Categories
Criminal

Retrospective Application of Section 479 BNSS: A Crucial Step Forward in Alleviating Prison Overcrowding or Two Steps Back?

Debangana Nag and Sudha Ganesh Introduction The key purpose of a prison is to reform and rehabilitate the prisoners and make them responsible citizens of a nation. However, the reality on the ground emphasises that what is practised in our prisons is the theory of retribution and deterrence. The adverse conditions during long periods of […]

Categories
Criminal

Rethinking Witness Compensation: A Two-Pronged Approach to Reforming India’s Legal System

Aaditi Anand Sinha Introduction While discourse on Witness Protection Scheme has seen another development, with Assam drafting its own Scheme under Bharatiya Nagarik Suraksha Sanhita 2023 [“BNSS”], there is hardly any discussion on an equally important aspect–compensation provided to the witnesses for their statements although courts have reiterated its importance time and again. Mere safety […]

Categories
Constitutional Law

Citizenship Rights and the ‘CAA’ Controversy: A Jurisprudential Analysis

Rhea L Vinay Introduction ‘Citizenship,’ in India, has been awarded through Part II of the Indian Constitution and the Citizenship Act of 1955. While not ingrained as fundamental right under Part III of the Constitution, it has been recognized as a legal right/ claim conferred upon individuals that are deemed citizens of the country. It […]

Categories
Labour

Reforming Labour: Unveiling the Impact of India’s New Labour Codes on Indian Social Landscape

Yash Sharan and Abhishek Nande Introduction In July 2024, the Centre began efforts to implement the Labour Codes amidst the protests. The conundrum stems from the testing times of the COVID-19 pandemic when the trade unions of the nation wrote to the International Labour Organisation (“ILO”) regarding the government’s policy of suspension of the then-existing […]

Categories
Criminal

Antil’s Category A: Automatic Gateway or Consideration of Merits?

Rahul Ranjan A 2022 judgment, Deepak Sethi v. State of Uttarakhand (‘Sethi’), seems to have gone unnoticed by many observers, but potentially opens up questions about the guidelines given in the case of Satender Antil v. Central Bureau of Investigation (‘Antil’) for Category A offences. The Sethi judgment of the Uttarakhand High Court categorically observed […]

Categories
Privacy Law

Know Your Verifier: A Comment on the Law and Practice of Mandatory Aadhaar Authentication Procedures

Sankalp Srivastava Introduction This article is written broadly in the context of the documented categories of misuse of the Aadhaar regime to impose mandatory authentication by private players and the State.  For instance, private service providers continue to make Aadhaar mandatory for availing their services. In many cases, it goes unreported, but there are documented […]

Categories
Health Law

Quackery: Mock of Indian Public Health System

Vansh Singh and Niyati Trivedi Introduction In his keynote speech at the first session of the National Academy of Medical Sciences, the Chief Justice of India (CJI) emphasised the important connection between ‘Law and Medicine,’ particularly highlighting the widespread problem of quackery as a significant issue impacting the country. The Chief Justice of India (CJI) […]

Categories
Constitutional Law

Parliamentary Powers in Question: Analysing the Controversy Surrounding Mahua Moitra’s Expulsion and the Constitutional Landscape of Indian Legislative Authority

Sashank Saravanan and Kanan Shivhare Introduction In the hallowed halls of the Indian Parliament, where debates shape the destiny of a nation, a recent controversy has ignited a fervent discourse on the powers vested in the legislative body to regulate the conduct of its members. The expulsion of Trinamool Congress MP Mahua Moitra from the […]