Articles
Sanganer Open-Air Camp: Prison Where Prisoners Live With Their Families
India is not new to the open-correctional institutions. One of the open correctional institutions, Sanganer open-prison, officially known as Shri Sampurnanand Khula Bandi Shivir, has been there for six decades now. Allegedly, the land on which the open prison operates has recently been allotted by the Rajasthan Government for constructing a Satellite hospital and it is a matter of ongoing litigation before the Supreme Court and the Rajasthan High Court.As per Rule 723 of the Rajasthan Prison...
Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. In other words, it may be stated that the Courts impose a virtual 'cooldown period for seeking bail'. In this context, this article provides a trifold argument that such imposition of a minimum period before the subsequent bail application is to...
Sports Governance: A Case Of Apathy, Lethargy And Unbridled Corruption
Regulation of sports governance by the Central Government has always been a thorny issue, and the latest attempt by the Ministry for Youth Affairs and Sports (“Ministry”) is no different. In the second week of October this year, the Ministry issued the Draft National Sports Governance Bill, 2024 (“Bill”),[1] inviting comments and suggestions. In what could have been an excellent opportunity for the Ministry to finally bridge the gap between intent and action, the Ministry yet again fell...
An Emotion Called Devotion
The judiciary is coming to terms with a sharp ideological divide across the world, where notions of justice are grounded in different worldviews. This creates new expectations from judges and decision making, which is often expected to move beyond the strict framework of black letter law. It is required to be sensitive to historic injustices and oppression, marginalization, and traumas not just of individuals but of communities. The conduct of the judge and not just his judgments are also...
Will India's Initiative Turn Out To Be A Significant Breakthrough In Reorienting The Indus Water Treaty?
The Indus Waters Treaty (IWT) is one of the "most successful" transboundary water agreements in the world, which was borne out in the late 1950s, as a result of the extensive discussions between India, Pakistan, and the World Bank. It has long been regarded as thestandard for institutional bilateral water-sharing agreements, particularly because it has withstood numerous wars and crises and demonstrated its independence from political conflicts. However, IWT has a history of controversy...
Is Not The Magistrate A Prisoner Of Section 175 (3) Read With Section 173 (4) Of BNSS?
What impelled me to pen this article is the grievance voiced by some members of the Bar to the effect that on receiving “private complaints” all Magistrates are seeking the report of the Police before deciding to order investigation under Section 175 (3) of the Bharatiya Nagrik Suraksha Sanhita, 2023 (“BNSS” for short). 2. For a better assimilation of the problem, it may be necessary to make a comparative evaluation of Section 156 Cr.P.C. and Section 175 of BNSS by means of a tabular...
Understanding Crime & Youth Delinquency By Revisiting The Movie 'Dev.D'
While cinema (or now OTT) is often critiqued for being a bad influence upon the society, or overly exaggerating some claims, there can still be some kernel of truth reflected in them. In this piece, the author would employ the learnings from 'Development of Life Course' (DLC) theory in the field of criminology to analyse the movie 'Dev.D' as a case study to understand youth delinquency in urban India. Based on a 1917 Bengali novel 'Devdas', this story has been adapted for several plays and...
Exploring AMU Minority Judgment: A Legal Analysis Of Issues And Implications
The Aligarh Muslim University (AMU) case represents one of the most complex and prolonged constitutional debates on the minority status of educational institutions under Article 30 of the Indian Constitution. This article examines the historical and legal backdrop of AMU, the evolution of the case through pivotal amendments, judgments, and constitutional interpretations, and the recent judgment's extensive analysis of indicia for minority institutions. Although the expectation was for the...
The Unintended Victims: How POCSO Affects Adolescents' Autonomy And Access To Health
In the last six months almost every High Court has faced the question of criminalization of romantic relationships under the Protection of Children from Sexual Offences Act, 2012 (here in after POCSO). Different high courts have adopted different measures while dealing with such cases, but what remains common is the recognition of need for reforms under the POCSO, to ensure no step-motherly behavior is faced by the adolescents. Recently the Delhi High Court has observed that teenage love falls...
Zero FIR
“Zero FIR” is a concept which has already been prevailing in Indian law without any statutory backing now for a considerable length of time. The above concept allows the registration of a “Zero FIR” in any Police station within whose territorial limits a cognizable offence was not committed and subsequently transferring the FIR at the earliest to the appropriate police station having the jurisdiction. When a person approaches a police station with “information” pertaining to a “cognizable...
Delhi High Court Verdict In Airports Authority Of India Case Is A Renewed Call To Uphold The Spirit Of The Arbitration Act
Almost all weekend conferences on Arbitration- organized with the intent to promote India as a 'hub for arbitration'- witness stakeholders coming together to call for increased predictability vis-à-vis enforcement of arbitral awards. As is conventional wisdom, one primary factor to ensure certainty of execution is nominal judicial intervention in tribunal findings and ultimately, the award. However, despite the usual platitudes and ubiquitous lip service, recent experience would show...