39A Podcast
The 39A Podcast [Episode 22]: The Supreme Court’s PMLA judgement - Perspectives on the frailties of the PMLA
The widely critiqued Supreme Court decision in Vijay Mandanlal Chaudhary is pending review. In this context, Shri Singh and Maneka Khanna discuss broader issues with the Supreme Court’s judgement and the money laundering law, particularly, the grave implications of a special law devoid of clarity, certainty and workability.
The 39A Podcast [Episode 21]: The Supreme Court’s PMLA judgement - Undermining the right against self-incrimination?
In this episode of the 39A Podcast, Aditya Mehta speaks to Senior Advocate Aabad Ponda about the limits of the recent Supreme Court judgement in addressing an accused’s right against self-incrimination.
The 39A Podcast [Episode 20]: The Supreme Court’s PMLA Judgement - Insights for Defence Lawyers
In light of the recent Supreme Court judgement in Vijay Madanlal Chaudhary, Harsh Srivastava speaks to Arshdeep Singh Khurana about navigating future money-laundering cases from the perspective of a defence lawyer. Mr. Singh represented a number of petitioners in this case, and has an extensive legal practice in the courts of New Delhi, and Punjab and Haryana.
The 39A Podcast [Episode 19]: The Supreme Court's PMLA Judgment - The Paths Not Taken
In light of Supreme Court's recent judgment upholding various provisions of the Prevention of Money Laundering Act, 2002, Shivani Misra of Project 39A speaks to Senior Advocate Aman Lekhi on what the Supreme Court could have done differently while balancing the rights of the individual against the State's power.
The 39A Podcast [Episode 18]: Access to safe abortion in India- A fraught reality
In light of the Supreme Court quashing the Delhi High Court judgement disallowing the termination of pregnancy after 24 weeks; Anupriya Dhonchak speaks to Dr. Aparna Chandra about the undue barriers that hinder access to safe abortion in India.
The 39A Podcast [Episode 17]: Women's Liberation and the Carceral Project
Hrishika Jain and Prof. Aya Gruber discuss the carceral form of feminism's engagement with sexual violence, its implications for victims and feminism's own transformative goals, and the unfulfilled promise of the #MeToo movement as an alternative form of feminist politics.
The 39A Podcast [Episode 16]: Intellectual Disability and the Death Penalty
In this episode of the 39A Podcast, CP Shruthi speaks to Professor Marc Tassé, from the Department of Psychology and Department of Psychiatry and Behavioral Health at The Ohio State University. He is also the Director of the Ohio State Nisonger Center, a University Center for Excellence in Developmental Disabilities.
Professor Tassé's clinical interests include the diagnosis of intellectual disability (ID), the assessment and treatment of problem behaviour and psychiatric disorders in individuals with ID or Autism Spectrum Disorder. In this episode, Shruthi speaks to Prof Tassé about what intellectual disability is, who can diagnose it, the evolution of jurisprudence on Intellectual disability in the US and the challenges associated with presenting Intellectual Disability in court in the Indian context. The podcast may be relevant for Judges, lawyers, mental health professionals and other specialists working on cases involving death sentences or death-eligible offences.
The 39A Podcast [Episode 15]: India’s Sedition Law: the story so far, and what happens now?
In this episode of the 39A Podcast, Adrija Ghosh speaks to Lubhyathi Rangarajan, who is a lawyer and the Editor-Databases, of the Decade of Darkness, Article 14’s sedition database project, which makes data on all sedition cases registered under Section 124A of the IPC, since 2010, publicly available. They talk about the developments in the Supreme Court hearings on the batch of petitions challenging the constitutionality of Section 124A and what it means for the same to be diluted, repealed or struck down.
The 39A Podcast [Episode 14]: Deviant Female Sexuality and Criminal Law in India
In this episode of the P39A Podcast, Adrija Ghosh speaks to Dr. Durba Mitra, author of the book Indian Sex Life: Sexuality and the Colonial Origins of Modern Social Thought (2020). They talk about the idea of 'deviant female sexuality' that became foundational to modern social thought in colonial India, and continues to be used in contemporary India to regulate and control the lives and bodies of women and sexual minorities.
The 39A Podcast [Episode 13]: Facial Recognition Technology in the Criminal Justice System
In this episode of the P39A Podcast, Devina Malaviya speaks to Philip Mayor of American Civil Liberties Union, Michigan about the use of facial recognition technology (FRT) in the criminal justice system. They discuss the fallibility of the technology and how its use impacts the investigation process. They further explore FRT's tendency to give the colour of science to biases present in the system.
The 39A Podcast [Episode 12]: Media Ethics and Crime Reporting
In this episode of the P39A Podcast, Dr. Amrita Ibrahim, Dhanya Rajendran and Hartosh Singh Bal discuss the institutional incentives and assumptions that inform the creation of a media 'crime story'. The conversation explores the lens that the media adopts in reporting crime, and the perspectives it leaves out, and highlights possible paths towards a more sensitised and ethical coverage of criminality.
The 39A Podcast [Episode 11]: Understanding Forensic DNA Profiling in India
What is forensic DNA profiling? Can guilt be proved on the basis of DNA evidence? How is DNA profiling different from DNA databasing? In this episode of 39A podcast, Devina Malaviya is in conversation with Shreya Rastogi, head of forensics and litigation at Project 39A and Devina Sikdar, forensic biologist who is part of the Project 39A forensics research team. They discuss the science behind forensic DNA profiling and its scientific and legal practice in India. The conversation further looks at the DNA Technology (Use & Application) Regulation Bill, 2019 and how the current version of the Bill overlooks the issues with the forensic science system currently functioning in India.
The 39A Podcast [Episode 10]: Impact of the Pandemic on Criminal Law Practitioners
How challenging has it been for criminal law practitioners in terms of effective access to clients and online court proceedings? In this episode of the 39A Podcast, Vibhor Jain is in conversation with Abhishek Dixit, Sahana Manjesh , Seema Mishra and Somnath Vatsa, criminal law practitioners in Lucknow, Mumbai, Delhi and Ahmedabad respectively. They share their experiences on the varied approaches undertaken by each jurisdiction in dealing with the challenges posed by the pandemic and the impact of the transition from physical to online proceedings on access to justice. The conversation unfolds the limitations and gaps of online proceedings causing delay and dilution of legal standards.
The 39A Podcast [Episode 9]: Effects Of Covid-19 On The Prison System
In this episode of The 39A Podcast, Professor Vijay Raghavan and Dr. Anup Surendranath discuss the institutional imagination of prisons in India and the manner in which it has interacted with the COVID-19 pandemic. The conversation looks at whether the measures taken by prisons to control the pandemic were at best management strategies and failed to incorporate ‘right to health’ perspectives.
The 39A Podcast [Episode 8]: Bail under UAPA: Nitya Ramakrishnan in conversation with Trisha Chandran
In this episode of The 39A Dialogues, Senior Advocate and criminal law practitioner Ms. Nitya Ramakrishnan discusses what sets apart the stringent bail provision under the Unlawful Activities Prevention Act , 1967 and makes it almost impossible for an accused to secure bail once charged for offences of ‘terrorist activities’ and ‘terrorist organization’ under the Act. She comments on the decision of the Delhi High Court from June 2021, granting bail to three student activists - Asif Iqbal Tanha, Natasha Narwal and Devangana Kalita while coming to the finding that that their acts of protests against the Citizenship Amendment Act, 2019 did not meet the standard of a ‘terrorist act’ as defined under the UAPA. Ms. Ramakrishnan argues that the decision of the Delhi High Court is logically sound and does not come in conflict with the Supreme Court’s 2019 landmark ruling in Zahoor Ahmad Shah Watali.
The 39A Podcast [Episode 7]: In Conversation with Babloo Loitongbam and Henri Tiphagne on Support to Victims of Torture
In this episode of the 39A Podcast, commemorating the International Day in Support of Victims of Torture, human rights lawyers Babloo Lointongbam (Human Rights Alert, Manipur) and Henri Tiphagne (People's Watch, Tamil Nadu) share their experiences of working, supporting and building relationships with victims of torture. (Reuploaded, originally published on 26 June 2021)
The 39A Podcast [Episode 6]: Discharge in Summons Cases: From K M Mathew to Adalat Prasad and Beyond
In the sixth episode of The 39A Podcast, criminal law expert Siddharth Aggarwal argues that the stage of "discharge" is an integral feature of all criminal trials and cannot be arbitrarily eliminated from summons triable cases. He reminds us of the importance of balancing between rights of the accused and victims, and, points to implicit powers in the Code of Criminal Procedure, 1973 that require judges to apply their judicial minds to ensure that a case has enough substance before proceeding to the next stage in trial. One such power is expressed in Section 251 of the Code which gives judges the discretion to frame notice once an accused appears in a summons triable case. This includes the power to discharge an accused when no grave suspicion arises as to his culpability in any offence as alleged in any private complaint, says Siddharth. While Adalat Prasad v. Rooplal Jindal and Others, (2004) 7 SCC 338 and Subramanium Sethuraman v. State of Maharashtra (2004) 13 SCC 324 are popularly believed to foreclose the power of magistrates to order discharge in summons cases, Siddharth points out that these cases do not determine the law on Section 251 of the Code at all, but relate to a revisiting of an earlier stage in the process. He calls for clarification of the law through an unequivocal recognition of the power of Magistrates to order a discharge under Section 251 of the Code.
The 39A Podcast [Episode 5]: Prof. Probal Chaudhuri on the Dhananjoy Chatterjee case
In this episode of the 39A Podcast, Neetika Vishwanath from Project 39A, National Law University, Delhi talks to Prof. Probal Chaudhuri, Indian Statistical Institute, Calcutta. In this converstaion, we discuss the case of Dhananjoy Chatterjee, who was executed at Alipore Central Correctional Home in 2004. Prof. Chaudhuri along with Prof. Debasis Sengupta re-investigated the case and found significant concerns with the evidence.
In Conversation with Dr. Soumitra Pathare on Mental Health and Criminal Justice [Episode 4]
In this episode of the 39A Podcast, Maitreyi Misra from Project 39A, National Law University, Delhi, interviews Dr. Soumitra Pathare, consultant psychiatrist and Director, Centre for Mental Health Law and Policy, ILS, Pune. In this conversation, we explore the criminal justice system's misconceived approach to issues of mental health and the misconceptions surrounding persons with mental illness implicated in it.
In Conversation with Justice Kurian Joseph on the Death Penalty [Episode 3]
In this episode of the 39A Podcast, Dr. Anup Surendranath from Project 39A, National Law University, Delhi, interviews Justice Kurian Joseph, former judge of the Supreme Court of India between March 2013 and November 2018. In this conversation, we use the last judgment that Justice Joseph delivered as a judge of the Supreme Court to reflect on the administration of the death penalty in India.
Bollywood’s Law and Justice [Episode 2]
In this episode of the 39A Podcast, we interview film critic and journalist, Tanul Thakur who discusses Bollywood’s depiction of law and justice. We discuss the idea of the justice system as represented in mainstream Hindi cinema - what the ‘system’ means to people and who is seen as part of it. We discuss how ‘justice’ plays out in Bollywood. How different is it from legal justice? Finally, we discuss the larger impact of commonly used visual narratives and the contemporary social discourse that it seems to reflect. Also find us on Youtube.
Beggary, Torture, Insanity and Burari [Episode 1]
In the first episode of the 39A Podcast, we interview neuropsychiatrist, Dr. Sanjeev Jain who discusses the concept of shared delusion and insanity in light of the recent mass hangings in Burari. We also discuss recent judgements in the area of torture, insanity and the Delhi High Courts decriminalisation of begging.
Hosted by: Yash S Vijay and Neetika Vishwanath, Project 39A.
Interview of Dr. Sanjeev Jain conducted by Maitreyi Misra, Project 39A.