What's Wrong With The Sexual Harassment Complaints Redressal Committees? – Ground Level Perspective

July 2019 saw the Delhi High Court impose financial penalty on a woman complainant for having registered false case[1] of sexual harassment against her senior. Judgment reveals that during the inquiry the complainant was unable to recollect names of witnesses and articulate her complaint with details. Much space remains to discuss behaviour of the Internal Committee (IC)[2] and inquiry procedure followed by the Committee that could have created fear and hesitation in the complainant. ...

'Black Warrant: Confessions Of A Tihar Jailer' - A Gripping Account Of Prison Life

One word that can be used to describe "Black Warrant: Confessions of a Tihar Jail" by Sunil Gupta and Sunetra Choudhury is – gripping. An absolute page-turner, the non-fiction novel recounts the experiences of Mr. Sunil Gupta who spent 35 years as a jailer at the infamous Tihar jail and then as the Legal Advisor to the Director Of Prisons. What struck me right off the bat was the simplistic language employed in the book. As journalist and co-author, Sunetra Choudhury stated at the book...

Why Won't Judges Agree to Disclose Details of Their Assets?

All other public servants are held to a higher standard of transparency – including by the Supreme Court itself.

The Curious Case Of Demolition And Restoration Of Guru Ravidas Temple

In its initial years, the judiciary undertook a very principled interference with the decisions taken by the legislature or the executive. Due to failures of successive governments, and more particularly after attempts were made to develop a 'committed judiciary', it was coerced to expand the sweep of its jurisdiction and adopt an activist/governing approach. The perception of the public therefore gradually strengthened towards the judiciary and in a sense it came to be largely believed that the...

Going Beyond Disaster Preparedness To Disaster Resilience- Role Of Disaster Management Act, 2005

As the 2019 floods in Karnataka, Kerala and Maharashtra revealed, extreme weather events is the 'new 'normal' and causes damage to both life and material assets. The mentioned states are especially vulnerable because they are situated in the Western Ghats, which is considered as an extremely ecologically fragile region. With the protection status of the Ghats in limbo due to vested interests, the damage caused to these areas, especially in Kerala and Karnataka, are all the more pronounced.In...

Constitutional Morality, Ambedkar's Fear And Governor's Discretion

The political battle to form a government in Maharashtra finally seems to be over. Yet, the entire episode once again forces us to scrutinize the role of governors in appointing a Chief Minister, whenever there is a fractured electoral mandate in a State. The Maharashtra episode appears to be a replica of the events in Karnataka in 2018, when the Chief Minister (belonging to the ruling party in the Centre), initially appointed by the Governor without showing clear majority, subsequently...

Mooring the "constitution" of India back to the "Constitution" of India

The Constitution of India - the book - is only as good as those who work it.

Written, Rewritten And Unwritten – Our Constitution

70 years back our Constitution was adopted on 26th November 1949 after 3 years of extensive debates by the Constituent Assembly and notably 4 years back, this day was renamed as the 'Constitution Day' or 'Samvidhan Diwas'. The 1st seed of the Constitution as we have today was sown on 31st December 1929 at the Lahore Session by Jawaharlal Nehru. 4 weeks later, 26th January 1930 was declared as the 'Poorna Swaraj' Day. Gradually after much efforts, under the Indian Independence Act, 1947, India...

Is Temperament Of The Accused A Factor While Examining Whether There Was 'Grave & Sudden' Provocation?

"If this judgment is made a precedent, it would be suffice to show that a murder accused was a short tempered person so as to enure him the benefit of Exception 1 to Section 300 IPC."

Law On Reels - 'Ardh Satya': A Nuanced Movie On Working Of Indian Police

"Jab court ki date aane wali hoti hai to hum chhuti lekar case diary bharte hai",[1] said a police officer in a conference I recently attended. Police reforms in India have been talked about for almost 4 decades now. But our police continue to be overburdened. It continues to operate under archaic laws and colonial mind set with all kinds of prejudices. And this is where Ardh Satya becomes relevant; a movie which till date remains one of the most nuanced films on police machinery in India....

Indian Civil Liberties Union: Ensuring Right To Legal Representation To All

In 2018, Indian Civil Liberties Union was conceptualized in the wake of increasing hate crimes and the need for an organization to provide quick legal response. Today the ICLU is a vibrant network of lawyers, activists, paralegals and students from all over India who work untiringly to defend constitutional values and preserve the rights and freedoms of citizens and others. Led by Advocate Anas Tanwir, the association has lent a hand in the drafting of the anti-lynching laws and execution of the...

Walayar Case: Commission Of Inquiry Reduced To A Mockery

Today the local news channels of Kerala have flashed the breaking news that the State Cabinet has appointed a retired District Judge as a Commission of Inquiry to go into the lapses in the investigation and prosecution of the Walayar case in which two juvenile girls who were allegedly ravished and subjected to sexual abuse repeatedly, committed suicide. The Sessions Court, after trial acquitted the accused persons who were charge sheeted by the Police. 2. There is no dispute...