Law, Rights & Society

Justice Verma Committee Report

Law, Rights & Society March 13, 2013

Justice Verma Committee Report: Perspective on IPC Amendments and More

The Critique of the IPC Amendments in Justice Verma Committee Report (Comments Dated 24.01.2013) My critique of the IPC Amendments in Justice Verma Committee report (download here) vide Appendix 4 of the report is as follows: Sec 100 : S 326A is not only grievous hurt; “which shall include” creates confusion about the intention of the legislature. The courts may misinterpret the provision to allow this defense even in those cases…

Trial of Sexual Assault Cases

Law, Rights & Society December 24, 2012

Trial of Sexual Assault Cases: Practical Suggestions and More

In this blog post, I am making suggestions for the trial of sexual assault cases in India suggesting measures that can be taken to expedite the rape/sexual assault proceedings and, more importantly, the measures that can be taken to bring in the certainty of results reflected in the larger number of genuine convictions. Trial of Sexual Assault Cases: Assumptions The amendments in the IPC expanding the definition of rape to…

Zakia Jafri Case

Law, Rights & Society, Judgments November 22, 2012

Zakia Jafri Case: The SCI Made a Monumental Blunder

Comment Dated 12.09.2011 In Zakia Jafri case, a special investigation team (SIT) investigated the matter on the directions of the Supreme Court of India (SCI). The SCI also appointed an amicus curiae and directed him to file his report after an independent assessment of the statements of the witnesses who deposed before the SIT. The witnesses also included Sanjeev Bhatt. As per media reports, the SIT rejected the statement of…

Regularization of Unauthorized Colonies Delhi

Law, Rights & Society August 31, 2012

Regularization of Unauthorized Colonies: Delhi Government In Big Risk

Regularization of Unauthorized Colonies, Delhi: The Big Risk Regularization of unauthorized colonies, Delhi, is a hot issue, and it is also inevitable but to regularize them. Elsewhere, I have also opined that the unauthorized colonies have, ironically, been a boon for the citizens of Delhi. However, the Delhi government is trying to short-circuit the process of regularization of unauthorized colonies, Delhi. In the guidelines for regularization as well as in…

2G Judgment

Law, Rights & Society, Judgments August 24, 2012

Is 2G Judgment Now Introducing Due Process of Law?

Procedural Fairness under the Indian Legal System The 2G judgment by the Supreme Court of India has introduced “due process of law” in India by linking arbitrariness in decision making to the decision itself. Let us see how. The equality, enshrined under article 14 of the Indian Constitution, can be ensured in two ways: By challenging the law/policy/action of the state on the principle of intelligible differentia and rational nexus….

Judicial Accountability in India

Law, Rights & Society August 16, 2012

Judicial Accountability in India: 2 of the Most Important Requirements

The two essential elements of judicial accountability in India (or wherever else) are ensurance of veracity of judicial proceedings and scrutiny of judiciary. If these two elements are ensured, there is hardly much judicary can do to do corruption. I am concisely commenting on the two elements of judicial accountability in India below. Judicial Accountability in India vide the Records of Judicial Proceedings Ideally, all proceedings of the courts should…

Right to Privacy of Sleep

Judgments, Law, Rights & Society March 28, 2012

Right to Privacy of Sleep against Private Persons?

Right to Privacy of Sleep Introduced Baba Ramdev judgment, available here, is basically a judgment on the legality of implementation of ex-parte order dt. 04.06.2011 passed by the ACP, Kamala Market, Central Distt., Delhi, u/s 144 CrPC. However, the judgment by Justice B. S. Chauhan is also a primer on the right to privacy u/a 21 of the Indian Constitution. The judgment has clearly identified the right to privacy of…

Jan Lokpal Bill

Law, Rights & Society August 23, 2011

Jan Lokpal Bill: It’s Full of Silly Technical Problems

Jan Lokpal Bill of India against Corruption has too many silly technical problems to be taken seriously for any kind of law formulation. The Jan Lokpal Bill needs to be amended. Given below are technical problems in the Jan Lokpal Bill downloaded from the website of India against Corruption. My suggestion to India against Corruption would be to keep amending the Jan Lokpal Bill till it becomes suitable for adoption….

Binayak Sen Judgment

Judgments, Law, Rights & Society March 8, 2011

Binayak Sen Judgment: Discussion on the Most Important Angle

In this blog post, I will discuss the most important angle of criminal conspiracy in the Binayak Sen judgment. The conspiracy has been held to be proved against Binayak Sen. He has been held guilty under section 124A IPC read with Sec 120B IPC for conspiring with Narayan Sanyal and Pijush Guha in spreading hatred against the state. Binayak Sen Judgment: The Facts/Evidence The evidence with respect to Binayak Sen…

Aruna Shanbaug Judgment

Judgments March 7, 2011

It’s for sure Aruna Shanbaug Judgment is without Jurisdiction

Aruna Shanbaug Judgment: The Laid Down Law The Supreme Court of India (SCI) has apparently written Aruna Shanbaug judgment under its writ jurisdiction u/a. 32 of the Indian Constitution in a criminal writ petition filed before it. The criminal law in India is very clear. Any act (which includes omission) done with the knowledge that the act would cause death of a person amounts to culpable homicide/murder. By implication, any…