There has been significant empirical work demonstrating the inefficacy of the death penalty. In its 75th year, the Court must engage with it.
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We require broader social reforms, sustained governance efforts, and stronger criminal justice institutions. The hollow tough-on-crime political agenda is nothing but a distraction.
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The approach to calls for swift justice has been to shorten the time required for investigations and trials without addressing pre-existing problems plaguing the police, forensic labs and the judiciary.
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The administration of the death penalty in India is in crisis, with over 95% of imposed death sentences not surviving appellate scrutiny.
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The institutional readiness for new criminal laws coming into force is a serious cause for concern.
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Forensics as a field comprises different disciplines, but not all of them meet the requisite thresholds of accuracy and precision to qualify as a “science”.
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A persistent issue in the Indian criminal justice system has been the over-incarceration of pre-trial detainees.
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In a penal system where remission is an indispensable opportunity that facilitates reform, exclusionary policies need to be interrogated.
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While justice has been done in this case, difficult questions on state remission policies remain.
Instead of decolonising criminal law, these Bills entrench colonial logic — where the state’s paramount interest is to control the people to the maximum extent.
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The pursuit of accountability should not translate into a demand for convictions at all costs as it risks weakening an already broken criminal justice system.
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Ghulam Mohd Bhat, who has been accused of terror financing under the Unlawful Activities Prevention Act, 1967, was granted bail by a Special Court in Jammu on the condition that Bhat wears a GPS tracker around his anklet.
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The narrative of decolonisation must not be seen in isolation from developments in other areas of criminal law that are pushing us back into colonial ways of lawmaking.
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What role and weight must we assign to environmental factors in engendering and perpetuating conditions that lead to crimes?
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Despite the terror charges being an outcome of the prejudicial and disparate impact of the law, the terror defendants in Suresh’s book are not defined by passivity and victimhood.
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The Bharatiya Nyaya Sanhita, 2023 proposes to criminalise sex which is based on the promise to marry when there was no intention of fulfilling the same.
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What does the stated effort, through the proposed legislation, to overhaul the criminal justice system really achieve — or not achieve?
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Since 2013, India has seen a consistent legislative expansion of the death penalty for sexual offences including the introduction of the death penalty for non-homicidal child rape.
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