In this article, the author first delineates the meaning of Article 38 of the Constitution as envisaged by the constitution framers. The author then delves into the judicial interpretation of Article 38 of the Constitution for fulfilling the key objectives enshrined within the ambit of Article. The author analyses the law and suggests a normative approach towards infusing the text and spirit of Article 38 into the institutions of national life. Continue reading Infusing Social Justice Into our National Institutions: An Analysis of Article 38
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