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Due Process Strengthened: Supreme Court mandates written, language-specific grounds for arrest under special laws and general laws
Building on Pankaj Bansal and Prabir Purkayastha judgements, the Court constitutionalised a uniform standard—every arrest, whether under IPC/BNS or special enactments, must be supported by written grounds communicated in the arrestee’s own language, failing which the arrest stands void
Kheda Flogging case: Muslim victims refuse to compromise and settle with accused police officers
After the initiation of contempt proceeding, the four accused cops indicated that they be spared punishment and rather be made to pay compensation; final verdict on October 19
Marriage Equality Case: No right to marry, form civil unions or adopt says SC
By a ratio of 3:2, the constitutional bench of the Supreme Court held that the state cannot be obligated to grant legal status to civil unions; unanimously declined to allow recognition to same-sex marriages
Supreme Court to hear petition on arbitrary seizure of electronics this November
In the era of rising surveillance, should the Court not restrict the arbitrary powers being employed by police against journalists?
Whenever there is a strong executive, there has been a visibly weak judiciary: Justice Dr. S Muralidhar
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Delivering a lecture in Kerala, on invitation by the All India Lawyers Union (AILU) on the independence of the Indian judiciary, the former chief justice of the Orissa High Court who was given a resounding and unusual send off when he retired in August 2023, spoke candidly on the various issues before the judiciary.
‘Reorganisation’ of J & K into two union territories, constitutional? Part III of the analysis in the 370 case
The third part of the series examines the validity of the union government’s action in reducing the status of Jammu and Kashmir, without consulting the state legislature, to two union territories
Jharkhand HC: Case against BJP leader for abusing driver under SC/ST Act quashed
The court held that ingredient of SC/ST Act are absent as there was no proof to the effect that BJP leader Pratul Shahdeo also did not belong to the caste of the complainant
Article 370, permanent or temporary? Part II of arguments in Supreme Court
This is Part II of a series summarising arguments presented in the Article 370 hearings before the Supreme Court
Is Article 367 a tool for understanding or amending the Constitution? Abrogation of Article 370, Part 1
Four years after a sudden and non-deliberated abrogation of Article 370 (August 5, 2019), the Modi 2.0 regime faced a challenge to what was arguably an arbitrary and unconstitutional act
In the face of conservative opposition, India’s Supreme Court will decide on petitions on Same-Sex Marriage
Months of June and July 2023 resounded with arguments for and against same sex marriage unions with an interesting alliance of conservatives across the religious and ideological spectrum opposing the moves, some with the most regressive arguments, advanced by the union of India
Karnataka seer booked by police once again for anti-Muslim hate speech
Siddalinga Swami of Andola Mutt has a history of facing legal troubles for alleged incidents of hate speech, with this incident being the second time this year.
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Minorities
‘Faith Is Not a Crime’: Mumbai’s Christians rise against Maharashtra’s proposed anti-conversion bill
Peaceful Sunday protests across 35 parishes led by the Bombay Catholic Sabha warned that the so-called ‘Freedom of Religion’ Bill threatens Article 25 rights, risks criminalising compassion, and could become a political tool to harass minority communities
Rule of Law
Due Process Strengthened: Supreme Court mandates written, language-specific grounds for arrest under special laws and general laws
Building on Pankaj Bansal and Prabir Purkayastha judgements, the Court constitutionalised a uniform standard—every arrest, whether under IPC/BNS or special enactments, must be supported by written grounds communicated in the arrestee’s own language, failing which the arrest stands void
India
Pakistan denies entry to 14 Hindu devotees in Sikh ‘jatha’ visiting for Guru Nanak Jayanti
Officials at Attari–Wagah reportedly told the pilgrims, “You are Hindu, you cannot go with a Sikh group,” sending them back despite valid travel documents
Rule of Law
Screens of Silence: What NCRB Data Misses about Cybercrime in India
As India’s online world expands, so does the gap between crime and accountability. NCRB data records numbers, but not the reasons behind their soaring increase; besides erasure of reporting of gendered cybercrimes constitute a glaring gap: there is an absence of adequate reportage within NCRB on stalking, cyberbullying, morphing, which are show a mere 5 per cent of rise
Gender and Sexuality
Kerala High Court: First wife must be heard before registering Muslim man’s second marriage
Justice P.V. Kunhikrishnan reasserts constitutional and gender equality, procedural fairness, and the emotional agency of Muslim women in a landmark judgment
