Saturday, January 16, 2021

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Marriage, Morals, and the Constitution: Joseph Shine v. Union of India – Part I/II

The judgment of the Supreme Court in Joseph Shine v. Union of India striking down Section 497 of the Indian Penal Code and Section 198(2) of the Code of Criminal Procedure is monumental for reasons more than one. Rarely has the Court, in its institutional history, struck down a definitional provision of the Penal Code.

The Politics of the Voice Vote: Why the 2018 Trafficking Bill is cause for Worry – Part III/III

In this third, and final, part to the series on the Anti-Trafficking Bill, 2018, I address three concerns. The first, a critique of the ‘raid, rescue and rehabilitate’ model used by the Bill. The second, I discuss the ignorance of the Bill towards the rights of and impact on the victims of trafficking. Finally, I discuss the improper way in which the Bill was passed in the Lok Sabha.

The Politics of the Voice Vote: Why the 2018 Trafficking Bill is cause for Worry – Part II/III

In this second part of the series on the Anti-Trafficking Bill, 2018, I shall deal exclusively with how the Bill departs from the core principles of Criminal Law and falls short of providing safeguards. The Bill introduces numerous other offences (Sections 33 to 45) and relies heavily on criminal law. However, it does so without many of the substantive and procedural safeguards that are integral to criminal law systems around the world,

The Politics of the Voice Vote: Why the 2018 Trafficking Bill is cause for Worry – Part I/III

The political economy of Indian criminal law is fast changing. Even as Section 377 of the IPC on sodomy and Section 497 on adultery have been read down to further the equality of LGBT persons and women, new forms of carcerality that threaten to marginalise the most vulnerable groups of society take shape.