Criminal Justice and Fair Trial

Indian Supreme Court Waters Down Legislation Protecting Scheduled Castes and Tribes from Unlawful Discrimination

Indian Supreme Court Waters Down Legislation Protecting Scheduled Castes and Tribes from Unlawful Discrimination

On 20 March, a Two-Judge bench of the Indian Supreme Court diluted the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Act) citing the ‘rampant...
Understanding the Indian Supreme Court Judgment on The Atrocities Act, Against Backward Classes

Understanding the Indian Supreme Court Judgment on The Atrocities Act, Against Backward Classes

The Supreme Court of India recently rendered a historic judgment relating to the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Act). The Court in the case of...
The Union Government of India Introduces the Death Penalty for Child Rape

The Union Government of India Introduces the Death Penalty for Child Rape

When news broke out two weeks ago of the horrors committed in the brutal rape of two girls in the small towns of Kathua and Unnao, all legislative consideration of...
Ms X v Mahmood Farooqi: A Dangerous Precedent for Interpreting Consent in Rape Cases in India

Ms X v Mahmood Farooqi: A Dangerous Precedent for Interpreting Consent in Rape Cases in India

In a recent case before the Indian Supreme Court, Ms X v Mahmood Farooqi, the court refused to overturn a Delhi High Court decision which set a dangerous precedent that...
A Theatre of Death: Challenging the Death Penalty in India (with Anup Surendranath)

A Theatre of Death: Challenging the Death Penalty in India (with Anup Surendranath)

The death penalty was written into the colonial penal code in India when the country was under British direct rule, and it stayed on the books after independence. Today India...
First Criminal Conviction under Belgium’s Anti-Sexism Act

First Criminal Conviction under Belgium’s Anti-Sexism Act

A man who made sexist remarks to a female police officer was sentenced to pay a €3,000 fine and became the first person to be convicted under Belgium’s 2014 Anti-Sexism...
The Hidden Cost of the Death Penalty in India

The Hidden Cost of the Death Penalty in India

The death penalty needs to have significant social benefits, not attainable with the next most severe form of punishment, life imprisonment, for it to be justified. Existing arguments already show...
International Law, Right to Privacy and Marital Rape in India

International Law, Right to Privacy and Marital Rape in India

In an order dated 6/11/2017, the High Court of Gujarat described marital rape as “a disgraceful offence that has scarred the trust and confidence in the institution of marriage”, proposing...
Criminal Justice and the Death Penalty in India: An Opinion Study with 60 Former Supreme Court Judges

Criminal Justice and the Death Penalty in India: An Opinion Study with 60 Former Supreme Court Judges

The Centre on the Death Penalty at National Law University, Delhi conducted an opinion study with 60 former Indian Supreme Court judges to understand their perspectives on India’s criminal justice...
Addressing Gender Violence: The Urgent Need for Introspection by the ICC

Addressing Gender Violence: The Urgent Need for Introspection by the ICC

The International Criminal Court (ICC) will celebrate its twentieth anniversary in 2018. While this torchbearer of hope has done much good, it has not quite fully achieved in addressing crimes...
Haralambous: The Supreme Court, Closed Proceedings and the Common Law, Round Three

Haralambous: The Supreme Court, Closed Proceedings and the Common Law, Round Three

The right to a fair trial is undoubtedly one of the most sacrosanct rights in most modern legal systems, and is manifested in one of the most important articles in...
The Philippines’ War on Drugs

The Philippines’ War on Drugs

When Rodrigo Duterte took to office as President of the Philippines on June 30 2016, he sought to fulfil, among his many other deadly campaign promises, his promise to cleanse...

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