In 1857, the US Supreme Court decided in Dred Scott v. Sandford, that the Constitution of the United States was not meant to include American citizenship for black people, and therefore the rights and privileges it confers upon American citizens could not apply to them. It was wrong proposition but binding on the US citizens […]
Posts with the india tag
Triple Talaq Judgment: A Majority Verdict Without The Support Of Reasons Of Majority Judges – Published in LiveLaw
The majority view of the five-judge bench of the Supreme Court is that triple talaq, pronounced in one sitting coming into effect instantaneously, is “set aside”. Out of these three judges, two (Justice Rohinton F. Nariman and Justice Uday U. Lalit) also held that this form of talaq was violative of fundamental right mentioned in Article 14, […]
A Terror Suspect Cannot Be A Terrorist – Published in The Statesman
Media reporting of criminal investigation and prosecution in the last 15 years has changed manifold. In case the suspect is arrested for terrorist activity and the police have started their investigation, the matter reaches the highest level of sensationalism. This was the case with Wasif Haider of Kanpur, who was arrested in many cases and […]
Due Process and Law Enforcement – Published in The Statesman
The curtailment of civil liberty in the form of detention of a civilian has a long history. In third world countries, like India, police officers and generally the Courts take view that ‘the end justifies the means’. In their eyes, taking unauthorized liberties in stopping, questioning and searching a citizen is commendable police work, if […]
Compensating the Victims of Crime – Published in Millennium Post
Monetary compensation should be given to victims of the criminal justice process In a modern constitutional democracy, the criminal justice process is the responsibility of the government. This process encapsulates everything from the involvement of police to the date of registration of crime till the conclusion of a criminal trial by court. Ordinarily, in the […]