Examining the Constitutional Safeguards Against ‘Surveillance State’

By B.V.S. Aditya Santosh and Siddhant Tomar INTRODUCTION The Union Ministry of Home Affairs’ terse Statutory Order dated December 20, 2018 (SO) garnered sharp reactions from the political community, cyber security experts and advocates of internet freedom, against what they perceived was an attempt at mass surveillance. The SO cemented the ideology that it provides …

Filter or Dilution: An Analysis of the SC & ST (Prevention of Atrocities) Act, 2018.

By Yogita and Mitali Kshatriya   “Whether a torch which is lighted to dispel the darkness, can be permitted to set on fire the innocent surroundings?”  -Gujarat High Court in Pankaj D. Suthar v State of Gujarat, [1] while analysing the question of grant of Anticipatory Bail in SC/ST (Prevention of Atrocities) Act cases. INTRODUCTION On March …

Deporting Rohingyas: Questioning the Correctness of the Decision

By Raj Krishna INTRODUCTION On 4th of October, 2018, a three judge bench of the Supreme Court of India refused to stop the deportation of seven Rohingya refugees to Myanmar. These men had entered the Indian territory in 2012 without valid documentation. As a result, they were prosecuted under The Foreigners Act, 1946 for illegal …

Executive or Judicial: Decoding ‘Magistrate’ Under S.26 of the Indian Evidence Act

By Anubhav Bijalwan INTRODUCTION Section 26 of the Indian Evidence Act, 1872 [hereinafter “IEA”] read with the scheme of Sections 24, 25 & 27 of the Act creates an embargo on the proof of confessions made by the accused in police custody.[1] In our criminal dispensation system, it is a settled position that such confessions …

When Rape Charges are Dropped: A Victim’s Dilemma and a Rapist’s Escape

By Jennifer Maria Dsilva Background According to the National Crime Records Bureau of India, the crime rate against women is 55.2%.[1] As seen in many judgments, including Mukesh and Another v. State (NTC) of Delhi & Ors.,[2] the rapist was given the death penalty seeing the brutality of the crime. Despite various laws and mechanisms …