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India court restores life prison sentences for 11 Hindu men
Court Issues | 2024/01/08 23:09
India’s top court on Monday restored life prison sentences for 11 Hindu men who raped a Muslim woman during deadly religious rioting two decades ago and asked the convicts to surrender to the authorities within two weeks.

The Hindu men were convicted in 2008 of rape and murder. They were released in 2022 after serving 14 years in prison.

The victim, who is now in her 40s, was pregnant when she was brutally gang-raped in 2002 in western Gujarat state during communal rioting that was some of India’s worst religious violence with over 1,000 people, mostly Muslims, killed.

Seven members of the woman’s family, including her 3-year-old daughter, were killed during the riots. The Associated Press generally doesn’t identify victims of sexual assault.

The men were eligible for remission of their sentence under a policy that was in place at the time of their convictions. At the time of their release, officials in Gujarat, where Prime Minister Narendra Modi’s Bharatiya Janata Party holds power, had said the convicts were granted remission because they had completed over 14 years in jail.

A revised policy adopted in 2014 by the federal government prohibits remission release for those convicted of certain crimes, including rape and murder.

Following the release of the convicts, the victim had filed a petition with the Supreme Court, saying “the en masse premature release of the convicts… has shaken the conscience of the society.”

The 2002 riots have long hounded Modi, who was Gujarat’s top elected official at the time, amid allegations that authorities allowed and even encouraged the bloodshed. Modi has repeatedly denied having any role and the Supreme Court has said it found no evidence to prosecute him.


Mexico’s Supreme Court lifts 2022 ban on bullfighting
Court Issues | 2023/12/07 18:37
Mexico’s Supreme Court on Wednesday overturned a 2022 ban on bullfighting in Mexico City, opening the way for events to resume.

A panel of five justices voted to overturn a May 2022 injunction that said bullfights violated city resident’s rights to a healthy environment free from violence.

The justices did not explain their arguments for overturning the ban, but bullfight organizers claimed it violated their right to continue the tradition. The capital had a history of almost 500 years of bullfighting, but there had been no fights since the 2022 injunction.

A crowd of people gathered outside the Supreme Court building Wednesday, holding up signs reading “Bulls Yes, Bullfighters No!” and “Mexico says no to bullfights.”

Critics say the fights inherently represent cruelty to animals.

“Animals are not things, they are living beings with feelings, and these living, feeling beings deserve protection under the constitution of Mexico City,” said city councilman Jorge Gaviño, who has tried three times to pass legislation for a permanent ban. None has passed.

Bullfight organizers say it is a question of rights.

“This is not an animal welfare issue. This is an issue of freedoms, and how justice is applied to the rest of the public,” said José Saborit, the director of the Mexican Association of Bullfighting. “A small sector of the population wants to impose its moral outlook, and I think there is room for all of us in this world, in a regulated way.”

Since 2013, several of Mexico’s 32 states have banned bullfights. Brazil, Argentina, Chile and Uruguay have banned bullfighting.

According to historians, Spanish conqueror Hernán Cortés watched some of the first bullfights in the city in the 1520s, soon after his 1521 Conquest of the Aztec capital.


Equal rights for same-sex couples approved by Thailand's Cabinet
Court Issues | 2023/11/22 17:38
Thailand’s Cabinet on Tuesday approved an amendment to its civil code to allow same-sex marriage, with an expectation for the draft to be submitted to Parliament next month.

Karom Polpornklang, a deputy government spokesperson, said the amendment to the Civil and Commercial Code will change the words “men and women” and “husband and wife” to “individuals” and “marriage partners” for same-sex couples to be able to receive the same rights that heterosexual couples receive.

He said the law would guarantee the right to form a family in a relationship between same-sex couples, adding that the next step will be an amendment to the pension fund law to recognize same-sex couples as well.

Prime Minister Srettha Thavisin told reporters that the draft law is expected to be proposed to Parliament on Dec. 12. If it becomes law after Parliament’s approval and King Maha Vajiralongkorn’s endorsement, Thailand will be the third place in Asia, after Taiwan and Nepal, to allow same-sex marriage.

While famous for being an LGBTQ+ friendly country, Thailand has struggled to pass a marriage equality law. Parliament last year debated several legal amendments to allow either marriage equality or civil unions, which do not grant same-sex couples all the same rights as heterosexual couples. All of the bills failed to be passed before the parliamentary session of the previous government ended.

The new government led by the Pheu Thai party, which took office in August, revived the attempt to pass a marriage equality bill, which it had promised during its election campaign.


Federal Judge rules California assault weapons ban unconstitutional
Court Issues | 2023/10/21 00:46
A federal judge who previously overturned California’s three-decade-old ban on assault weapons did it again on Thursday, ruling that the state’s attempts to prohibit sales of semiautomatic guns violates the constitutional right to bear arms.

U.S. District Judge Roger Benitez of San Diego conceded that powerful weapons like AR-15 rifles are commonly used by criminals, but said the guns are importantly also owned by people who obey the law and feel they need firearms to protect themselves.

“The State of California posits that its ‘assault weapon’ ban, the law challenged here, promotes an important public interest of disarming some mass shooters even though it makes criminals of law-abiding residents who insist on acquiring these firearms for self-defense,” Benitez wrote. “Nevertheless, more than that is required to uphold a ban.”

The judge’s ruling is nearly identical to a 2021 decision in which he called California’s ban on assault weapons a “failed experiment.” Benitez has has repeatedly struck down multiple California firearms laws. Just last month, he ruled the state cannot ban gun owners from having detachable magazines that hold more than 10 rounds.

Benitez’s latest decision would overturn multiple state statutes related to assault weapons. The judge gave the state 10 days to seek a stay on the ruling as part of an appeal to the U.S. 9th Circuit Court of Appeals.

California Attorney General Rob Bonta said his office had already filed a notice of appeal.

“Weapons of war have no place on California’s streets,” Bonta said in a statement Thursday. “This has been state law in California for decades, and we will continue to fight for our authority to keep our citizens safe from firearms that cause mass casualties. In the meantime, assault weapons remain unlawful for purchase, transfer, or possession in California.”

John Dillon, an attorney for the plaintiffs who sued to overturn the law, cheered the judge’s ruling.


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