COVID-19 AND NEGLIGENT SPREADING OF DISEASE – A Crime?

The world is currently grappling with a pandemic. India had also imposed a countrywide lockdown to contain the deadly virus. For ensuring the fulfilment of the objective and sanctity of this measure, all the States too individually imposed the Epidemic Diseases Act, alongside the Indian Penal Code. This was done in order to keep the actions of citizens under check and prevent them from endangering other people’s lives. This article explores the criminality of negligent spreading of the coronavirus and discusses whether the current legal framework in this regard is sufficient or not. Continue reading COVID-19 AND NEGLIGENT SPREADING OF DISEASE – A Crime?

Custodial

TAMIL NADU CUSTODIAL DEATHS: Who Will Guard the Guards Themselves?

In this piece, the authors discuss the incongruity between the profusion of judicial and legislative safeguards against custodial violence and the unpleasant image that various statistics present. Further, the article enunciates upon the intrinsic shortcomings of the prevalent safeguards and finally pitches for the need for standalone legislation on custodial violence. Continue reading TAMIL NADU CUSTODIAL DEATHS: Who Will Guard the Guards Themselves?

De-criminalising dishonour of cheques

Decriminalising Section 138 Of Negotiable Instrument Act: An Economic Solution

The article tries to find whether the move to decriminalize dishonour of cheque is efficacious or not by employing the economic analysis of punishment wherein the authors have tried to gauge the viability of imprisonment and imposition of fines as modes of punishment. Continue reading Decriminalising Section 138 Of Negotiable Instrument Act: An Economic Solution

THE LOCKDOWN DOMINO EFFECT: Resurgent Domestic Abuse and the Search for an Antidote.

-by Ayushi Shukla & Sushmit Mandal Humans have been devastated by a novel coronavirus, and our way of life inexplicably shattered by a microscopic infectious agent considered to be “at the edge of life”. More than one-third of our population is now confined indoors to curb the high transmission rates. Home, usually a safe sanctuary, is also a place where abusers can warp the dynamics … Continue reading THE LOCKDOWN DOMINO EFFECT: Resurgent Domestic Abuse and the Search for an Antidote.

Public View

THE TALE OF ‘PUBLIC VIEW’ AND THE ATROCITIES ACT: A Dalit Critique of Section 3(i)(x)

Why is the uttering of casteist slurs on a mobile call not an atrocity? Why is there a need for ‘independent’ witnesses under Sec. 3(i)(x) of the Atrocities Act?
Caste is that butterfly whose flapping wings have an effect on all kinds of interactions of an individual. With its inhumane, however, very much prevalent functioning, the caste system has been the dark past of Indian history and continues to be the harsh reality of the modern, contemporary, and constitutionally democratic society of India. So much so that it is not rare for laws, rules and regulations to be caste-blind and blatantly insensitive to the Bahujan community in general. One such example of this massive loophole is the requirement of independent witnesses under Section 3(i)(x) of the Atrocities Act. Over the course of this article, the author has analyzed a recent judgement in the case of Pradeep Kumar v. the State of Haryana from a Dalit legal perspective. The article showcases the latent upper-caste bias in the subject provision. Continue reading THE TALE OF ‘PUBLIC VIEW’ AND THE ATROCITIES ACT: A Dalit Critique of Section 3(i)(x)

Social distancing in COVID 19 leading to social distressing

SOCIAL DISTANCING LEADING TO SOCIAL DISTRESSING: Social epidemic within a biological epidemic

by Arshpreet Singh Saluja and Muskaan Jain Introduction Amidst this pandemic due to the practice of social distancing and the lockdown, reports have shown that the crime rates are sharply falling. This is true but not complete. Although the offences such as theft, murder and molestation have decreased, we should not get disillusioned by this moment of transient peace at public places.  Unfortunately, other crimes … Continue reading SOCIAL DISTANCING LEADING TO SOCIAL DISTRESSING: Social epidemic within a biological epidemic

THE STORY OF KASHMIR: Jammu and Kashmir Public Safety Act, 1978

-by Vanya Francis & Anirudh Agrawal Introduction Jammu and Kashmir Public Safety Act (PSA), 1978, often regarded as an arbitrary piece of legislation, encapsulates the entire Jammu and Kashmir region. It finds its roots in the British era when the Defence of India Act 1915[1] was enacted as an emergency criminal law for repressing the nationalist and revolutionary activities during and in the aftermath of … Continue reading THE STORY OF KASHMIR: Jammu and Kashmir Public Safety Act, 1978

THE OUTPOUR OF DOMESTIC VIOLENCE: COVID 19

by Himanshu Tyagi While the whole world is fighting against the coronavirus outbreak, we have forgotten about a deadlier virus, which lurks around in the corridor of every household. As the governments around the globe have enforced a lockdown to mitigate the spread of COVID-19, a horrifying surge in domestic violence has raised the alarm. As per WHO’s health reproduction programme reports, 1 in every … Continue reading THE OUTPOUR OF DOMESTIC VIOLENCE: COVID 19

LEGALITY OF FIRs FILED UNDER SECTION 188 OF IPC DURING LOCKDOWN

-by Ayush Shukla The current global health crisis caused by COVID-19 has shaken the entire world. The ongoing global pandemic has forced the government to take some extraordinary measures in order to limit the spread of the deadly virus. Currently, the country is in lockdown and the central and state governments are trying their best to ensure strict compliance of the lockdown guidelines. Strict legal actions … Continue reading LEGALITY OF FIRs FILED UNDER SECTION 188 OF IPC DURING LOCKDOWN