articles by Saurav Datta

India

Uttar Pradesh’s Organised Crime Control Bill gives Yogi Adityanath government a tool for state terror and police excess

The Uttar Pradesh Control of Organised Crime Bill proposed by Yogi Adityanath government contains provisions which flagrantly contravene essential guarantees against the application of criminal law as laid down in the Constitution, and if passed could send the state closer to a reign of lawlessness and terror

India

Busting hegemony of vegetarianism: When allowed, Indians prefer eating meat, many coerced to under-report beef-eating practices

The notion of ‘non-vegetarian’ (which the researchers state is a pejorative used against those who eat meat) and the discourse around vegetarianism, then, reflect the hegemony enjoyed (thus far) by the ‘minority’ vegetarian population.

India

Bar Council of India's restrictions on lawyer-parliamentarians show it is abdicating responsibility, kowtowing to powerful

“Without an independent Bar, it would be futile and fanciful to think about an independent judiciary,” said senior advocate Indira Jaising at a recent public talk on the crisis that India’s topmost judiciary is facing. She went on to trenchantly criticise the Supreme Court Bar Association and the Bar Council of India (BCI) for their hostility towards public-interest lawyers Prashant Bhushan and Dushyant Dave, who have been crusading for judicial independence and accountability.

India

SC ruling to check misuse of SC/ST Act: Judgment reflects court’s ignorance of socio-political reality of caste atrocities

SC, by its 20 March judgment in the Subhash Kashinath Mahajan case aimed to check misuse of SC/ST Act, has compromise rights of marginalised groups.

India

Sohrabuddin Shaikh trial: Bombay HC judgment lifting ban on reporting of case comes as big relief to media

The judgment by Bombay High Court’s Justice Revati Mohite Dere lifting the ban on media reporting of the Sohrabuddin Shaikh trial comes as a big relief.

India

Supreme Court Roster: CJI Dipak Misra arrogating powers to himself is likely to aggravate crisis in apex court

by putting in place a judges' roster — a 'subject-wise' roster shows what type of cases will be listed before benches headed by the 12 senior-most judges of the apex court which is meant to come into effect from 5 February, Misra has ostensibly made an effort to show that he has risen to the challenge, but once one digs deeper, it shows that this is not the case.

India

Important Supreme Court cases must be live-streamed to promote 'open justice' and negate substandard legal reportage

If the court allows live-streaming it would only enhance the "majesty of the law" instead of diminishing it by clinging on to secrecy.

India

CCTVs in Delhi classrooms: Kejriwal government's move sparks concerns about surveillance

Ardent believers in CCTV cameras as the panacea for crime, constantly point at how violent crimes can be prevented if schools are brought under a camera shield.

India

2012 Delhi gangrape verdict: Did Supreme Court rely too much on 'collective conscience'?

It is the first time that the court was dealing with a case where there were four offenders instead of one, where they collectively raped.

India

Leniency for women offenders? Supreme Court ruling raises critical questions about judiciary

The Supreme Court’s ruling, instead of being a progressive one, is rooted in gender stereotypes, and leaves many questions unanswered.

India

Death penalty for rape of minor: Bill proposed in Madhya Pradesh would only aggravate the problem

More often than not, the proponents of the death penalty little realise that their demand for death of child rapists would only exacerbate the problem.

India

Law Commission redefines hate speech: Proposes changes to IPC to protect minorities

The Law Commission of India, in its 267th Report, has come up with a slew of recommendations to curb hate speech in an attempt to safeguard minorities.

India

Anti-Discrimination Bill: India needs comprehensive law to punish prejudice, uplift diversity

In India, the lack of a comprehensive anti-discrimination law has for long stymied efforts at providing effective and adequate redress to the oppressed.

India

Attorney-general’s office: Activist Subhash Chandra Agarwal moves SC to bring it under RTI Act

Should the attorney-general’s office be exempt from mandatory disclosures under the RTI Act?

India

Criminalising chants of azadi: It's not seditious and Naidu's assertions are mangling the law

In that interview, Naidu stated that the Centre was mulling upon bringing slogans for azadi within the ambit of sedition (defined under Section 124 A of the Indian Penal Code) because they create a "divisive mindset" and "were always followed by violence".

India

Hasty trial court rulings spike up death penalty decisions

On 27 May 2015, the Supreme Court of India in the case of Shabnam vs Union of India gave a ruling which would have far reaching consequences in so far as the procedural aspects of awarding the death penalty are concerned.

Politics

UP Election 2017: Delhi HC's ruling on Mukhtar Ansari could help put an end to 'gundaraj'

A Delhi High Court ruling on Mukhtar Ansari has the potential to dent the power structures of criminals in UP & clean the electoral process to a good extent

Entertainment

Lipstick Under My Burkha row: We need to strike at the very heart of film censorship in India

That Lipstick Under My Burkha is a film with women’s aspirations for freedom at the centre of the theme seems to have met with the censors’ disapproval.

India

Indian judiciary needs to introspect on how it treats victims of sexual abuse

In child sexual abuse cases, the majority of complainants have to undergo the distressing experience of having their evidence torn apart by the shards of disbelief.