By Isha Choudhary  The Supreme Court of India, in its decision in Kandaswamy Ramaraj v. The State by Inspector of Police, CBID seems to have digressed from the law set by the precedents and has thereby, considered short-temperedness of a person as a decisive factor while ascertaining whether that person is entitled to the benefit … Continue reading SC Gives Partial Relief to the Accused Charged for the Offence of Murder Considering his Temperament to be a Decisive Factor

By Isha Choudhary  With the Commercial Surrogacy (Regulation) Bill 2019 (hereinafter referred to as ‘the bill’) being sent to the Rajya Sabha Review Committee, it becomes pertinent to shed light upon the forthcoming aftermath, if the bill is assented to by the Rajya Sabha and subsequently secures the Presidential assent. The legislative history of attempts … Continue reading “Need of The Hour” is Not the Bill but Robust Laws: Regulating Commercial Surrogacy in India.

By Akash Anurag and Navya Bhandari Sexual offences against women have often been termed as a "silent epidemic"[1] mainly due to the propensity of such cases going unreported. It is only in the recent years that women globally have broken the long imposed societal omerta of keeping quiet over the sexual offences committed against them … Continue reading Not a Yes, Means a No: Spanish Laws Roar for Change

By Abhinav Sekhri and Mansi Binjrajka Chief Justice of India, Hon’ble Mr. Justice Sharad Aravind Bobde, just yesterday, took suo moto cognizance of the working of the criminal justice system in relation to sexual offences. Highlighting how the amendments brought to criminal law after the Nirbhaya incident have not achieved the objective of speedy investigation … Continue reading Supreme Court’s Fact-Finding Priorities

By Amlan Mishra [This article risks engaging with preventive measures under CrPC and their constitutionality from the prism of lived experiences in protests against CAA] The recent protests over the Citizenship Amendment Act, 2019 have raised pressing questions about the right to protest and the proportionality of police action. This post uses lived experiences of … Continue reading Preventive Measures under CrPC: A Tool to Stifle Peaceful Protests?

By Abhinav Sekhri India's constitutional courts have won deserving acclaim for intervening to save forests, put curbs on pollution, fearlessly address corruption in government, usher in prison reforms, drive governments to pass anti-lynching laws, and strike down patently unconstitutional laws and practices to enable the expression of individual freedom. So to read a news article … Continue reading Can Constitutional Courts Really Not Do Much About Police Brutality?

[Radhika Malpani is a fourth year law student at National Law University, Jodhpur. It was first published on the blog on Dec. 11, 2018] Introduction With the increase in the reliance on internet for every single detail, its significance in today’s world is not less than a necessity. It helps in imparting information and knowledge … Continue reading A Repost: On the legality of Internet Shutdowns

By Abhinav Sekhri Below are some random quotes that I've extracted from news reports in the aftermath of the horrible incident of alleged rape in Telangana: Andhra Pradesh Chief Minister YS Jagan Mohan Reddy has promised to bring in a law to punish rapists within 21 days of a crime. [Article dated 09.12.2019 from News Minute]; Thank … Continue reading No Censure and Total Sanction: A Recipe for Disaster

By Anthony Schembri Manuel Valle was born in Florida. I was born in Brooklyn. On Sept. 28, 2011, we would meet for the first time at Florida State Prison in Starke. Our roles were different. He had to die. I had to watch. On April 2, 1978, Manuel Valle killed a Coral Gables police officer … Continue reading The Death Penalty Debate: Witness to an Execution in 2011

By Shivaang Maheshwari On the morning of 6th December 2019, four rape accused in the Hyderabad rape-murder case were killed in a police encounter when they allegedly attacked the police and tried to flee. This has led to a dividing public opinion between the ones who hail the killings as ‘divine justice’ and those questioning … Continue reading Undermining the ‘Rule of Law’: Can the ‘Extra-judicial’ Killings be Justified [Caution: Graphic Content!]

By Women in Criminal Law Association "We emphatically condemn the custodial murder of the four persons suspected of raping and murdering a 26-year-old veterinarian in Hyderabad and unequivocally disown the use of violence in the name of women’s rights and women’s safety. The murder of people in so-called “encounters” by the police and security forces … Continue reading Statement Condemning the Hyderabad Police Encounter.