensions at play.