Rule of Law

The newly introduced BNSS has dangerous and regressive provisions on attachment of property with powers that are sweeping for the police and lower judiciary

The Supreme Court, on January 21, 2025, reiterated that the Police does not have the authority to serve notice upon accused persons via WhatsApp, email, SMS, or any other electronic mode. This recent order of the Supreme Court was passed on a plea related to the case of Satender Kumar Antil vs CBI. The Court held that notices must strictly only be served as per the prescribed procedure laid down under the Code of Criminal Procedure (CrPC), 1973 or the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Uttarakhand has become the first state in independent India to enact a comprehensive Uniform Civil Code (UCC), taking a step towards uniformity in personal laws, affecting matters such as marriage, divorce, inheritance, and adoption across all religions. The move has reignited debates regarding the balance between individual rights, religious freedoms, and the constitutional vision of a secular and egalitarian society. While supporters of the step view the UCC as a progressive reform that upholds gender justice and national unity, concerns have been expressed by various critics over its impact on religious diversity and personal autonomy.

The recent Bombay High Court judgment (23rd January 2025) addresses the contentious issue of the use of loudspeakers at places of worship and their legal standing under Article 25 of the Constitution. The case was initiated following complaints by residents about persistent noise pollution caused by loudspeakers from religious institutions (masjids), particularly during early morning and late-night hours. The court examined whether such practices constituted an essential religious function or merely a cultural practice subject to regulation under existing noise pollution laws. The court ruled that loudspeakers are not an essential part of religious practice and directed the Maharashtra government and police to take strict action against violations of the Noise Pollution (Regulation and Control) Rules, 2000. This ruling aligns with past judicial pronouncements while also raising questions about unequal enforcement of noise regulations across different religious communities.

While setting aside a judgement of the Punjab and Haryana High Court in the Mahabir v State of Haryana judgement, the Supreme Court expressed concern over the declining standards of prosecution and warned against politically motivated appointments of law officers, linking prosecutorial lapses to failures in ensuring fair trials

Their freedom comes after years of judicial neglect and the systemic abuse of laws to silence opposition; highlights the weaponisation of anti-terror laws to crush dissent and derail justice.

While the immediate burial dispute is resolved, the Court’s failure to address the discriminatory nature of segregated burial grounds reveals a reluctance to challenge systemic religious biases, leaving an unresolved question about the right to dignity and equal treatment in death

The tragic events in Sambhal, Uttar Pradesh, have once again spotlighted the issue of custodial deaths, communal tensions, and state accountability in India. This narrative meticulously examines the incidents, the aftermath, and their broader implications by analysing evidence and testimonials taken from all relevant sources, including media reports from main stream media, and ground-level observations by independent reporters.

Examining procedural lapses, judicial interpretations, and investigative pre-conceptions in the Nanded blasts case

Encounters in custody are shockingly common in India and can be said to be a result of the slow and dysfunctional judicial system of India. Often cases are seen to get delayed, evidence is destroyed or lost, witnesses turn hostile, and the defendants buy their freedom. But the response of the police by taking the law into their own hands is even more threatening for the judicial system in India. Encounters usually end with dead criminals and not at all scathed police, raising multiple questions as to the necessity of use of such force by the police.