The second part of the series uses Ronald Dworkin to elaborate upon how constitutional rights would function as limitations that must be observed by courts to ensure that the interpretive discourse retains ‘justice-qualities’ in the light of broad and vague provisions of the Goonda Act. Continue reading Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 2)
This blog series throws light upon the controversy surrounding ‘Lakshadweep Prevention of Anti-Social Activities Regulation 2021’ using the understanding of the core and penumbra. The first part of the series shows how open texture inhabits most of the provisions of the Goonda Act and how it can prejudice the adjudication process. Further, the first part shows that reversion to ‘rights’ as indicators of ‘justice-quality’ of judicial discourse is apt in ‘Hard Cases’ in the backdrop of the Goonda Act. Continue reading Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 1)
In this post, the author analyses the applicability of Anticipatory Bail under section 438 CrPC to the Juvenile Justice Act, 2015. The author argues that in the absence of concrete guidelines and judgment by the Supreme Court on the issue, there is an absence of uniform approach adopted by the High Courts which has led to the divergence of opinion amongst them, which has resulted in the need for urgent judicial intervention of the apex court. Further, the author analyses both sides of the argument to and for application of section 438 CrPC to JJ Act and proposes a way forward.
Continue reading Anticipatory Bail to Juveniles(?): A Dilemma Unresolved
In this post, the author discusses rape-shield laws and how the recent Tarun Tejpal v. State of Goa judgment has wide implications for the confidence that survivors place in the justice system. The author also discusses the revictimisation of rape survivors, the need for reinforcing India’s rape shield laws, and how inspiration for the same may be drawn from other jurisdictions. Continue reading To Repair a Damaged Rape-Shield
In this post, the authors delve into the veracity behind Ghana’s legal regime on LGBTQ+ rights. They attempt to do this by scrutinising its legal framework, the influence of its socio-religious fabric on the same, and its international legal obligations. The authors argue that LGBTQ+ rights, as opposed to ‘special rights’, are inherently embedded in the body of international human rights. Further, they argue that there is ample room in the Ghanaian Constitution to honour and import the construction of ‘sex’ and ‘gender’ to include sexual orientation and gender identity as per the international standards. Continue reading Ghana’s Homophobic and Heteronormative Colonial Laws: An International Law Perspective
In this post, the author explains the rationale behind the Supreme Court’s recent decision to acquit veteran journalist Vinod Dua in a sedition case against him. Further, the author demonstrates the inadequacy of protection conferred against prosecution for sedition under Section 124A of Indian Penal Code, 1860, by the Vinod Dua verdict, and highlights ongoing litigation which could pave the way for ridding India of its oppressive sedition law. Continue reading Supreme Court’s Vinod Dua Verdict: Significant Victory for Freedom to Dissent or Missed Opportunity?
In this article, the authors argue that the jokes of a stand-up comedian, made merely to entertain people cannot always be regarded to be of such nature which could qualify the ingredients of an offence of hurting religious sentiments defined under Indian Penal Code, 1860. With the help of judicial precedents, the authors identify different categories of blasphemy and identify the instances in the which a person be made liable, with a specific emphasis on stand-up comedy.
Continue reading A Stand-Up Comedian and His Criminal Liability Owing to Jokes Insulting Religious Beliefs of a Community
In this article, the authors discuss whether the government can force the citizens to give up their Fundamental Rights to avail a government benefit, in light of the recent Jharkhand High Court order which made it mandatory for an under-trial to download the Aarogya Setu Application in order to get a bail. Continue reading Whether the State can Force Citizens to Give Up their Rights in Exchange for Government Benefits? An Analysis in Light of Aarogya Setu being made Mandatory for Getting Bail
In the latest post, Surbhi Karwa analyses the 2018 Criminal Law Amendment in the light of Andrew Ashworth’s principles of criminal law and argues for a more principled approach in legislating the criminal law. Continue reading Yet Another Year of Unprincipled Rape Law Reform: Testing 2018 Criminal Law Amendment on Andrew Ashworth’s Core Principles of Criminal Law