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After the bodies of two Muslim men were found inside an SUV that had been set on fire in Bhiwani, Haryana, the previous week, their families have made serious allegations against the local police force. The two men were beaten up by members of the Bajrang Dal because they were suspected of smuggling cows, but it is alleged that police in Haryana witnessed the incident and assisted the men in getting across the border from Bharatpur, which is located in the state of Rajasthan. It is not the question of whether or whether the law was breached that is at issue in this instance; rather, it is about how much latitude police allowed non-state actors to engage in cruel vigilante action in the name of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, which was passed in 2015. Mohit ...

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Investigating Structure Of Criminal Justice System: Analysis

Sayani ChakrabortyJanuary 17, 20230

The 1860 Indian Penal Code (IPC) underpins India's criminal justice system. This document outlines the country's criminal laws. Criminal justice ensures victims receive justice and perpetrators are punished. Criminal defendants will be treated equally and have their legal rights protected. Police, courts, and jails make up India's criminal justice system. The police investigate crimes and apprehend criminals, and victims first contact them. The judicial system punishes through trials and sentences, while the correctional system rehabilitates and prevents reoffending. Law enforcement, courts, and prisons are crucial to India's criminal justice system. Police investigate crime, find criminals, and enforce the law. The judiciary must uphold justice and impartiality. Rehabilitating inm...

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SC Upholding EWS Quota Shows Its Ignorance Of Socio-Economic Fairness And Equality

Sayani ChakrabortyNovember 24, 20220

In 1985, Justice Chinnappa Reddy ruled that quotas should be utilised for equality, not charity. His ruling explains the social justice goals of Indian reservations clearly and movingly. The fact that the judiciary, which had previously rejected such notions of social justice, finally accepted the view of politicians and the majority of Indians regarding the need for vertical reservations in jobs and education to create a truly equal India is a landmark decision that will continue to symbolise this. Consider the Supreme Court's ruling in Janhit Abhiyan v Union of India (2022), which upheld the 103rd amendment in the context of reservations for economically poorer sector (EWS). By upholding the 103rd amendment, the Court implied such reservations are for charity, not parity. All thre...

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Centre Enacts New Regulations In An Effort To Reduce Air Pollution

Sayani ChakrabortyNovember 4, 20220

The Union government has implemented the fourth stage of the Graded Response Action Plan (GRAP) to combat the pollution, with the air quality in Delhi continuing in the "severe" category and climatic conditions anticipated to worsen it further in the coming days. SAFAR reports that on November 3rd, 34% of the fine particulate matter (PM2.5) levels in Delhi were caused by stubble fires. PM2.5 is an atmospheric pollutant released during construction and fossil fuel burning. This is the highest level we've seen all year. However, that's not the end of the bad news; the forecast for the following few days is bleak as well. The government's air quality warning systems have issued a "serious" alert, and it's expected to last until November 5. Delhi's Air Quality Index (AQI) remained...

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Why Supreme Court’s Decision On Abortion Is A Monumental Victory?

Sayani ChakrabortyOctober 17, 20220

The Supreme Court's ruling that unmarried women have the same right to abortion access as married women in the event of a medical emergency. This action is required to rectify a discrepancy between the law as written and as it is actually being applied. This ruling, which has been praised by feminists and medical professionals all over the world, marks a turning point in India's progress toward gender equality and the advancement of women's health. The Supreme Court held that there is no basis to exclude single or unmarried women from the categories of women who can seek abortion treatment after 20 weeks, but before 24 weeks, based on the equality provision of the Constitution and women's rights to dignity, privacy, and bodily autonomy. This Supreme Court ruling will go a long...

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Criminalization Of Marital Rape In India Remains Unrealized Five Years After ‘Puttaswamy’

Sayani ChakrabortySeptember 1, 20220

The framework of privacy established by the landmark ruling is based on physical integrity, decisional autonomy, individual dignity, and freedom; declaring the marital rape exemption to be "unconstitutional" would be the fitting realisation of this framework. On August 24, 2012, five years ago, the Supreme Court of India issued its historic nine-judge bench judgement in the case of K.S. Puttaswamy against Union of India, finding that the right to privacy is a fundamental right derived from article III of the Indian Constitution. Legal academics at the time stated that Puttaswamy might alter the legal landscape of women's rights in India, but that this would rely on the future case-by-case application of Puttaswamy by the courts. Both the legalisation of same-sex partnerships (in Nav...

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Supreme Court To Set Up Bench To Hear Appeals Against Hijab Ban

Sayani ChakrabortyAugust 2, 20220

India's Supreme Court on Tuesday, Aug. 2, said that it will set up an appellate panel to examine a number of appeals challenging the Karnataka high court's decision not to overturn the state's prohibition on students wearing the hijab in public schools. Senior counsel Meenakshi Arora, representing one of the appellants, made her arguments before a bench that included Chief Justice N.V. Ramana and Justices Krishna Murari and Hima Kohli. "A bench will be built by me. A judge is ill, according to the Chief Justice of India. Arora stated that the appeals against the high court judgement had been submitted back in March, but had not yet been scheduled for hearing. “Wait. According to CJI Ramana, if the judges had been okay, the subject would have come up. An agreement was made by Indi...