ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Criminal Justice SystemSubscribe to Criminal Justice System

Prisons and the COVID-19 Pandemic

The vulnerability of our criminal justice system stands exposed in the second COVID-19 wave.


The Incarceration of Conscience

Arrests represent the current dispensation’s tendency to use coercion over deliberation.


Understanding Open Prisons in India

The reformative theory of justice postulates removing the dangerous degeneracy in a criminal and afford them a chance to make a fresh start and lead an honest life. This ensures fundamental human dignity, a most essential constitutional and human right. The current penitentiary structure’s primary focus on punitive and retributive forms of punishment is ill-suited in safeguarding human dignity. The present jail administration in India is archaic, opaque and rife with abuses at systemic level. There is an urgent imperative for various prison reforms. An understanding is sought to be developed of the open prisons as a peno-correctional institution and their superiority over the more conventional forms of incarceration in ensuring both, the societal objective of penal sentencing and the human rights objective of successful reintegration of the prisoners upon their release.

Police Atrocities and the Quest for Justice

In recent times, we have witnessed an exponential increase in incidence of police atrocities all over the country. Catapulted by the June 2020 case of brutal custodial torture and killings of Jayaraj and Bennix in Thoothukudi, Tamil Nadu, this article examines the issue through human rights and legal perspectives. It discusses the gaps in the law and its implementation, and examines ways of addressing the same.

Impacts of Stereotyping on the Criminal Justice System

Shadows of Doubt: Stereotypes, Crime, and the Pursuit of Justice by Brendan O’Flaherty and Rajiv Sethi, Cambridge: Harvard University Press, 2019; pp xi + 372, $27.95.

Bail and a Life of Dignity

The saga of G N Saibaba's arrest, merely on grounds that he was a member of a banned organisation, and his continued incarceration despite having 90% disability, raises a number of questions about our criminal justice system in general and the treatment of bail applications, in particular.

Undertrial Prisoners in India

Across the world, prisons are increasingly used as instruments of social control. With its huge undertrial population in jails, India is headed in the same direction. Measures like restricting visitors' access to prisons only aggravate the situation.

Framed by Police

The Additional Sessions Judge, Virender Bhat acquitted Moinuddin Dar and six other Kashmiri men on 2 February this year with the judicial fi nding that the men had been framed by Delhi police personnel. The judge has directed that a first information report (FIR) be lodged against four policemen.

Human Rights Literacy

The Law of Human Rights by Richard Clayton and Hugh Tomlinson; Oxford University Press, Volumes 1 and 2, pp 1,670 and 285.

The Law of Human Rights by Richard Clayton and Hugh Tomlinson; First Annual Updating Supplement; Oxford University Press, pp 288, £ 180 for Vols 1 and 2 and
the Supplement; £ 45 for the Supplement for those who bought Vols 1 and 2 last year.

Prisoner’s Rights by Colin Gonsalves, Monika Sakhrani and Annie Fernandes; Vidyullata Pandit, Vidhayak Sansad, Vasai and Human Rights Law Network, Mumbai, pp 968.

International Criminal Court

The International Criminal Court is at the centre of efforts to create a system of justice that can establish accountability for gross violations of human rights. At the heart of the debate is how to lay a proper legal foundation for a process that will make such violations less common in this century than they were in the last one.

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