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.
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.
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.
By Kapil Chandna What purpose the prosecution would achieve by sending an accused in custody is an important point to be considered. Simply because an
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
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.
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.
By Sumit Kumar Suman, CNLU INTRODUCTION The term “law” is used in different senses. In the plain sense, it means any rule, regulation or canon,
By Sumit Kumar Suman, CNLU Introduction Under the provision of Section 172 Cr.P.C., every Police Officer conducting the investigation shall maintain a record of investigation done on each
By Gurratan Wander, RGNUL and Harsimrat Kaur, Army Institute of Law, Mohali “Editor’s Note: More often than not, most discourses pertaining to criminal law, or the commission
By Kanthi Kiran Mamidanna, NALSAR University, Hyderabad “Editor’s Note: The court system in a nation usually operates to do justice. In light of this argument,
By Soumya Singh Chauhan, UILS, Chandigarh “Editor’s Note: The criminal justice system is slowly advancing from being retributive to reformative. It has been realised that
By Udisha Ghosh, Symbiosis Law School, Pune “Editor’s Note: The present analysis deals with a case that attempts to resolve issues such as if Section 167
By Harpreet Kaur, UILS, Chandigarh Editor’s Note: Arrest usually take place when a person is suspected of having committed a criminal offence. However, arrest and
By Anonymous Editor’s Note: This is a report on one of the most important cases in recent criminal jurisprudence. Shakuntala Devi’s case led to a
By Rishi Jain, Vasu Jain & Shaurya Singh Rathore, GNLU Editor’s Note: Law has always been an essential element of society. It was there even when
By Shrikanth Bhaskar, Vinay Narayan & Vinayak Ojha, GNLU Editor’s Note: Section 80 of the CPC provides for sending a notice to the government or a
By Akash Mishra, WBNUJS Editor’s Note: The Code of Civil Procedure (CPC) is deemed to be one of the primary procedural laws in India which is
By Sunit Kumar Mondal, Prachi Thanvi & Shubhi Surana, GNLU Editor’s Note: This paper aims to analyze the inherent powers of the court as enshrined under