European Arrest Warrants and The Right to a Fair Trial: The Approach of the CJEU and ECtHR
A highly discussed issue within the EU is whether the extradition of individuals to Poland is permissible under EU Law. In December 2017, the European Commission submitted a reasoned proposal...
The Rule of Law in Poland and the European Arrest Warrant: A Blessing in Disguise?
On 25 July 2018 the Grand Chamber of the Court of Justice of the European Union (“CJEU”) ruled in Minister for Justice and Equality v LM that a judicial authority...
Discipline and Punish: How Anti-Beggary Laws in India are used to Criminalize Transgender Persons
The Delhi High Court in a landmark judgment (Harsh Mander v. Union of India and Karnika Sawney v. Union of India) has held the Bombay Prevention of Begging Act, 1959,...
Section 377: The Essence of Freedom
A country that routinely bans movies that attempt to speak of homosexuality is witnessing a historic discussion on the kind of sex Indians are legally allowed to have. The Supreme...
Indonesia’s New Counter-Terrorism Law and the Government’s Hidden Agenda?
Following the suicide bombings by attackers with links to the Islamic State in May, the Indonesian Parliament has finally approved the long-pending revisions to the counter-terrorism law. While the determination...
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
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
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
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)
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
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 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...
