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Voting Rights for Prisoners Pending Trial The Supreme Court recently decided to consider a petition challenging an election law clause that puts a blanket ban on voters who are awaiting trial, are housed in civil prisons and are serving jail sentences. What Consequences Follow from This? Disenfranchises a Significant Part of the Population According to the most recent National Crime Reports Bureau (NCRB) data from 2021, 5,54,034 convicts were housed in different jails across the nation as of December 31st. At the end of 2021, there were 1,22,852, 4,27,165, and 3,470 reported detenues, undertrial detainees, and convicts, representing 22,2%, 77.1%,…
03 November, 2022
Judicial Activism
Judicial overreach-on OTT Rules Introduction Allahabad High Court denied Aparna Purohit, India Commercial Head of the content streaming platform, the relief with a sweeping declaration that some offending scenes on a new series, constituted punishable offences. Overreach of ‘soft-touch monitoring’ The Court went through the recently notified rules for digital media and intermediaries and observed that these lacked teeth. It is quite unusual that a constitutional court should push for more stringent rules after finding that the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021, did not provide for punishment and fine. Courts generally examine the…
08 March, 2021
Judicial Activism
Judicial Activism, Equality and Liberty One of the oldest, most pernicious and widespread forms of abuse of state power in India involves the police and enforcement agencies selectively targeting political and ideological opponents of the ruling dispensation to interrogate, humiliate, harass, arrest, torture and imprison them, ostensibly on grounds unrelated to their ideology or politics, while sparing comparably placed supporters and friends of rulers of the day. As a recent example, the November 27, 2020 Supreme Court judgment granting TV anchor Arnab Goswami bail says, not without considerable irony because of the personality involved, “The specific case of the appellant…
22 January, 2021
Judicial Activism
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