Book Review - Unsealed Covers - A Decade Of The Constitution,The Courts And The State By Gautam Bhatia

In the realm of Constitutional Jurisprudence, there are moments when a new book emerges, promising to quench the thirst of eager aspirants and enthusiasts alike. One such moment has arrived with the release of Gautam Bhatia's eagerly awaited masterpiece, "Unsealed Covers." So, without further ado, let us embark on a journey into the heart of this book, unveiling the author's profound insights and unravelling the intricate layers that make "Unsealed Covers" a true masterpiece. Author’s take on the verdicts of the Supreme Court and various High Courts While analyzing Unlawful Activities (Prevention) Act, 1967 cases in the past decade, the author highlights the potential for a miscarriage of justice when both the law and facts are manipulated to establish a prima facie case. This manipulation can result in the incarceration of individuals, even in challenging situations such as a pandemic. The author underscores the grave consequences of this approach, which may lead to a erosion of civil liberties and the risk of thought-crimes. What sets this chapter apart is its focus on the fundamental difference between states of exception and states of normalcy. It emphasizes that the UAPA should only be invoked in exceptional circumstances, rather than being used as a replacement for ordinary penal law. It underscores the necessity for a strict and narrow interpretation of the UAPA's definitional clauses, stressing that mere discussions and advocacy should not be conflated with incitement or conspiracy to commit an offense. Furthermore, the author highlights the significance of individualized, factual, and specific allegations to establish a prima facie case under the UAPA. This offers a valuable framework for courts to strike a balance between legal rigor and constitutional obligations. Within constitutional law, the Puttaswamy verdict resembles a symphony of freedom, where each of its nine judges contributes a unique note to the melody of privacy rights. Just as a great musical composition leaves a lasting impression, the resonance of Puttaswamy will guide the nation for years to come in navigating the intricate dance between privacy and the State in the digital age. According to the author, this marks a significant moment in Indian legal history as the Supreme Court rectified past errors and embraced the principles of constitutional morality and transformative constitutionalism. The emphasis on constitutional morality and the rejection of discrimination based on 'intrinsic or core' traits establish a progressive precedent for future cases. This addresses the tension between group autonomy, equality, and non-discrimination within religious practices. The foundation of the judgment relies on a series of factual assumptions, notably the belief in the 'unparalleled' uniqueness of Aadhaar biometric authentication. This assumption is pivotal in upholding the constitutionality of Aadhaar against various challenges. However, the author questions the accuracy of this foundational assumption, pointing out contrary evidence and suggesting a lack of rigorous scrutiny. The judgment balances these concerns against the supposed benefits of Aadhaar, such as targeted subsidy delivery and reduced corruption. The reasoning in the judgment occasionally shifts between 'clash of rights' and 'larger public interest,' leading to conceptual inconsistencies. The author criticizes the court's reliance on evidence like a 'PowerPoint presentation' and highlights the selective application of the 'disputed questions of fact' principle, suggesting a convenience-based approach to constitutionalism. Ultimately, according to the author, the legacy of the Aadhaar judgment rests on its reliance on unverified factual assumptions and its tendency to overlook opposing viewpoints. In discussing the Marital rape case, the author delves into Justice Shakhder's viewpoint, which champions the importance of consent both within and outside of marriage. This aligns with contemporary ideals of equality and individual autonomy. The author's argument underscores that the Marital Rape Exception creates an unfair distinction, where coerced sex within marriage is treated differently from the same act outside of it. In contrast, the author elucidates Justice Hari Shankar's stance, which centers on the concept of a "legitimate expectation of sex" within marriage. He argues that the institution of marriage inherently carries this expectation, setting it apart from other relationships. However, the author subjects this notion to critical examination, highlighting its questionable logical basis and its potential to undermine the significance of consent. The author concludes by firmly supporting Justice Shakhder'sperspective, asserting that Indian constitutional law, as of 2022, does not endorse diminishing sexual consent based on marital status. In the Hijab case, the author...

Book Review - Unsealed Covers - A Decade Of The Constitution,The Courts And The State By Gautam Bhatia

Dr.Prema E & Ragul OV

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