One key tenet of liberal democracy is the fourth pillar of the Indian Constitution. Because of its emerging function as the ‘public watchdog,’ it monitors the running of the nation by exposing checks and balances thus contributing to a healthy democracy. A free, objective, skilled media is an indispensable element of any democratic society. Mass media has played and continues to play a very important role in the socio-political lives of its citizens. The Inter-American Court of Human Rights succinctly states a principle that is now universally acknowledged in international law: the exercise of freedom of expression in a democracy has little meaning if it can only be exercised on an individual level. Freedom of expression is not only about what you are allowed to tell your neighbor -
Studying abroad is an illuminating experience, having invested 5years of quality education in London with an ambition to pursue a promising career in the United Nations, I signed up for a program at United Nations Interregional Crime and Justice Research Institute in Italy. Since the Covid-19 outbreak, my dreams turned out to be the nastiest nightmare! Multitudes were (some still are) mentally drained, devastated, disheartened, and panicking and I was not an exception. In the initial phase of this pandemic, many lived in acute anxiety and the anxiety was more of a killer than the unseen virus itself. A new layer of uncertainty for a significant number of international students arose globally after the Covid-19 outbreak. Tutors and students were not used to the online environment
The Italian law on immigration required that a Non-European planning to stay in Italy for more than 3 months are bound to apply for Residence Permit within 8 days of arrival in Italy. I am evidence to the efficient service rendered by the Immigration Officers at Turin on 8th September 2020. Despite the pandemic crisis, I ventured into sheer brilliance of the Immigration Department, tirelessly serving humanity. My appointment at the Questura for was initially scheduled in May, 2020 due to the pandemic, it was rescheduled to August 2020. Owing to some unforeseen circumstances, the Immigration Officers were kind enough to re-schedule my appointment to September 2020. At first sight, I noticed paramount level of professionalism in maintaining a conducive environment even outside the p...
The Hydrabad horror has ended with an early morning encounter demonetizing rapists and revived the debate on women's safety in India. A 27-year-old Veterinarian went missing in Shamshabad, Hyderabad, 4 alleged accused spotted the young lady who parked her scooter near a toll plaza. The alleged accused trapped her, raped her and took the lady’s body to an under-construction bridge smothered and combusted her. The police later found a charred body near Shadnagar and confirmed that the body was of the missing Hyderabad Veterinarian. The accused namely Mohammed Arif, Chintakunta Chennakeshavulu, (lorry drivers), Jollu Shiva and Jollu Naveen, (lorry cleaners) were arrested and were charged under Section 302 (murder), Section 375 (rape) and Section 362 (abduction) of the Indi
In the words of late legend Justice V.R. Krishna Iyer, ‘reorganization of the worth of infants born and unborn, is the beginning of Juvenile Justice.’ Children are one of the most important chattels to each nation. The definition of the term ‘child’ is in absentia in the Indian Constitution. The United Nations Convention on the Rights of Child 1989, the Indian Majority Act 1875, the Child Labour (Prohibition and Regulation) Act 1986, the Child Marriage Restraint Act 1926, and Juvenile Justice (Care and Protection) Act 2000, defines the term 'child' and guarantees holistic development on child welfare, striving to protect right to; birth, education, early childhood, enjoyment, development, health, leisure, name, nationality, nutrition, recreation etc., on priority, yet in the present ti
A fascination of the 1990s led P.Rajagopal - a wealthy founder of Saravana Bhavan hotel chain, to marry a young married woman, Jeevajothy wife of Santhakumar and daughter of his own employee; abducted and murdered Santhakumar in 2001 due to his intense obsession over Jeevajothy and astrology became victim[s] of astrology. Subsequently, Rajagopal charged with penal Sections 302, 364 and 201 was found guilty for abduction and murder - was sentenced to 10 years of rigorous imprisonment by the Sessions Court 2004. On appeal against his sentence the Madras High Court sentenced Rajagopal to life imprisonment in 2009. Nevertheless, intransigence Rajagopal appealed - in 2019 the Supreme Court duly upheld the life imprisonment and directed him to surrender. Unconventionally Rajagopal ...
Rape is an inexcusable crime committed overwhelmingly by males against females. Especially in the recent past, older males rape vulnerable young children who become victims of this heinous offense and this is becoming a very serious concern in this nation at large. Surveys of the National Sexual Violence Resource Centre show that a majority of rapes are unplanned which in fact disproves the theory that therapists are usually ‘provoked’ by the flimsy clothing worn by the victim. More often than not, rapists usually tend to ascertain their power of dominance by overpowering physical urge on innocent vulnerable victims. One begins to ponder the reason as to why there is an increase in the number of rapes across this nation, especially child rapes: 1. Psychologists suggest that rapist
The Constitutional Bench issued directions to High Courts in every State to set up an ‘independent body’ for recommending suitable candidates in the appointment of High Court Judges and also for consideration of elevation of a High Court Judge to the Apex Court. Although the prescribed direction is not complied with, yet strangely appointments of High Court Judges and Supreme Court Judges are being made left, right and centre! The moor question lingering in the minds of all conscience oriented people is ‘whether the appointment[s] made in contravention to the above judgement of the Apex Court is valid? Candidly it amounts to violation of the judgement which consequently warrants action under the Contempt of Courts Act, hitherto no action whatsoever is imitated so far’! Article 217 of
The Ordinance passed on child rapists today aims at protecting girl child by laying down ‘new laws’ with deterrent punishments such as: ‘in case of rape of a girl under 16 years, minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which shall mean imprisonment till that person’s natural life. In case of rape of a girl under 12 years, the minimum punishment is that of 20 years imprisonment, which can be increased to imprisonment for life or the death penalty.’ Some may claim, commemorate and celebrate that a new and a huge step has been taken for safety of our daughters, sisters, and mothers etc., but the ugly truth is, this new law is a barren, vain and above all a close imitation of an existing collapsing measure taken in al
Alternative dispute resolution (ADR) ‘is a new graft, like a new heart or a new kidney.’ In the words of the living legend Justice V.R.Krishna Iyer it is ‘justice beyond the pale of judicial jurisdiction.’ However, the traditional attitude of Courts towards ADR has always been paternalistic since ADR was not ingrained in the legal system. Although ADR aims to resolve disputes between disagreeing parties without litigation in an informal trial, wherein an impartial third party settles the dispute, substantive law is engendered intensely within the legal system and too much emphasis is given to ‘lawyering.’ However, arbitration a limb to ADR is a fairly simple process by which a dispute[s] or difference[s] between two or more parties as to their mutual legal rights and liabilities is ref