By Arjit Mishra Gender neutrality is a concept that postulates the eradication of distinction between different sexes in the drafting and execution of laws. It aims to make every citizen entitle to equal rights, for example, equal protection of the law, etc. without distinguishing on sex. As regards, rape laws, it aims to exterminate the … Continue reading Gender Neutral Rape Laws: Need of the Hour
By Bhoomika Agarwal Policemen so cherish their status as keepers of the peace and protectors of the public that they have occasionally been known to beat to death those citizens or groups who question that status. - David Mamet The events that took place in the last few months have raised a very essential question … Continue reading Law Against Police Brutality
By Sri Hari Mangalam Introduction Three Strikes and you are out, a common baseball phrase is also the underlying principle for criminal penalties in America. The measure originally enacted to curb the increase in violent crimes across the country is as of now, centred in a few states. California passed the law in 1994, in … Continue reading Three Strikes and You’re Out: Indian Criminal Legislation Needs Baseball Rules?
By Devangana Kuthari and Ishani Mookherjee The term ‘Protest Petition’ has not been defined under any statute in India, whether the Criminal Procedure Code (CrPC), 1973 or the Indian Penal Code, 1860. However, it has been accepted in practice and has been a part of the criminal procedure in India, even before independence, though with … Continue reading Protest Petitions as a Tool to Check Unconvincing Closure of Cases
By Tanay Singh and Tanya Rathod INTRODUCTION The term bail essentially means the interim release of an accused from the judicial custody and to place him/her under the custody of some monetary assurance to serve the accused person his right to enjoy the personal freedom. Granting of bail in the Indian criminal justice system has … Continue reading COVID-19 – VI: India’s Decaying Bail System: A Virus Exposes the Truth
By Amrashaa Singh The recent killing of the four accused in the Hyderabad veterinary doctor’s rape case created a huge hue and cry across the nation. While some people praised the incident, others pointed out the human rights violations caused by the incident. Many famous personalities, praised it, including Jaya Bachchan, a Rajya Sabha M.P., … Continue reading Extra-Judicial killings: A solution for preventing crime in Adityanath’s UP?
By Kartik Agarwal India went into a state of despair on December 16th, 2012 when a 23-year-old girl was raped by six men in a moving bus in Delhi. Five of them were sentenced to death in 2013 by the Fast track court and one was sent to the juvenile justice board. The death penalty … Continue reading Are Rights of Victim Subservient to the Rights of Convicts: An Analysis in Light of the Nirbhaya Case
By Yashwanth J With the onset of nationwide lockdown following the COVID-19 pandemic caused by the coronavirus, various photos and videos have surfaced on the internet and the TV news channels portraying the highhandedness by the police officials against the flouters of the impugned curfew. The Government’s Guidelines on the measures to be taken by … Continue reading COVID-19 – II: Lockdown and the Wave of Police Brutality
By Ashna D After making innumerable attempts to postpone their execution, Mukesh Singh, Pawan Gupta, Vinay Sharma and Akshay Kumar Singh, the four convicts in the Nirbhaya gang-rape case have been hanged to death on 20th March 2020. In recent years, there has been a heightened support in favour of imposing the capital punishment for … Continue reading Looking Beyond Retribution: A Plea To Abolish Capital Punishment
By Raj Shekhar and Zevesh Modi “Justice delayed is justice denied.” Abstract On December 16th, 2012 a young paramedical intern was beaten, brutalized and raped by five men and a juvenile on a moving bus. They threw her out afterwards and thereafter, she died due to her injuries and internal bleeding. This case sparked a … Continue reading Nirbhaya Case: An Analysis of the Cyclic Syndrome of Delay and Pendency
By Abhiraj Das and Nihal Deo On the 24th of February, when the international community was keenly looking forward to the U.S. President’s visit to India, a severe riot broke out in Delhi. More than 50 people are reported to have lost their lives with hundreds being injured, shops thrashed and several homes set ablaze. … Continue reading Delhi Riots: Duties of the State Organs
By Anchal Bhatheja The Law treats civil and criminal matters differently in terms of the degree of burden of proof required, the nature of courtroom procedure to be followed, the punishment to be awarded and so on. This is because civil matters concern only private individuals while criminal matters concern the society at large and … Continue reading The Economics of an Imbalanced Scale of Justice
By Yagnesh Sharma INTRODUCTION India is viewed as an emerging superpower in the world that we live in today, and one of the major reasons for this status of India is attributed is to the sheer workforce that is translated to the population of the country. This population, however, brings its own problems. While India … Continue reading Privatization of Prisons and the Constitution in India
By Abhishek Choudhary and Aditya Shekhar “They carried all they could bear, and then some, including a silent awe foe the terrible power of the things they carried.”- Tim O’Brien, The Things They Carried.[1] INTRODUCTION Traumatic events have the potential to generate a psychiatric disorder i.e. Post-Traumatic Stress Disorder, popularly known as PTSD. War, rape, … Continue reading Debunking Post Traumatic Stress Disorder: A Dilemma for the Criminal Justice System
By Sagrika Rajora ‘Oh’ for Obscenity Every day we live by impressions of reality that have been constructed around us. These notions develop a congenital identity that brands us as members of society. The common sense that is inherent to societal functioning ensures a certain normative behavior. Law is an institution that promotes this common … Continue reading Criminal Law and Obscenity – A Legislative Analysis
By Abhinav Sekhri [The Proof of Guitlt] has consistently argued that changes to the laws that form the bedrock of India's criminal justice architecture — The Indian Penal Code of 1860, Indian Criminal Procedure Code of 1973, and the Indian Evidence Act of 1872 — are necessary. No legal system is, or can be, foolproof; … Continue reading Criminal Procedure Reform: The Dangers of Overvaluing the Ends and Forgetting the Means
By Abhinav Sekhri The 47th All India Police Science Congress recently concluded in Lucknow, Uttar Pradesh, and it has been reported that the Union Minister for Home Affairs has once again spoken of this Government's desire to carry out amendments to the Indian Penal Code 1860 [IPC] and the Criminal Procedure Code 1973 [CrPC]. This, according to … Continue reading Dear Minister, There Are No Silver Bullets — Of Speedy Trials and the Criminal Process
