DAKSH Podcast

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:

1. K Chandru, What The Sathankulam Custodial Murders Reveal

https://article-14.com/post/what-the-sathankulam-custodial-murders-reveal

1. 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-singham
2. Omkar 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.html
3. Karthik 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.html
4. Rohit 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:

1. Evaluating courts from a Litigant’s Perspective: https://papers.xkdr.org/papers/2023Manivannanetal_evaluatingCourtsFromLitigantPerspectiveReport.pdf
2. Administrative 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:

1. Bulldozers as a symbol: https://time.com/6303571/how-bulldozers-became-a-symbol-of-anti-muslim-sentiment-in-india/
2. Bulldozers and Rule of Law: https://www.youtube.com/watch?v=Cm4uqipWEtA
3. Bulldozers as vehicles of injustice: https://www.bbc.com/news/world-asia-india-61837134
4. Ignorance 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:

1. Explanation of the Tenth Schedule of the Constitution: https://www.thehindu.com/news/national/understanding-the-tenth-schedule-explained/article67746169.ece
2. Effectiveness of the anti-defection law: https://timesofindia.indiatimes.com/blogs/voices/anti-defection-law-doesnt-work-at-crunch-time-it-needs-to-be-scrapped/
3. Anti-defection law in practice: https://prsindia.org/articles-by-prs-team/the-absurdity-of-the-anti-defection-law
4. Gaps in the anti-defection law: https://theleaflet.in/defects-writ-large-in-the-anti-defection-law/
5. Resort politics in India: https://www.bbc.com/news/world-asia-india-61905894
6. Summary 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:

1. 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.ece
2. Need 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:

1. 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.pdf
2. Round-up of the hearings and constitutional issues: https://indconlawphil.wordpress.com/2023/11/22/the-supreme-courts-marriage-equality-judgment-round-up/
3. Delinking personal laws: https://www.scobserver.in/journal/adjudicating-marriage-equality-an-opportunity-lost-or-a-bullet-dodged/
4. 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.
5. Effect on the queer community: https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1046&context=popular-media
6. Court 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

1.     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=cppst
2. Lok 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.html
3. Lok 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-1503419-2019-04-16
4. Mamata 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
5.  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