DAKSH Podcast

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-eci
• An 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 2015
• Appointment 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.ece
• Manjari 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 567
• The 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=175452
• Association 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.pdf
• Part 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-corporates
• DAKSH 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.html
• Press 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 2019
• IshitaPande, "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:

1. The HMCTS reform programme: https://www.gov.uk/guidance/the-hmcts-reform-programme
2. HM Courts & Tribunals Service Framework Document https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/384922/hmcts-framework-document-2014.pdf
3. Harish Narasappa and Leah Verghese, Mountain of pendency, The Week 8 February 2020 https://www.theweek.in/theweek/cover/2020/02/07/mountain-of-pendency.html
4. Joe 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:

1. Manaswini Rao. "Courts Redux: Micro-Evidence from India". 2021. http://manaswinirao.github.io/files/rao_courts.pdf
2. Manaswini 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:

1. Women in Law in India

2. https://www.thehindu.com/opinion/op-ed/removing-cobwebs-from-the-courtroom/article4501561.ece

3. 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