-By Tania Gupta Over time, our supposedly egalitarian society has nourished misogynist attitudes and beliefs and pushed ideologies that glorify the speaker as a maverick but inflict hatred on women for being as unfortunate as they are, to be women in men’s world. The laws that govern Indian women are dictated by social perceptions formed … Continue reading Misogyny In India: A Virulent Form Of Hate Speech
-By Nirvani Bhawsar and Karshin Malik Recently, Rehana Fathima who is a women's-rights activist from Kerala was booked under Section 13, 14 and 15 of The Protection of Children from Sexual Offences Act, 2012 (POCSO), Section 67B (d) of the Information Technology Act, 2000 (I.T.Act) and Section 75 of The Juvenile Justice (Care And Protection … Continue reading Locating Female Nudity in the Socio-Legal
By- Aditya Kumar Singh The Indian Evidence Act, 1872 has a strict distinction between fact and evidence, and for any document, electronic record, or oral testimony to become evidence and be considered during the final adjudication, it has to first satisfy three pre-conditions in evidence law, which can be formulated and structured as three doors … Continue reading Sting Operations In India: Reliably Admissible?
By Divyanshu Gupta Introduction In a recent report prepared by Adrian Zenz titled ‘The CCP’s Campaign to Suppress Uyghur Birthrates in Xinjiang’, it has come to light that China is forcing Uyghur women, a Muslim ethnic minority population in Xinjiang, to be sterilized and take birth control measures to curb its population. Adrian Zenz is … Continue reading China forces birth control on Uyghur Community: violation of International Law Principles
By Sangita Sharma & Sayan Chandra Introduction Genetic Discrimination has acquired the platform for techno-social discussion for quite sometime now especially with the advent of life insurance companies excluding patients from their policy based on their genetic pre-disposition to any particular health condition. Such an act hits the basic tenet of rights of equal treatment … Continue reading Criminalizing Genetic Discrimination in India
By AbhinavGoyal &Meghna Nimbekar The criminal law of our country has become rather static and this is attributable to the neglect of the Supreme Court of India in considering the jurisprudential questions which relate to crime and punishment. The Court is content in using its discretion by interpreting the law as it is, and does … Continue reading Evaluation of Death Penalty in Modern Penology: A case for abolition
By Mohd. Kumail Haider “Children are not things to be moulded, but are people to be unfolded.” -Jess Lair Cohesive Structuring- The United Nations General Assembly adopted the United Nations Standard Minimum Rules for the Administration of Juvenile Justice on 29th November, 1985. These Rules are commonly referred to as the Beijing Rules. Clause 4.1 of … Continue reading “Expounding Juvenile Culpability: Muddling Between Heinous and Serious Crimes”
By Rashika Bhardwaj & Prasoon Introduction The Prisons Act of 1894 (PA) and the Prison Statistics India reveal how mental health is not a lesser discussed issue in just the society, but it has largely been ignored by the government and especially the prisons of India. When the prison statistics released by the National Crime … Continue reading Mentally Ill Prisoners & their Rights
By Aniket Panchal and Diya Vaishnav Introduction "It is forbidden to kill; therefore, all murderers are punished unless they kill in large numbers and to the sound of trumpets." This distinct quote by a French Writer Voltaire exposes a jarring truth in the realm of the domestic legislation of India. The substantive law of India … Continue reading India’s blow to Humanity- Ignorance of Genocide and Prearrangement of Impunity
By Ansh Karnawat Introduction: Trials in India suffer from many flaws, but at the root of it all is the failure of foresight, easily visible from the growing divide between the intentions of lawmakers and their results, between their policies and the ground realities. The fundamental right to speedy trial under Article 21 of the … Continue reading Killing Many Birds with One Stone–Curing the Trials in India.
By Prachi Agarwal Abstract This article deals with some basic concept of identification of an accused person. Firstly, the author here is trying to elaborate on the importance of identification of accused person with reference to Section 9 of the Indian Evidence Act, 1872 (hereinafter referred to as “IEA”). Sometimes the crimes are committed under … Continue reading CCTV footage: A silent witness
By Shikhar Aggarwal Introduction The recent Supreme Court judgment, transferring the probe into the unnatural death of actor Sushant Singh Rajput and the surrounding circumstances, to the Central Bureau of Investigation (CBI), is being hailed as a victory for the public sentiment attached with the aftermath of his death. On the other hand, some believe … Continue reading Has the Supreme Court set an erroneous precedent by transferring Sushant’s death probe to the CBI?
By Abhinav Sekhri On August 11, the Supreme Court had requested the Allahabad High Court to expeditiously decide the habeas corpus petition filed by Nuzhat Perween for her son, Dr. Kafeel Khan. The petition challenged orders for his preventive detention under the National Security Act of 1980 (NSA) that were passed on February 13, 2020. … Continue reading Dr. Kafeel Khan and Our Punitive Preventive Detention Law
By Abhinav Sekhri On 31.08.2020, a Constitution Bench of the Supreme Court delivered its unanimous verdict in Mukesh Singh v. State (Narcotic Branch of Delhi) [SLP (Crl.) Diary No. 39528/2018 decided on 31.08.2020, along with other batch matters]. The Constitution Bench had been assembled to decide on the correctness of a Three Justices' Bench decision of … Continue reading The Constitution Bench Judgment in Mukesh Singh — A Sensible Retreat from Automatic Bias
By Shivjeet Parthasarathy The deaths of George Floyd in the US, and Jayaraj and Bennix in India have resulted in significant outcry against the power wielded by the police. In light of these events, the right to have a lawyer becomes much more relevant as it is an important check on police power. The right … Continue reading Constitutional Failures of the CrPC: An Analysis of S. 41D and An Accused’s Right to Legal Counsel
