By Sarthak Sahoo Introduction In 1518, Strasbourg shook its legs like never before. A ‘dancing plague’ had overtaken the city. For reasons ineffable, the people of the province had started dancing with no end in sight; they swirled and twirled, taking no food or water, reportedly leading to many deaths.[1] Interpretations compete, but some claim … Continue reading Judicial Independence and the Elephant in the Room: A Response to Rohin Bhatt and Indira Jaising
Category: Judiciary
Revisiting the Roster System: The Supreme Court Must Introspect For the Sake of India’s Democracy
By Philip Oommen and Kunal Jain Introduction Abu Abraham, who popularized cartoons as a form of ‘dissent’, had famously pictured President Fakhrudin Ahmed as a political puppet signing ordinances even from a bathtub.[1] Cartoons, ever since, have proven to be an effective mode of criticism, often used to trigger public debates over the injustices perpetrated … Continue reading Revisiting the Roster System: The Supreme Court Must Introspect For the Sake of India’s Democracy
The Judiciary and Mental Health
By Chaaru Gupta Judges have to make life-changing decisions on a routine basis, and that too, for others. Ideally, they have to listen to both the sides, balance them out and give the decision. In this whole process, they have to be neutral and remain detached from the situation.[1] But is it possible for a … Continue reading The Judiciary and Mental Health
Court Fees and Access to Justice: A Re-Examination
By Saiesh Kamath Access to Justice Access to justice is a principle which has come to be recognised as a human right in international law.[1] Access to justice is traditionally considered as “access to the formal judicial system for dispute resolution.”[2] In its fundamental sense, ‘access’ is used to denote the right to recourse to … Continue reading Court Fees and Access to Justice: A Re-Examination
Tiptoeing Religious Freedom in India [Part II]
By Astha Upadhyaya and Anant Sangal In the first part of this two-part commentary, we established the infirmities underlying the decision of the Court in Afzal Ansari. We argued that the Court fails to identify the primary concern the petitioner brought before it. In this part, we will argue against the very method the Court … Continue reading Tiptoeing Religious Freedom in India [Part II]
Tiptoeing Religious Freedom in India [Part I]
By Astha Upadhyaya and Anant Sangal This is the first part in the 2-part post titled "Tiptoeing Religious Freedom in India". On 15th May 2020, a two-judge bench of the Allahabad High Court (‘Court’) issued its judgment in Afzal Ansari & Ors. v. State of Uttar Pradesh & Ors.[1] (Civil Misc. Writ Petition PIL No. … Continue reading Tiptoeing Religious Freedom in India [Part I]
Judicial Stereotyping: Times When Lady Justice is Not Blindfolded
By Simran Upadhyay Introduction Recently, the in-house probe panel dismissed sexual harassment allegations instituted against the former chief justice of India, Rajan Gogoi.[1] The Supreme Court, without adequate reasoning, alluded that it did not find any substance in the matter.[2] The judiciary also seemed to have bought into the societal inclination of disbelieving the victim, … Continue reading Judicial Stereotyping: Times When Lady Justice is Not Blindfolded
Need For Data Protection In Modern Sports
By Gunjan Shrivastav and Mansi Gupta Introduction The right to privacy has been declared a fundamental right in India.[1] However, this right is constantly breached[2] in our country where people are always under a threat of constant surveillance by government and private actors.[3] This threat escalates when the person concerned is a public figure or … Continue reading Need For Data Protection In Modern Sports
Minority Rights For The Majority?
By Priyam Mittal Introduction On September 15, 2020, two PILS were filed in the High Courts of Gauhati and Meghalaya, challenging the 1992 Notification that nationally recognised Christians, Sikhs, Buddhists, Muslims and Parsis as minorities,[1] and to which Jains were also added in 2014.[2] The petitioners have requested that minority status be determined at the … Continue reading Minority Rights For The Majority?
The Marginalised of The Marginalised: The Troubles Of The Transgender Community During COVID-19
By Aradhana Parmeshwar and Nimisha Nagpal Introduction India houses approximately 5 lakh transgender people.[1] However, to most in our country they remain just a statistic, excluded from mainstream society. Their skewed portrayal by society and a refusal to accord them equal status with cis-gendered citizens as a result of their non-conformity to the traditional gender … Continue reading The Marginalised of The Marginalised: The Troubles Of The Transgender Community During COVID-19
The Journal of Indian Law and Society 