DAKSH Podcast

Maed in India

Welcome to the DAKSH podcast. DAKSH is a Bangalore-based non-profit dedicated to judicial reforms and access to justice in India. Through this series, we will critically examine India’s laws, judicial administration, the prison system, family law and other topics that we hope will help you understand our public institutions and your rights. Join us every Tuesday, as we discuss and decode this system. read less
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Episodes

Police Violence in Films
01-07-2024
Police Violence in Films
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
Bulldozer Justice
17-06-2024
Bulldozer Justice
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
Switching Sides: The Intricacies of Anti-Defection in Politics
10-06-2024
Switching Sides: The Intricacies of Anti-Defection in Politics
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
Marriage Equality Case
13-05-2024
Marriage Equality Case
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
The Model Code of Conduct
29-04-2024
The Model Code of Conduct
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
Election Commission
22-04-2024
Election Commission
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
The End of the Electoral Bond Era
28-02-2024
The End of the Electoral Bond Era
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