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Understanding the Historical and Constitutional Making of Right To Protest in India

right to protest in India

In recent years, the right to protest in India has become a courageous exercise of upholding democracy and constitutional ideals. To protest then is not simply exercising one’s right. It is also an act of defiance, and a means to uphold other fundamental rights. Dhruv Vatsyayan and Arpit Saxena ask if the peaceful right to protest is indelible to other fundamental rights, then why does it face excessive executive action.  Dhruv and Arpit also trace the history of the right to protest in India in colonial and post-colonial times.

The Siddique Kappan Case: How Freedom of Speech Got Incarcerated

siddique kappan case status

Journalist Siddique Kappan case recently reignited after his video asserting his belief in the Indian Constitution and Judiciary went viral. Siddiquie Kappan got arrested while he was on his way to report the Hathras rape case in Uttar Pradesh. He is among many small and independent journalists who are wrongfully incarcerated under draconian laws like the Unlawful (Activities) Prevention Act and sedition. The latter is, in fact, a colonial leftover.
Both these laws reverse the burden of proof and are worded to warrant human rights violations. Shubhra Agarwal, a Lawctopus Writers Club member, breaks down the case with its timeline. She also explains how the case defies legal protections, abusing excessive state power to silence voices of dissent.

Union of India vs K.A. Najeeb: A Trial Without a Trial

The recent pronouncement by the Supreme Court in Union of India v. K.A. Najeeb is being touted as a ray of justice for several accused arrested under the draconian Unlawful Activities (Prevention) Act (UAPA). Shivangi Banerjee analyses the judgement and highlights the implications it might have for future cases. She further elucidates the timeline of UAPA and narrates the story of its permanence.

Promissory Estoppel

By Madhubala Solanki Editor’s Note: This paper will explain the equitable doctrine of promissory estoppels and its evolution. Ingredients and applicability of the doctrine and

Role of Judiciary in Rape cases

Rape is one of the most heinous crimes and is often described as the “beginning of a nightmare” for the victim. In this paper, efforts have been made to identify how judiciary being the third pillar of the Constitution has played a vital role in finding the proper solution in rape cases. Sometimes through wide interpretations of the various provisions of legislation and sometimes by laying down landmark judgments where there were no specific laws.

Scientific Evidence in Criminal Trials- Narcoanalysis

Editor’s Note: Till recently, the courts had to rely on non-scientific evidences only because of the non-availability of proper technology. Scientific evidences are crucial to the fact finder in order to arrive at the logical consequence in deciding large number of issues brought before him/her. In the present era, they have almost become indispensable to them. However, a key issue which can be encountered by a judge/jury when ever scientific evidence is put before him/them is whether scientific evidence is worth believing or not. This is because due to the subjective nature of tests like narcoanalysis, the foremost criticism levelled against conducting the test is its conclusiveness. Therefore, there is a need for the Central government to make a clear policy stand on narco analysis because what is at stake is India’s commitment to individual freedoms and a clean criminal justice system.


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