By Raj Krishna and Alivya Sahay INTRODUCTION AND BACKGROUND "Human dignity is harmed when minority groups are marginalized." - Judge Michael Leburu On 11th June, Botswana’s High Court in the case of Letsweletse Motshidiemang v Attorney General struck down the colonial law which criminalized homosexual acts between two consenting adults with up to seven years … Continue reading Letsweletse Motshidiemang v Attorney General: Botswana High Court Decriminalizes Homosexuality
Month: September 2019
What the Protests over the Motor Vehicles Act Amendments tell us about Criminal Law
By Abhinav Sekhri On 19 September, 2019, there was a big strike organised by public transport workers across Delhi and other parts of India, to protest against the amendments recently made to India's Motor Vehicles Act [MV Act]. The main cause for the protests, I am led to understand after speaking to several cab and auto drivers … Continue reading What the Protests over the Motor Vehicles Act Amendments tell us about Criminal Law
Law of Sedition and the Kedarnath Singh Test: A Confusing Paradox
By Ritwik Sharma On 19th September 2019, the Supreme Court issued a notice in the backdrop of the Jharkhand High Court’s refusal to quash the FIR registered under the sedition law against four Adivasi activists for allegedly inciting violence through Facebook by supporting the ‘Pathalgadi’ movement of the Munda tribal community. In August 2019, an … Continue reading Law of Sedition and the Kedarnath Singh Test: A Confusing Paradox
US Supreme Court Denies Right to Painless Death: A Critical Analysis of Bucklew v Precythe Judgment
By Teresa Dhar and Raj Krishna Introduction On April 1, 2019, in a significant decision, the United States Supreme Court by a majority of 5-4 reiterated the fact that the Eighth amendment of the US Constitution prohibits cruel and unusual punishment altogether, but it did not guarantee any right to painless death. In this case … Continue reading US Supreme Court Denies Right to Painless Death: A Critical Analysis of Bucklew v Precythe Judgment
The Conundrum of Certification of the Electronic Evidence
By Ayush Mishra Introduction The Supreme Court recently referred the question of ‘requirement of certificate under §65B(4) of the Indian Evidence Act,1872 being mandatory for production of electronic evidence’ to a larger bench.[1] The issue at hand is that the Supreme Court in Shafhi Mohammad vs. State of Himachal Pradesh (2018), held that the “requirement of … Continue reading The Conundrum of Certification of the Electronic Evidence
Science in Policing: The New Old Thing
By Abhinav Sekhri Recently, the Home Minister made an interesting public speech where he reportedly lamented the poor conviction rates. An official report of his comments also notes that the Minister suggested that wholesale changes to the Indian Penal Code of 1860, and Criminal Procedure Code of 1973 were on the cards to help make things better on the conviction … Continue reading Science in Policing: The New Old Thing
The Supreme Court Order in P. Chidambaram v. ED: Some Thoughts.
By Abhinav Sekhri A Two Justices' Bench of the Supreme Court has decided the appeal filed by P. Chidambaram against an order of the Delhi High Court dismissing his plea for Anticipatory Bail in an ongoing investigation being conducted into what is being labelled as the "INX Media Scam" [Crl. Appeal 1340 of 2019, decided … Continue reading The Supreme Court Order in P. Chidambaram v. ED: Some Thoughts.
The Karnataka High Court’s Decision in the D.K. Shivakumar Case: Facets of PMLA Clarified.
By Sameer Sharma Introduction Amidst recent developments in the INX Media case involving former Union Finance Minister Mr. P. Chidambaram relating to allegations of money-laundering, a new legal and political storm seems to have broken out with a politician from the South in the fray. Congress bigwig and their go-to troubleshooter in Karnataka, Mr. D.K. … Continue reading The Karnataka High Court’s Decision in the D.K. Shivakumar Case: Facets of PMLA Clarified.
The Delhi High Court Order in P. Chidambaram v. ED: Three Thoughts
By Mr. Abhinav Sekhri This week saw the arrest of a former Union Minister, P. Chidambaram, in connection with allegations of corruption and money laundering in what has popularly been called the "INX Media" case. In this post, I'm not interested in the arrest itself — the pageantry of which has already attracted much discussion … Continue reading The Delhi High Court Order in P. Chidambaram v. ED: Three Thoughts
The Question of Justice: Fair Trial, Approver Witnesses and Accused’s Rights
By Bhaskar Kumar and Prannv Dhawan The legal and political commentariat has been buzzing with the controversy over the reasons and methods regarding the arrest of former Finance Minister, Mr. P. Chidambaram. While many have been critical of the unusual haste in the arrest of Mr. Chidambaram, several analysts have suspected that this could … Continue reading The Question of Justice: Fair Trial, Approver Witnesses and Accused’s Rights










