In this episode, Valay Singh of the India Justice Report (IJR) delves into the critical state of justice capacity in India, highlighting key findings from the India Justice Reports from 2019 and 2022. Access to justice, a fundamental right guaranteed by the Constitution of India, is as essential as health, education, and water for the country's social and economic development. The IJR reveals significant challenges within the Indian justice system, from an overwhelming backlog of pending cases to overcrowding in Indian prisons, where the majority of inmates are undertrials, and the systemic issues across legal, police, judiciary and prisons that hinder effective justice delivery. References: Approaches to Justice in India https://www.dakshindia.org/approaches-to-justice-in-india/Bureau of Police Research and Development (BPR&D) https://bprd.nic.in/India Justice Report https://indiajusticereport.org/National Judicial Data Grid (District and Taluka Courts of India) https://njdg.ecourts.gov.in/njdgnew/index.php CREDITS: Host: Valay Singh  This is a Maed in India production. Producer: Sean D’mello  Sound Design & Mixing:  Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode, we explore the depiction of custodial violence in films with Deepanjana Pal. Deepanjana Pal is a journalist and author. She writes about culture and society. Her film writing has appeared in a range of publications and she was most recently the managing editor of the website Film Companion.  Films about cops in India often sensationalise and normalise police brutality, possibly desensitising audiences to the suffering of real people. In this episode, we critically examined how these films reflect societal attitudes toward power, authority, and justice. We also discussed whether they contribute to meaningful discourse or merely exploit trauma for entertainment.  References: K Chandru, What The Sathankulam Custodial Murders Reveal https://article-14.com/post/what-the-sathankulam-custodial-murders-reveal Kalpana Nair, Five Films that Don’t Glamorise Police Violence https://www.filmcompanion.in/fc-lists/jayaraj-bennix-5-films-that-dont-glamorise-police-violence-visaranai-vetrimaran-sooryavanshi-singhamOmkar Khandekar, Rethinking the angry young cop in Indian cinema https://lifestyle.livemint.com/how-to-lounge/movies-tv/rethinking-the-angry-young-cop-in-indian-cinema-111634476144273.htmlKarthik Kumar, Sathankulam custodial deaths: Singam director Hari regrets making films glorifying police https://www.hindustantimes.com/regional-movies/sathankulam-custodial-deaths-singam-director-hari-regrets-making-films-glorifying-police/story-2NxchO4mslUFz2s68NkW4H.htmlRohit Shetty reacts to claims of glorifying police brutality with his films: ‘Darr hona zaruri hai, okay to get trolled' https://www.hindustantimes.com/entertainment/bollywood/rohit-shetty-reacts-to-claims-of-glorifying-police-brutality-with-his-films-101704964787324.html   CREDITS: Host: Leah Verghese This is a Maed in India production. Producer: Sean D’mello  Sound Design & Mixing:  Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode, Ninni Susan Thomas speaks with Ajay Shah about systemic challenges in the Indian legal system, particularly around case hearings, scheduling, and potential solutions. They question whether the focus on issues like pendency and the number of judges overshadows the correctness of decision-making. Emphasising a first principles perspective, the discussion stresses addressing root causes, rather than symptoms such as high case pendency and delays. Other key areas discussed include timely justice, case resolution predictability, and courts' accountability as service providers. Reducing judges' administrative burdens to improve adjudication efficiency was also highlighted. The conversation explored the potential of IT reforms and AI in judicial processes, advocating for efficiency while cautioning against superficial implementation. References: Evaluating courts from a Litigant’s Perspective: https://papers.xkdr.org/papers/2023Manivannanetal_evaluatingCourtsFromLitigantPerspectiveReport.pdfAdministrative workload management of courts: https://macrofinance.nipfp.org.in/PDF/icts_concept_note-2019.pdf https://www.youtube.com/watch?v=ybvwp9qhJqY CREDITS: Host: Ninni Susan Thomas  This is a Maed in India production. Producer: Sean D’mello  Sound Design & Mixing: Vijay Doiphode Project Supervisor: Shaun Fanthome

In this episode, Ninni Susan Thomas discussed the controversial practice known as Bulldozer Justice in India. What drives the sudden demolitions of homes and businesses across various regions? How does this form of enforcement reflect on the rule of law in the country? Join us as we trace the origins of Bulldozer Justice, examining the role of state machinery in these aggressive actions. We’ll dive into the legal framework surrounding these demolitions, questioning their legality and the often dubious justifications provided. A pattern surrounding these demolitions and instances of where these have been carried out are discussed,  highlighting the communities most affected by these forceful measures. Through this episode, we aim to shed light on the connection between Bulldozer Justice and the broader Rule Of Law in India. Is this practice a necessary step for maintaining public order, or does it signify a troubling drift towards authoritarianism? References: Bulldozers as a symbol: https://time.com/6303571/how-bulldozers-became-a-symbol-of-anti-muslim-sentiment-in-india/Bulldozers and Rule of Law: https://www.youtube.com/watch?v=Cm4uqipWEtABulldozers as vehicles of injustice: https://www.bbc.com/news/world-asia-india-61837134Ignorance of a pattern in demolitions by courts: https://indconlawphil.wordpress.com/2022/07/13/home-demolitions-and-george-orwells-supreme-court/ CREDITS: Host: Ninni Susan Thomas This is a Maed in India production. Producer: Sean D’mello  Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

After the nail-biting election results in India on June 4, 2024, with margins fluctuating dramatically, many contemplated the possibility of defections of elected politicians to other parties. Defections have become such a staple in Indian politics that social media was rife with memes about politicians being sequestered in resorts. Against this backdrop, this episode where Ninni Susan Thomas interviews MR Madhavan would offer some valuable insights. MR Madhavan is the co-founder and President of PRS Legislative Research. PRS was established to deliver high-quality, independent research to legislators, aiming to help them grasp the complexities of various issues and understand the impact of policies through data analysis. After exploring the history of the anti-defection law in India, the discussion in the episode moves to the repercussions of defection, the influence of the anti-defection law on parliamentary democracy, and its impact on legislative debates. The conversation also touches on the roles of the Speaker and the courts during defection crises, and Madhavan shares his perspectives on the future of the anti-defection law.   References: Explanation of the Tenth Schedule of the Constitution: https://www.thehindu.com/news/national/understanding-the-tenth-schedule-explained/article67746169.eceEffectiveness of the anti-defection law: https://timesofindia.indiatimes.com/blogs/voices/anti-defection-law-doesnt-work-at-crunch-time-it-needs-to-be-scrapped/Anti-defection law in practice: https://prsindia.org/articles-by-prs-team/the-absurdity-of-the-anti-defection-lawGaps in the anti-defection law: https://theleaflet.in/defects-writ-large-in-the-anti-defection-law/Resort politics in India: https://www.bbc.com/news/world-asia-india-61905894Summary of Nabam Rebia judgement : https://www.scobserver.in/reports/nabam-rebia-deputy-speaker-arunachal-pradesh-presidents-rule-judgment-in-plain-english/ CREDITS: Host: Ninni Susan Thomas  This is a Maed in India production. Producer: Sean D’mello  Sound Design & Mixing:  Vijay Doiphode Project Supervisor: Shaun Fanthome

In this episode, Ninni Susan Thomas interviews Advocate Vikram Hedge, an Advocate-on-Record at the Supreme Court who practises at courts in Karnataka and Delhi, as well as in other High Courts and Tribunals. The conversation begins by shedding light on the lesser-known aspects of a lawyer's tasks, leading to discussions on common challenges faced by lawyers, litigants, and the public when accessing courts. Issues such as lack of adequate notice before hearings and the uncertainty surrounding court dates are explored. The importance of causelists in addressing these challenges is emphasised, along with suggestions on how they can be improved. Furthermore, the conversation delves into the necessity of listing rules to enhance transparency in the functioning of courts. If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ References: On issues of listing at the Supreme Court: https://www.thehindu.com/news/national/on-the-listing-of-cases-in-the-supreme-court-explained/article67625314.eceNeed for listing practices in courts:: https://www.dakshindia.org/with-a-huge-backlog-of-cases-the-indian-judiciary-should-revisit-the-listing-practices-of-courts/ CREDITS: Host: Ninni Susan Thomas This is a Maed in India production. Producer: Sean D’mello  Sound Design & Mixing:  Vijay Doiphode Project Supervisor: Shaun Fanthome

Our guest for this episode is Justice (retd.) S Muralidhar, former Chief Justice of the High Court of Orissa and former Judge of the Punjab and Haryana High Court and Delhi High Court. In this episode we're diving into a topic that's at the heart of India's legal framework: the rule of law. What ensures that you, me, and every individual we pass on the streets or meet in our workplaces are all bound by the same set of legal rules? That's the rule of law in action. It's the glue that holds our diverse society together, ensuring that justice isn't just a lofty ideal but a tangible reality for every citizen, regardless of their background or influence. If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Rule of Law in India: A Quest for Reason, OUP India, 2018 Rule of law index https://worldjusticeproject.org/rule-of-law-index/   CREDITS: Host: Leah Verghese This is a Maed in India production. Producer: Sean D’mello  Sound Design & Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode, Ninni Susan Thomas speaks to Senior Advocate Raju Ramachandran, a former Additional Solicitor General and who has been involved in influential cases related to constitutional law at the Supreme Court for more than 3 decades. Some  nuances about the Marriage Equality Case which was heard by the Supreme Court where the legal recognition of  same-sex marriages in India was sought for and he represented one of the petitioners were discussed. Other topics of discussion included whether the Supreme Court was the right forum for this adjudication, the impact of the judgement on other constitutional and discrimination cases,  the Supreme Court choosing not to decide on the notice provisions in the Special Marriage Act and his thoughts on the Supreme Court having asked for a decision on the issue to be made by a Committee to be constituted by the Union Government.  References:   Supriyo & Anr. v. Union of India, judgement in the Marriage Equality Case: https://main.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdfRound-up of the hearings and constitutional issues: https://indconlawphil.wordpress.com/2023/11/22/the-supreme-courts-marriage-equality-judgment-round-up/Delinking personal laws: https://www.scobserver.in/journal/adjudicating-marriage-equality-an-opportunity-lost-or-a-bullet-dodged/Effect on fundamental rights: https://www.scobserver.in/journal/marriage-equality-judgement-overlooking-fundamental-rights-justice-bhat-on-marriage-equality/#:~:text=There%20were%20four%20opinions%20among,of%20LGBTQIA%2B%20persons%20to%20marry.Effect on the queer community: https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1046&context=popular-mediaCourt not dealing with the  notice provisions in Special Marriage Act: https://www.livelaw.in/top-stories/same-sex-marriage-supreme-court-special-marriage-act-provisions-notice-objections-228449 CREDITS:Host: Ninni Susan Thomas This is a Maed in India production. Producer: Sean D’mello  Sound Design & Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode of the DAKSH Podcast, Leah Verghese spoke to Apurva Vishwanath about court reporting. The courts are forbidding institutions with complex procedures. Often regular citizens can access the courts only through what is reported through the media. In this episode, Apurva discussed how she became a legal journalist, the challenges with legal reporting in India and live tweeting. If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/   MĀRGA – Media And its Role in Governance and Accountability https://www.dakshindia.org/marga/ Live tweeting from courts puts enormous burden on judges: CJI DY Chandrachud https://www.indiatoday.in/india/story/live-tweeting-from-courts-puts-enormous-burden-on-judges-cji-dy-chandrachud-2348442-2023-03-18   CREDITS: Host: Leah Verghese This is a Maed in India production. Producer: Sean D’mello  Sound Design and Mixing: Vijay Doiphode Project Supervisor: Shaun Fanthome

In this episode, the second in our series on elections, Leah Verghese discusses the Election Commission’s Model Code of Conduct. Learn about what role the Model Code of Conduct plays in the conduct of free and fair elections, the effectiveness of the code and the challenges it faces in an ever-evolving political landscape. Editor’s note: This episode was recorded on the 2nd of April 2024, in the lead up to the general elections.   If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ References     Expecting Model Code of Conduct to kick in, government departments speedrun project approvals https://economictimes.indiatimes.com/news/elections/lok-sabha/india/expecting-model-code-of-conduct-to-kick-in-government-departments-speedrun-project-approvals/articleshow/108538728.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppstLok Sabha elections 2019: ₹3000 crore haul by Election Commission, highest in Lok Sabha polls https://www.hindustantimes.com/lok-sabha-elections/lok-sabha-elections-2019-rs-3000-crore-haul-by-election-commission-highest-in-lok-sabha-polls/story-ugdYhuN5l2MNS2ppYRGWlI.htmlLok Sabha polls cancelled in Tamil Nadu's Vellore after massive cash haul https://www.indiatoday.in/elections/lok-sabha-2019/story/lok-sabha-polls-cancelled-in-vellore-after-massive-cash-haul-1503419-2019-04-16Mamata Banerjee's appeal to Muslims violated model code of conduct, says Election Commission https://www.hindustantimes.com/elections/west-bengal-assembly-election/mamata-banerjee-s-appeal-to-muslims-violated-model-code-of-conduct-says-ec-101617803773352.html Model Code of Conduct for the Guidance of Political Parties and Candidates https://tmp.eci.gov.in/mcc CREDITS: Host: Leah Verghese This is a Maed in India production. Producer: Sean D’mello  Sound Design & Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome Research Assistance: Manushree Sarkar

In this episode, the first in our series on elections, Leah Verghese discusses the Election Commission, the institution that oversees the mammoth task of elections in the world’s largest democracy. Learn more about this significant public institution, its origin, evolution, and the important personalities who shaped its trajectory.If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/References About Election Commission of India https://www.eci.gov.in/about-eciAn Expert Explains: How EC evolved, what rules it follows in case of disagreement https://indianexpress.com/article/explained/an-expert-explains-how-election-commission-evolved-what-rules-it-follows-in-case-of-disagreement-5720029/Anoop Baranwal vs. Union of India WP (CIVIL) NO.104 OF 2015Appointment of CEC, EC | Supreme Court refuses to stay new law; issues notice for hearing in April https://www.thehindu.com/news/national/appointment-of-cec-ec-supreme-court-refuses-to-stay-new-law-issues-notice-for-hearing-in-april/article67733389.eceManjari Katju, Election Commission and Changing Contours of Politics Economic and Political Weekly Vol. 44, No. 16 (Apr. 18 - 24, 2009)Manjari Katju, Election Commission and Functioning of Democracy Economic and Political Weekly , Apr. 29 - May 5, 2006, Vol. 41, No. 17 (Apr. 29 - May 5, 2006)R. P. Bhalla, Electoral Mechanism in India (1951-1971) The Indian Journal of Political Science Vol. 33, No. 1 (JAN-MAR, 1972)S.S. Dhanoa vs. Union of India (1991) 3 SCC 567The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term Of Office) Act, 2023 CREDITS:Host: Leah Verghese This is a Maed in India production. Producer: Sean D’mello  Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome Research Assistance: Manushree Sarkar

This episode is a collaboration with Grand Tamasha, an excellent podcast on the latest developments in Indian politics, economics, foreign policy, society, and culture. Milan Vaishnav, the host of Grand Tamasha, joins us for this bonus episode. On 15 February 2024, the Supreme Court, in a unanimous landmark verdict, struck down the controversial electoral bonds scheme. Given that general elections are just around the corner, Milan discussed how this judgment will impact the financing of political parties in the largest democracy in the world. If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ The DAKSH Podcast https://www.dakshindia.org/the-daksh-podcast/Ajoy Sinha Karpuram, Why did the Supreme Court strike down the Electoral Bonds Scheme? https://indianexpress.com/article/explained/explained-law/supreme-court-electoral-bonds-verdict-9163729/Arun Jaitley, Why Electoral Bonds are Necessary https://pib.gov.in/newsite/PrintRelease.aspx?relid=175452Association for Democratic Reforms & Anr.  Writ Petition (C) No. 880 of 2017 https://main.sci.gov.in/supremecourt/2017/27935/27935_2017_1_1501_50573_Judgement_15-Feb-2024.pdfPart 1: Behind the BJP’s rise and rise, bonds, trusts and raids on corporates https://www.newslaundry.com/2024/02/20/behind-the-bjps-rise-and-rise-bonds-trusts-and-raids-on-corporatesDAKSH Podcast, Crime and Politics (Milan Vaishnav) https:www.dakshindia.org/crime-and-politics/Milan Vaishnav, On electoral bonds, a short-lived celebration https://www.hindustantimes.com/opinion/on-electoral-bonds-a-short-lived-celebration-101708170676086.htmlPress Release: Introduction of the Scheme of Electoral Bond https://www.dea.gov.in/sites/default/files/Electoral%20Bonds_Press%20RELEASE_2-1-2018.pdf

Technological interventions have the ability to enhance access and improve the efficiency of the various processes in the justice system. In this episode, we will discuss how technology can improve the justice system and how we should monitor that improvement. If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ CREDITS: Host: Sandhya PR This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

Our legal system is based on the fundamental principle of open courts. Courts must be “open”, physically and metaphorically, to the public. We, as citizens, should know and understand what courts do for us. In this episode we explore what this principle means and ponder on how it can be used to promote transparency in the court system, right from entering courtrooms as ordinary citizens to considering the live-streaming of court proceedings. If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Host: Anindita Pattanayak This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

The role of the state in reforming religious and social practices is a subject of heated debate in India. This is especially so when such reforms involve claims of women. A recent example is the debate around marital rape. In this episode we go back more than 130 years and examine the reactions to the British government  increasing the age of consent for women from 10 to 12 years and how these led to India’s first sedition trial. Research Assistance: Jiyon Chatterjee  If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Reading list Chitranshul Sinha, The Great Repression India, Viking 2019IshitaPande, "Phulmoni's body: the autopsy, the inquest and the humanitarian narrative on child rape in India." South Asian History and Culture 4.1 (2013): 9-30.Queen-Empress vs Hurree Mohun Mythee (1891) ILR 18 Cal 49 https://indiankanoon.org/doc/1410526/ Host: Leah Verghese This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

As many antiquated laws like Section 377, adultery and sedition are being questioned, do you ever wonder what challenging the constitutionality of a law really means? Have you been confused about what striking down and reading down laws are? In this episode, we break down the meaning of “unconstitutionality” and do a quick explainer of what it means to declare a law unconstitutional.  If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Reading list: https://constitutionnet.org/vl/item/basic-structure-indian-constitution  CREDITS: Host: Anindita Pattanayak This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode of the DAKSH podcast, we spoke to Nick Goodwin, CEO of His Majesty’s Courts and Tribunal Service (HMCTS), UK. HMCTS is a unique institution, a partnership between the judiciary and the parliament. It is responsible for the administration of criminal, civil and family courts and tribunals in England and Wales.  It assists the judiciary in its administrative and management functions. Nick Goodwin has joined us today to talk about the roles and responsibilities of the HMCTS, and its plans.  This episode was recorded on 5 September 2022 If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Reading list: The HMCTS reform programme: https://www.gov.uk/guidance/the-hmcts-reform-programmeHM Courts & Tribunals Service Framework Document https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/384922/hmcts-framework-document-2014.pdfHarish Narasappa and Leah Verghese, Mountain of pendency, The Week 8 February 2020 https://www.theweek.in/theweek/cover/2020/02/07/mountain-of-pendency.htmlJoe Tomlinson, How digital administrative justice is made https://bristoluniversitypressdigital.com/view/book/9781447340331/ch004.xml CREDITS: Host: Surya Prakash B. S. This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode we explore the police powers of search and seizure with Abhinav Sekhri, a criminal lawyer and the author of the wonderful blog Proof of Guilt. During their investigation, law enforcement authorities like the police and customs and tax officials have the power to search our person and property, ranging from homes and godowns to laptops and other electronic devices. They can also seize objects they believe to be incriminating or relevant to their investigation. The exercise of these powers can create very distressing situations for people, especially if they are unaware of their rights. Abhinav helps us understand what the extent of these police powers are and emerging legal developments that may lead to reform.  If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ CREDITS: Host: Anindita Pattanayak This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode, we talk to Manaswini Rao on using rigorous quantitative methods to study courts and the judicial process. Manaswini Rao is an economist and researcher who studies the functioning of the Indian judiciary and how it affects economic productivity and development. She joins us to discuss this emerging field of study and how it can inform policy changes. We emphasise the importance of building a community that can engage with the issues highlighted by such studies and act as advocates for structural judicial reforms. If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Reading list: Manaswini Rao. "Courts Redux: Micro-Evidence from India". 2021. http://manaswinirao.github.io/files/rao_courts.pdfManaswini Rao. "Institutional Factors of Credit Allocation: Examining the Role of Judicial Capacity and Bankruptcy Reforms". 2019. http://manaswinirao.github.io/files/rao_bankruptcy_and_judiciary.pdf  CREDITS: Host: Smita Mutt This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode we speak to Justice Prabha Sridevan who takes us through the various perspectives associated with accessing justice in India. She brings to this conversation her rich understanding of the Indian justice system, informed by her years as a lawyer and a judge. Most importantly, she de-constructs what it means to access justice in India for those who are often sidelined when systems are built, including women and other marginalised sections of the population. This conversation explores the reality of the justice system and makes us think about speaking the language of equality.   If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/   Reading list: Women in Law in India https://www.thehindu.com/opinion/op-ed/removing-cobwebs-from-the-courtroom/article4501561.ece https://www.thehindu.com/opinion/op-ed/judiciary-an-old-boys-club/article8410065.ece CREDITS: Host: Sandhya P R This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome