Dec 2022

CAN JUSTICE "DOGLAPAN" WRITER &
BE EMBELLISHED?
POCSO ACT BHARATPE'S NEMESIS
Legal
THE
Observer
VOL 01 | ISSUE 04 DECEMBER 2022
PRISONERS' WOES
PREZ VOWS
President Droupadi Murmu's sincere comments add a fresh perspective to the
ongoing discussion about the condition of prisons and inmates. The inadequate
justice delivery system is being directly blamed for overcrowding in jails
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CONTENT
36-38 56-62
INTERVIEW POCSO ACT
16-27
Somesh Goyal STILL MILES TO
Ex- DG Prisons
Himachal
46-54 GO…
Pradesh
COVER STORY IN FOCUS
Prez Echoes THE "DOGLAPAN"
Plight Of Poor WRITER,
Jail Inmates BHARATPE'S
NEMESIS
VOL 01 | ISSUE 04 | DECEMBER 2022 | 500/-
Manoj Rastogi COLUMNIST BOARD OF ADVISORS

Editor Adv. B.K Pal Iqbal Ahmed Ansari
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Navank Shekhar Mishra Adv. Utpola Borgohain HR
(Legal Associate) Adv. Neha Warrier Shalinee Rai
SHORT TAKES 6-9
NJAC 15
Bill introduced in Rajya Sabha
VIEW POINT 30-35

Protecting Prisoners' Rights
LEGAL TECH 39-45

At The Cusp Of A Paradigm Shift
FRANK SPEAK 63
Justice Govind Mathur
QUOTE - UNQUOTE 64-67
EVENT 68-71
OFF-THE-CUFF 72
10-13
When Law Failed To Hang Murder...
INTERVIEW
K. K. Manan
Senior Advocate
14
UPADTES
Justice Dipankar
Datta
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EDITOR'S NOTE
PREZ DROUPADI MURMU'S

SOULFUL EXPRESSIONS!
"My election is proof that the poor in India The way she described the common man's
can dream and make them come true. I will plight, agony, and pain, the pain of common
focus on the welfare of the marginalised." prisoners, how they spend years and years
T
in jail and don't want to come out, or how
he country's first citizen Droupadi their relatives can't or don't want to get them
Murmu used these words to express released because they don't have enough
her feelings for the last person on the money. So those words meant a lot.
fringe of society after taking the oath of The president is supposed to deliver a
gubernatorial office. speech prepared by the government. However,
And her vows, her thoughts and her Droupadi Murmuji has demonstrated that
commitment to the poor was once again when empathy, compassion, and the ability
echoed last month at a function that was and courage to express the harsh truth
attended among others by the Chief Justice confront a noble soul like hers, all barriers are
of India and the Law Minister. removed and the wisdom of the words reigns
But what moved everyone during her supreme.
9-minute speech was that it was an extempore What the President wanted to communicate
reverberation of her feelings for the poor, with was well received by the stakeholders on the
nothing cosmetic but every word coming dais and the masses listening to her, and that
straight from the core of the heart and is successful enough for a suave, soft, and
powerful enough to go well with the audience. impressive personality like our first citizen.
When feelings emerge, language does not When the voices are raised from the top,
stand in the way of expressing them. And it they reach well down to the ground, as this
was from the shadows that we saw a new event indeed proved. Murmuji's forthrightness
Droupadi emerge. She expressed herself in appears to herald a new dawn, a new
the language of the masses, Hindi, in order beginning in the world's largest democracy.
to convey the message loud and clear to all
those for whom she had stepped out on the
occasion.
(Manoj Rastogi)
TITLE TITLE
www.thelegalobserver.com | DEC 2022 5

short takes
SC IMPOSES RS 1
LAKH FINE ON
TAMIL NADU GOVT
The Tamil Nadu government was
fined one lakh rupees by the
ACTRESS NORA FATEHI SUES Supreme Court for appealing the
High Court's decision to grant a
JACQUELINE FERNANDEZ pension to a sweeper. A bench of
Justices Dinesh Maheshwari and
FOR DEFAMATION Hrishikesh Roy stated unequivocally
that the costs can be recovered from
those responsible for dragging the
In connection with the investigation of a 200-crore extortion
case without justification. The State
case, Bollywood actress Nora Fatehi has filed a defamation
had petitioned the Supreme Court to
suit in a Delhi court against fellow actor Jacqueline Fernandez
overturn a Madras High Court division
and some media organisations. “It has become clear that the
bench's 2020 order upholding the
aforementioned rivals, unable to compete fairly in the industry
respondent's pensionary benefits.
with her, have begun to try and tarnish her reputation, resulting
The ad hoc employee-sweeper in
in her loss of work," Fatehi stated in the suit. Fatehi claimed
question began working in 1992,
in her suit that she has been harmed by defamatory remarks
was regularised in 2002, and retired
made by the accused against her. She said that Jacqueline made
in 2012. He went to the High Court
the defamatory remarks, which were then carried forward and
after his pension claim for the period
circulated by the other accused individuals, all of whom were
covering half of his tenure prior to
acting in collusion with one another.
BY MANMEET SINGH regularisation was denied.
MAN SPEAKING ON
EARPHONE ACQUITTED FOR
STALKING WOMAN
A Mumbai court acquitted a 32-year-old man accused of stalking
a software engineer girl, stating that it is "extremely difficult
to follow somebody who is walking on the sidewalk during
busy morning office hours." Yashshree Marulkar, Metropolitan
Magistrate at Mumbai's 28th Court Esplanade, stated: While the
woman claimed the accused approached her and said "good
morning," the defence claimed he could have been talking on his
cellphone via Bluetooth. The current case is nothing more than
the result of the informant's misinterpretation that the accused is
stalking her, despite the fact that he was performing his regular,
natural act, and such misunderstanding is entirely possible.
Bluetooth devices are now used by people who use cell phones.
6 DEC 2022 | www.thelegalobserver.com

UK COURT DENIES NIRAV
MODI'S APPEAL AGAINST
EXTRADITION
SC GRANTS BAIL TO GODHRA
Nirav Modi, the fugitive diamond merchant
wanted in India on fraud and money laundering TRAIN BURNING ACCUSED
charges, was denied permission to appeal to Farook, one of the convicts in the Godhara train
the UK Supreme Court. It is another setback in burning incident, was granted bail by a bench
his legal battle against extradition. Last month, of Chief Justice D.Y. Chandrachud and Justice
the same two-judge High Court bench ruled Pamidighantam Sri Narasimha. Farook has been
that the 51-year-old diamantaire's risk of suicide imprisoned for 17 years, and his appeal against
is not such that extraditing him to India to face his conviction is pending in the Supreme Court,
charges in the estimated USD 2 billion Punjab according to the SC bench. Farook was sentenced
National Bank (PNB) loan scam case would be to life in prison for his role in pelting stones at the
unjust or oppressive. Meanwhile, Modi has been Sabarmati Express station in Godhra on February
detained at Wandsworth Prison in London 27, 2002, to prevent passengers from fleeing the
since his arrest in March 2019 on an extradition burning S-6 coach, which killed 59 Kar Sevaks.
warrant. BY VANSHIKA JAISWAL BY ADV. UTPOLA BORGOHAIN
MARRIED WOMAN CAN’T Recently, the Jharkhand HC ruled that married

woman cannot be allured for rape on false
BE ALLURED FOR RAPE ON promise to marry. The issue for consideration
before a bench of Jharkhand High Court was:
FALSE PROMISE TO MARRY: When two adults establish a relationship, whether
section 376(2) (IPC) can be attracted or not,
JHARKHAND HC especially if the informant is a married woman.
The bench noted that the victim, a married
woman, voluntarily had sex with the petitioner
despite knowing that she could not marry the
petitioner because she was married. Even if the
petitioner made a promise for marriage knowing
that she is a married woman and that marriage
will not take place, and despite the fact that she
has established a relationship with the petitioner,
that promise is illegal and cannot be used to
prosecute him under section 376(2) of the IPC.
BY AHIR MITRA

short takes
INDONESIA AMENDS
CRIMINAL CODE: MAKES PRE- US COURT DISMISSES
MARITAL AND POST-MARITAL CASE AGAINST SAUDI
SEXUAL ACTS ILLEGAL CROWN PRINCE
Indonesia has passed a contentious new criminal A US judge dismissed a lawsuit filed against
code that includes provisions prohibiting premarital Saudi Crown Prince Mohammed bin Salman.
sex and cohabitation, which critics say will erode A suit was filed in connection with the alleged
the Southeast Asian country's freedoms. The new murder of journalist Jamal Khashoggi. The
laws apply to both Indonesians and foreigners and judge agreed with the US government that
reinstate a ban on insulting the president, state Prince Mohammed has immunity as a foreign
institutions, or Pancasila, Indonesia's national head of state. He did, however, rule that he
ideology. Alcohol and gambling are banned under lacked the authority to reject the official
Islamic law in parts of Indonesia. Public floggings position of the US government. Saudi journalist
are also used to punish a variety of offences, Jamal Khashoggi was murdered by a team of
including homosexuality and adultery. Saudi agents at the Saudi consulate in Istanbul
on October 1, 2018
BY VANSHIKA JAISWAL BY AHIR MITRA
TWITTER DROPS
LAW FIRM IN CHILD
EXPLOITATION CASE
Twitter Inc. dropped a law firm that CEO Elon
Musk disparaged before buying the social media
company. Cooley, a Silicon Valley-based law firm,
was defending Twitter against allegations that it
promoted material depicting child sexual abuse on
its platform, which the company denied. A mother
and her son filed the lawsuit last year, alleging that
Twitter failed to remove sexually explicit images
of the son while he was a minor. Musk has stated
that he wants to combat child porn on the site and
has criticised Twitter's previous handling of such
content.
BY MANMEET SINGH

LAW BANS TOBACCO
SALES IN NEW ZEALAND
FOR NEXT GENERATION
New Zealand's Parliament has passed a historic
anti-smoking bill, prohibiting the sale of tobacco to
anyone born on or after January 1, 2009. The ban
is intended to discourage future generations from
smoking and is part of a larger government effort
to make the country "smoke-free" by 2025. The
new law will also reduce the number of tobacco
retailers licenced from 6,000 to 600 by the end of
CAN THE HIGH COURT 2023. Violations of the new law carry fines of up to
$96,000. Smoking rates in New Zealand, which are
ISSUE A NOTICE TO THE already among the lowest in the world, have fallen
from 9.4% to 8% in the last year.
GOVERNOR OF THE STATE? BY ADV. PRAKASH YADAV
The Madras High Court has reserved its decision

on the maintainability of a petition alleging that
Tamil Nadu (TN) Governor RN Ravi holds an "office
of profit" while chairing the Auroville Foundation's
Governing Board. The Court will have to consider
"how it can issue a notice to a serving Governor
of a state," said a bench of Acting Chief Justice T
Raja and Justice Bharatha Chakravarthy, given
that Article 361 of the Indian Constitution states
unequivocally that the President of India and the
Governor of a state are not answerable to any Court
for any act done in discharge of their official duties.
BY ADV. NEHA WARRIER
FIRST DEATH SENTENCE

IN PROTEST-LINKED
CASES IN IRAN
A court in Tehran has sentenced the first person
to death and several others to prison terms in
Iran's ongoing protests. The Iranian judiciary said
that an unnamed individual has been sentenced
to execution for "setting fire to a government
centre, disturbing public order, and collusion for
committing crimes against national security" in
addition to "moharebeh" (waging war against God)
and "corruption on Earth." Five more unnamed
individuals were sentenced to five to ten years
in prison on national security-related charges.
The judiciary stated that the sentences were
preliminary and would require confirmation by an
appeals court. n

INTERVIEW
K. K. MANAN
SENIOR ADVOCATE
I didn't get an offer to

be a judge, but I really
wanted to be one
Senior Advocate K. K. Manan has many Well, money is a secondary thing but yes, it
firsts to his name in his three-decade-long really persuaded me to take criminal law as
career. Maintaining professional ethics in my specialisation.
a profession like the law has always been
like walking on a double-edged sword. But
Who were your mentors?
I was fortunate to have a senior who was at the
Mr. Manan has maintained balance on this
pinnacle of his career at the time, Advocate
count throughout his career and has always
Baldev Saheb Mehta ji, a well-known lawyer
delivered to the best of his clients’ satisfaction.
in Patiala House Court. This was a watershed
In an interview with Khurram Nizami, he
moment in my life. I was fortunate to have
shares his views on different aspects of the
such a wonderful senior.
profession and his experiences with it.
EXCERPTS: Do you think seniors are as protective,

educational, and supportive of their
First and foremost, everyone wants juniors in today's world as they were
to know why you chose law as a when you were growing up? What do
profession. you think?
By the 10th grade, I was certain that I wanted You should ask my juniors about this question.
to pursue a legal career and become a lawyer. Over 600 juniors have trained under me. Many
The reason is that we used to read essays of them are now judges, and 1-2 juniors are
about Nehru Ji, Mahatma Gandhi Ji, and on their way to becoming judges. I've never
Sardar Patel Ji in school. They encouraged me treated my juniors like they were juniors; I'm
to pursue a career as a lawyer. their senior, and they should respect me. I
usually hand them the cases and tell them
So, why did you decide to specialise in to deal with them on their own. I've always
criminal law? treated them fairly and with dignity.
During my law school days, I got an opportunity
to visit Delhi 3-4 times. During my visit, I was There was a time when you were offered
able to witness Sanjay Gandhi's lawyers argue the chance to become a Law Minister
the case in court, which piqued my interest. It or High Court Judge. What was that
made me realise that if I pursue my career in offer and what did you prefer?
criminal law there's a lot of fame and money. I did not receive an offer to be a judge, but I

LAWYERS TALK
did want to be one. You may recall an incident
Q&A
in which a Bhartiya Janata Party Member
of Parliament wrote two derogatory and
defamatory books about then Prime Minister
Deve Gowda ji. At the time, Mr. Deve Gowda
ji appointed me as the special prosecutor in
his case. It was the first time a sitting prime
minister had filed a defamation case, and I What was your first
was special prosecutor in the case.
Yes, absolutely. I requested Deve Gowda
case, and how did you
ji that if he want to make me something feel when you appeared
then I’d want to become a judge. But by the before the bench?
time my name matured and the discussion
took place, before he could recommend my My first independent case was heard
name, the government changed. Even after in the Delhi High Court in 1981, before
that, in the year 2000, I won’t take the name Justice J. D. Jain Saheb. The case
of the person, he was from the Bharatiya was about extortion of money by
Janta Party and unfortunately, he is no more, a Haryana boy from a person near
offered me if I want to be a judge, which I Pragati Maidan. When I appeared
refused. Even though I had previously been before the justice, no matter what
in politics, I had always wanted to be a judge.
I said, the justice would always say,
I've served as president of my college and as
"Then what?" "Then what?" "This
general secretary of my university. I have also
is my first appearance before you,
served as secretary of the Patiala House Bar
my lordship," I told him, to which he
Council three times, president four times,
and chairman three times. So I'm no longer replied, "Alright Noticed." Previously,
interested in politics. the next date of hearing was usually
short. So I got the next hearing date,
And why is this so? which was in 3-4 days, and when
After all, there is a time for everything. I I showed up, Senior Advocate CT
calculated how far I would need to go to
Saheb was there with his son, Senior
become a High Court Judge. It is difficult to
Advocate Sandeep Sethi, who was
become a judge, and even more difficult to
also ASG. They were the prosecutors
stay a judge. A lot of effort is required to be
a judge. Daily reading, writing, and learning
in the case, and they said, "My lord,
are required, as well as a significant amount grant him bail," to which I will not
of effort. A judge's main duty is to be unbiased object. "I went through the case."
towards society, and as a result, a personal Those were the good old days. This is
bond cannot be maintained. A good judge no longer said by prosecutors.
should keep a safe distance even when
speaking with one's own relatives.
Have you ever had a case where you

felt it was wrong to take it on moral
grounds? Have you ever considered
whether or not this person should be
saved? What are your views on this?
This has happened numerous times. I've

LAWYERS TALK
dropped major cases like 2G. I was unable
Q&A
to take up 2G because the hearing was on a
daily basis and I would not have been able to
devote that much time to it, which would have
been unfair to my clients. But, yes, there have
been many instances where my mind and
conscious did not agree. Everyone, including
Our country has been criminal lawyers, is aware of the facts of the
independent for 75 years. case. However, everything is dependent on
the circumstances, situation, and mental
We'd have completed a stability of the person who committed the
century of independence crime. I'm past the point where I'll take up a
matter regardless of my conscience for the
in another 25 years.
sake of money.
Where do you see our
Have you ever had a client tell you, "I'm
judiciary in our 100th year writing you a blank cheque"?
of independence? Oh yes. Several times. But if I don't feel like
dealing with it, I won't. They do offer a large
Our judiciary has been an
sum of money that one cannot even possibly
independent organ since its imagine. I take my cases seriously. I used to
inception. The judiciary is the third be a little hot-handed, but not anymore. A
pillar of democracy, or one of the person evolves over time and with age. After
pillars of democracy. Day by day, a certain amount of experience, the person's
after 100 years, our judiciary will thinking changes. "Paise hi sab kuch nahi
be even stronger. It already is, but hota aur paise ke bina bhi kuch nahi hota," as
by that time, it’ll be even stronger. the saying goes.
Because, as you can already see, the
How much time do you have to prepare
youngsters are very brilliant, and by for a hearing before the bench?
that time, the new generations will You should be well-versed in the file and the
be even more brilliant. Previously, case if you are filing a matter in High Court.
there were only a limited number Even in lower courts, for cross examination,
of colleges and seats available, but one should be thoroughly familiar with the
things have changed dramatically. file and aware of even the most minor details
People are doing law from here and of the case. Otherwise, cross-examination will
then going abroad for their Masters. be ineffective.
Both of my sons earned their Masters
Is this a lesson for future lawyers?
degrees abroad. All three of my It is, indeed. And today's children are
children are lawyers. extremely bright. They are excellent drafters
and speak English very well. In comparison to
today's children, our English is not as fluent.
So, the lesson for all of these young lawyers is
to work hard. There is no shortage of money
in this profession, but you should never cheat
to get it. It takes at least 5 years to pursue a
career in criminal law. n

UPADTES
JUSTICE DIPANKAR DATTA
SWORN IN AS
A SUPREME
COURT OF
INDIA JUDGE
The Collegium, led by Justice (Retd.) UU Lalit, recommended Justice

Datta's name at its meeting on September 26, 2022. With the oath of
Justice Datta, the Supreme Court now has 28 judges (including the
CJI) against the sanctioned strength of 34, with six vacancies.
D
ipankar Datta was born on February and various state high courts. Datta had also
9, 1965. He was a former Calcutta High served as the Union of India's counsel. He had
Court judge and the Chief Justice of appeared on behalf of the School Education
the Bombay High Court. He was born into a Department of the University of Calcutta, the
legal family. Salil Kumar Datta, his father, was West Bengal Board of Secondary Education,
a former Calcutta High Court judge. Justice and the West Bengal School Service
Amitava Roy, his brother-in-law, is a former Commission.
Supreme Court of India judge. Datta earned Justice Datta was West Bengal's junior
his LL.B. from the University of Calcutta's Hazra standing counsel from May 16, 2002, to January
Law College. 16, 2004. From 1996–1997 to 1999–2000, Datta
He was in the first batch of a five-year law was a guest lecturer at Hazra Law College.
course in 1989. After finishing his LL.B., he On June 22, 2006, he was appointed as a
was enrolled as an advocate on November permanent judge to the Calcutta High Court.
16, 1989. He started his legal career as a state On April 23, 2020, he was appointed Chief
panel lawyer at the High Court of Calcutta. He Justice of the Bombay High Court and took his
also practised at the Supreme Court of India oath on April 28, 2020. n

NJAC
NATIONAL JUDICIAL COMMISSION

BILL INTRODUCED IN RAJYA SABHA
The bill seeks to regulate the appointment of judges through the National Judicial
Commission. This comes amid an ongoing confrontation between the Union government
and The Supreme Court (SC) Both have pointed fingers at each other for delaying judicial
appointments in India's top lawmaking body, the collegium system.
A private member bill, the National Judicial

Commission Bill, 2022, was introduced in RS
to regulate the appointment of judges through the
It also proposes the presentation of an address
by Parliament to the President in relation to the
proceeding for the removal of a judge.
National Judicial Commission. This comes amid The concept of NJAC has come under the
an ongoing confrontation between the Union consideration of the SC three times: in 1993, 1998,
government and the SC over the government's and 2015. All three times, while giving importance
resentment towards the Collegium system as to the independence of the judiciary, the SC
"opaque". Both have pointed fingers at each other dismissed the framework of the NJAC.
for delaying judicial appointments. The government In its 2015 ruling, the SC declared the
has also begun to express its displeasure with the 99th Constitutional Amendment and NJAC
court's decision to invalidate the National Judicial unConstitutional, violating the basic structure of
Appointments Commission (NJAC) in 2015. the Constitution. However, the SC admitted that all
The bill provides for the establishment of the is not well, even with the collegium system.
National Judicial Commission to regulate An MP who is not a minister is a "private member,"
and the bills introduced by such private members
n The procedure for the appointment of the CJI
are referred to as "private member’s bills." It requires
and other judges of the SC and Chief Justices
notice of one month and can be introduced or
and other judges of HCs
discussed only on Fridays. Up until now, 14 such
n Transfer of HC judges
bills have been passed. The bills introduced by
n To lay down judicial standards ministers are called government bills because they
n Provide for the accountability of judges to have the backing of the government and reflect its
establish a credible and efficient mechanism legislative agenda. Whether a private bill has to be
for investigating individual complaints against a admitted or not is decided by the Speaker of the
higher-level judge for misbehaviour or incapacity. Lok Sabha or the Chairperson of the Rajya Sabha. n

COVER
TITLE TITLE
STORY
PREZ ECHOES PLIGHT OF
POOR JAIL
TITLE TITLE
"While those accused of serious

crimes are released, poor inmates,
who may have gone to jail for
slapping someone, spend years in
prison before being released. They
remain incarcerated despite getting
bail for lack of money to furnish the
bail amount or arrange sureties."
- President Droupadi Murmu
L INMATES www.thelegalobserver.com | DEC 2022 17

COVER
STORY
S
uch an emotional speech from
India's President, delivered at a PRISONER
function on Constitution Day on
November 26 at the Supreme
OCCUPANCY RATE
Court, highlighting the plight of
poor tribal languishing in jails for
petty offences despite bail, virtually shook the
conscience of the country's top judiciary and
also spoke volumes about the country's poor
justice delivery system across the courts, at
a time when the country is commemorating
the Amrit Kaal of Independence.
Justice S K Kaul was on the dais with Chief
Justice DY Chandrachud when the president
described meeting several undertrial
prisoners as an MLA in her native Odisha and
later as Governor of Jharkhand.
Former Tihar Jail PRO Sunil Gupta says,
Whatever the president says, the court says
as well. The president's point was that people
are frequently imprisoned for minor offences.
Money is spent on each prisoner. They argue
that such people should be released on
interim bail rather than imprisoned. The
Supreme Court has also issued guidelines
stating that bail should be granted in cases
where the punishment is up to seven years in
prison. A bail rule, as well as a jail exemption, OCCUPANCY RATE OF
should be in place. VARIOUS TYPES OF PRISONS
In light of this, President Droupadi
AT NATIONAL LEVEL
Murmu's request to the government and
the judiciary to address prison overcrowding
is both significant and welcome.
And it was not surprising when, four days
later, the Supreme Court responded to her
concerns by ordering prison authorities
across the country to provide National Legal
Service Authority (NALSA) with information
on such prisoners within 15 days.
Beginning with the Mulla Committee,
numerous important Committees, including
the Malimath Committee, the Justice
Krishna Iyer Committee, and, most recently,
the Justice Roy Committee (2018), have been
established to review the state of Indian
prisons and recommend reforms. However,

"I've heard that we'll have to build new prisons
because the existing ones are overcrowded. Why
do we need new jails if our society is progressing?
"We should be closing down existing ones,"
- President Droupadi Murmu.

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reform implementation has been lax, and

the necessary political will to effect change
INDIA'S PRISON
is lacking.
Recently, the Union Home Minister asked
HISTORY
all states to modernise their prisons and
The modern Indian prison system was
stated that a new jail reform law would be
founded on Macaulay's Minute of 1835.
enacted soon. The minister also stated that
Contemporary prisons in India are thus
India's incarceration system is vulnerable
a British legacy, as they still exist. The
to abuse because it was established by
passage of the Prisons Acts in 1861 and
the British to subjugate political prisoners.
1894 is yet another watershed moment in
According to him, jails must be modern and
the history of prison in India.
technologically advanced, with stringent
The Government of India Act, 1935,
security measures. It is also necessary to
was a significant change in Indian prison
establish better living and health facilities,
administration. The vertical division
libraries, rehabilitation programmes for
of legislative and executive powers
prisoners, and initiatives to promote mental
was established. The subject matter of
development.
"prisons" was moved from the central
As a result, in 2016, the government
list to the state list by this law. This event
introduced the "Model Prison Manual" to
is significant because it resulted in non-
replace the existing prison manual. Human
uniformity in prison laws across India.
rights, reintegration of prisoners into
Dr. Reckless, a UN expert, was invited by
society, the rights of female prisoners, prison
the Government of India in 1951 to study
inspection laws, and the right to education
Indian prisons and make management
for death row inmates are all addressed in
and policy recommendations. Dr. Reckless
the manual.
delivered his report, "Jail Administration in
Only 11 states and Union territories have
India," in which he prompted reforms and
adopted the new "Model Prison Manual."
updates to outdated jail manuals.
The government is in discussions with states
to implement a model act for the prison
system. According to the National Crime
Records Bureau's 2021 statistics, there were
5,54,034 inmates in India's prisons, compared
to a capacity of 4,25,609.
Prison reform and the justice delivery
" As President Murmu correctly

stated, the Dickensian solution
of building more prisons is not
the solution. The Supreme Court
recently asked the government
to "think outside the box" and
consider a one-time measure to
release prisoners in specific cases "

UNDERTRIALS VS CONVICTS
According to the Ministry of Home Affairs' Prison Statistics India 2021 report, the number
of convicts in jail decreased by 9.5 percent between 2016 and 2021, while the number of
undertrial inmates increased by 45.8 percent. With three out of every four prisoners on
trial, the problem of prison overcrowding is essentially an undertrial issue. Approximately
80% of prisoners were imprisoned for up to a year as of December 31, 2021. According
to the report, 95 percent of undertrials released in 2021 were granted bail, while only 1.6
percent were released after being acquitted. It demonstrates that the slow pace at which
trial courts work to reach a final decision is untenable.
Women Jail,
Sub Jail, Special Jail, 1,108, 0.9%
2,461, 2.00% 1,106, 0.9% *Other Jails,
259,0.2%
Women Jail, Special Jail,
2621, 0.6% 5369, 1.3% Open Jail,
*Other Jails, 2,153, 1.8%
971, 0.2%
Central Jail,
154447, 6.2%
Central Jail,
District Jail, 81,551, 66.4%
District Jail 34,214, 27.8%
219529,51.4%
Total Convicted * As per data provided

by States/UTs.
Total Undertrial * As per data provided
Prisoners 1,22,852
by States/UTs.
Prisoners 4,27,165
UNDERTRIAL PRISONERS IN CONVICTED PRISONERS IN

DIFFERENT JAILS DIFFERENT JAILS
Detenues, Others, 547, 0.1%

3470,0.6%
Convicts,
122852, 22.2%
Undertrials,
427165, 77.1%
Total Inmates * As per data provided by

States/UTs.
5,54,034
SHARE OF CONVICTS, UNDERTRIAL

INMATES, DETENUES AND OTHER INMATES

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STORY
" To address the key issues JUSTICE AMITAVA

in Indian jails, which have
been dubbed a "university ROY COMMITTEE
for grooming criminals," RECOMMENDATIONS:
structural changes are
In 2018, the Supreme Court set-up a
required. Prisons will continue
n
three-member committee led by former

to be heaven for politically Supreme Court judge Amitava Roy
connected criminals and to investigate jail reforms across the
hell for socio-economically country and make recommendations
on a variety of issues, including prison
disadvantaged undertrials
overcrowding. It recommended:
unless something changes"
n Special fast-track courts should be
established to handle only minor
offences that have been pending for
mechanism more than five years.
In fact, the multiple crises plaguing
n Furthermore, accused persons charged
India's justice delivery system are linked to
with minor offences and granted bail
"dilapidated" infrastructure. Indeed, there
but unable to secure surety should be
is a link between adequate infrastructure—
released on a Personal Recognizance
whether in the form of courtrooms, chambers,
(PR) Bond.
sanitation facilities, or digital connectivity—
and productivity in the delivery of justice. n Establishment of a National Justice
The severe lack of basic infrastructure in Delivery and Legal Reform Mission
India's district and subordinate courts n Open prisons: In 1980, the All-
causes pendency. India Committee on Jail Reform
According to the National Mission for recommended that the government
Justice Delivery and Legal Reforms an establish and develop open prisons
adequate judicial infrastructure is required in each state and UT, similar to the
to reduce case delays. Data show that Sanganer open camp in Rajasthan, and
backlogs in India's subordinate judiciary that life convicts with a good prognosis
are caused by a severe lack of courtrooms, be transferred to semi-open and open
secretarial and support staff, and residential prisons.
accommodation for judges.
The Mission was established in 2011 by the
Department of Justice with the dual goals
of increasing access by reducing delays
and arrears and improving accountability
through structural changes and the
establishment of performance standards
and capacities.
The Indian judiciary is one of the largest
in the world. Running such a large justice
delivery system requires an efficient
support staff. But care is not taken to ensure

RECOMMENDATIONS ON JAIL REFORMS
n Recommendations of India's Law Commission in its 268th report
n The Commission recommended that those detained for offences punishable by up
to seven years in prison be released after one-third of that period, and those charged
with more serious offences be released after half of that period.
n It also recommended that the police avoid needless arrests and magistrates refrain
from mechanical remand orders.
appointment of qualified para-legal staff, the Former Chief Justice of India (CJI), N.V.
National Court Management System (NCMS) Ramana, while expressing his concern at the
report added. slow progress in infrastructural projects at the
The state of a court's infrastructure can have district and subordinate courts, remarked in
a significant impact on the delivery of justice. October 2021: "Good judicial infrastructure for
A well-designed and adequately equipped courts in India has always been an afterthought.
courtroom, for example, can help a sitting Because of this mindset, courts continue to
judge's productivity; the same is true for operate in dilapidated structures, making it
lawyers and their chambers when preparing difficult for them to perform their functions
for their cases. effectively. n

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STORY
CAN JUSTICE BE
EMBELLISHED?
One of the most important moral and political concepts that lacks a
universally accepted definition is justice. The claim for justice takes
on new meaning in certain circumstances and cultural contexts.
It is a forward-thinking concept. Justice is not incoherent without
the rule of law, but it is unavoidably void, says NAZIM NAQVI in the
backdrop of the heart-touching speech of PRESIDENT DROUPADI
MURMU, pitching for justice for all.

B
ut the bigger question is: Can and should even today, stand at the back of this human
justice be embellished? The strong development saga and fully comprehend justice
statements and requests for justice for practises. Justice is one of the most important
the marginalised common man are indeed moral and political concepts that does not
hopeful, and hope here takes the form of a have a universally accepted definition. The
decision. word "justice" is derived from the Latin word
Droupadi Murmu, our country's 15th President, "jus," meaning right or law. The Oxford English
is from a tribal society. The tribes, our land's first Dictionary defines a "just" person as someone
inhabitants, were the first to learn how to live who "does what is morally right" and is inclined
in harmony with nature. Tribals who realised to "give everyone his or her due," with the word
that the only way to live among or with nature "fair" as a synonym. In specific circumstances
is through justice. But life went far beyond the and cultural contexts, the claim for justice takes
jungle for the quintessential human, whose on new meaning. It is a progressive idea. Various
inquisitive mind forced it to leave the forest philosophers have interpreted the term "justice"
and begin settling in open fields. The incredible in various ways. Justice without the rule of law
stories of development that have been written is not incoherent, but it is unavoidably void.
and spread throughout the world are the reason
why, in the 21st century, we find ourselves
weighing ourselves against God, the almighty,
supreme power. "Those who kill and take lives roam
We are also not unaware of the consequences. around scot-free, but the common man
The most significant cause-and-effect is that, in remains in jail for years on end for a minor
the name of exploring nature, our exploitation crime." Who are these people? "Get their
has progressed to the point where Mother Earth details and find out about them."
herself is on the verge of extinction. However, ( These are promising words coming from
let us return to the forests, where our tribal PRESIDENT DROUPADI MURMU. )
society still exists today. They are the ones who,

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STORY
There is a famous couplet by Hafeez Hoshiarpuri.
Dil se aati hai baat lab pe Hafeez
Baat dil mein kahan se aati hai
(Lips utter messages from the heart, but from where
does their journey to the heart begin?)
Words are formed later; context comes first.
Continuous behaviour produces essence or emotion.
That is why a tribal person can explain the complex
issues we face today in simple terms. Today, when
a woman f rom the same marginalised society
ascends to the highest constitutional position of
her democratic country, the honour of becoming
India's first citizen, she uses this opulent position
to tell the country's judiciary and parliament that
progress must be made and is being made.
In our rush for success, which of our core values are
we losing touch with? What have we forgotten, and
do we understand what we are doing incorrectly?
On July 25, 2022, Droupadi Murmu was sworn
in as India's 15th President. She became India's
first tribal woman to hold the country's highest
constitutional office. Even before her election,
reports began to circulate that the ruling BJP had
chosen her as its candidate for political outreach
in order to appease the tribal community. Before
the election, some questioned whether her rise
would make a difference for the thousands of
incarcerated indigenous people who have had their
land taken, and have been oppressed by society and
the state. And it was claimed after the election that
she was a powerless pawn.
With the exception of Dr. A. P. J. Abdul Kalam,
the President of the country rarely spoke about
anything other than "Sarkari Nirdesh," delivered in
the form of a written speech. President Murmu, on
the other hand, has demonstrated that she is more
than a rubber stamp by adhering to official protocol
while also speaking f rom the heart. President
Murmu has been active in offering solutions to a "The country does not need
critical issue before the judiciary and lawmakers. more jails; rather, it needs
She has taken up the cause of those imprisoned for
minor offences, who are unaware of their fundamental
to reduce the large number
rights and lack the financial resources to fight of poor prisoners who have
legal cases and be exempted or released on bail. been locked up for years."
What better place to say what President Murmu had to

"I come from a small village, where
villagers consider only three people as
gods: the guru, the doctor, and the lawyer.
"The guru is in the role of God by giving
knowledge, the doctor by giving life, and
the lawyer by giving justice."
PRESIDENT DROUPADI MURMU
imprisoned for many years just for slapping," she

says, movingly. "They are unaware of their legal
rights. Neither the constitution's preamble, nor
the fundamental rights, nor any knowledge of the
fundamental duties Nobody is considering them.
Even their family members lack the courage to save
them because their utensils have been sold to fight
the case."
This statement of hers, bearing such bitter truth,
had to have pinched every leader, lawyer, and judge
in the room. However, they are powerless to intervene
because only Parliament has the authority to make
or change the law. These official functions are usually
formal, but something more casual was taking shape
here. The entire audience was waiting with bated
breath. What happened next was unavoidable. The
entire auditorium stood up in applause and honour
as soon as the president finished speaking.
However, the story does not end here. Fourteen
days later, on December 10, 2022, Human Rights
Day, her sentiments resurfaced. Coming f rom a
community at the bottom of the social ladder, the
country's highest office once again pleaded for justice.
with the same ease and sentiment, but this time in
concern for the environment.
Don't you think tribal people, who have supported
and had a relationship with the environment for
generations have the first right to make such an
appeal? "I wonder what the animals and trees around
say than the Supreme Court? The occasion us would tell us if they could speak," she said. "We
was the closing ceremony of a Constitution have long suppressed their rights, and the result is
Day event, at which President Murmu first now in front of us," " what would our rivers say about
read her formal speech and then began human history, and our cattle say about human
speaking in Hindi with great emotion. rights?" Delivering messages in this language is truly
Everyone in the auditorium was captivated admirable. When people like Dr. A. P. J. or Murmu
by the way she spoke f rom her heart. embellish the position of president, their thoughts
"Think about those who have been
spread like fragrance on humanity n

TITLE TITLE

TITLE TITLE

VIEW POINT
ABOUT THE WRITER

Syed Ali Murtaza is a practicing lawyer at the
Allahabad High Court since 1997. His areas of
expertise include the National Security Act,
public interest litigation, criminal appeals, and
Habeas Corpus-related issues.

PROTECTING
PRISONERS' RIGHTS
Bail courts must be liberal in their approach and
adhere to the principle that bail is the rule and jail is
the exception. Those who are customarily remanded
to judicial custody belong to a marginalised class of
society with limited resources and are unaware of
their Constitutional and statutory rights, argues SYED
ALI MURTAZA against the backdrop of inmates' plight
in overcrowded prisons across the country.
P
risoners, whether convicted or on trial, to be informed about his legal rights to challenge
retain their humanity. In India, the courts their detention through appeals, bail applications,
have recognised prisoners' rights, and and so on. They have the right to have their bail
the state must ensure that they do not applications and appeals against convictions
suffer. The courts have emphasised the importance heard as soon as possible. Similarly, under-trial
of creating a rehabilitative environment in prisons prisoners have the right to a fair and expeditious
and providing inmates with every opportunity investigation, early hearings on bail applications,
to improve and become better people while and a speedy trial.
incarcerated. Prisoners, like any other ordinary The basic principles for the treatment of prisoners
citizen, have the right to exercise and enjoy the were adopted and enforced by General Assembly
basic rights guaranteed by the Indian Constitution, resolution 45/111 on December 14, 1990, and one of
and imprisonment does not deprive them of these the principles was for the prisoners to engage in
rights. They are entitled to basic necessities such meaningful remunerated employment, allowing
as nutritious diets, adequate medical care and them to contribute to their own and their families'
treatment, and sanitation conditions. financial support. However, twenty-two years after
They have the right to use print and electronic the said United Nations resolution, the situation in
media to communicate with and receive Indian jails is appalling. Overcrowding in prisons,
information from the outside world. A prisoner's a lack of infrastructure, an acute shortage of staff,
fundamental rights include the right to consult their professional training, and custodial deaths
with and be represented by a practitioner of his are all serious issues that almost every state in the
choice or by legal aid services, as well as the right country faces.

VIEW POINT
The Supreme Court addressed the serious Undertrials have increased significantly in the last
issue of prisoners' rights in Sunil Batra v. Delhi five years. According to the report, approximately
Administration (1978) 4 SCC 409 and in Re: Inhuman 24 thousand undertrials have been imprisoned
Conditions of 1382 Prisoners, 2018 SCC Online SC for more than three to five years, while 11,490 have
3307, giving new hope to this underprivileged class been imprisoned for more than five years. The
of society. Different high courts have registered states with the most undertrials were Maharashtra
suo moto petitions related to jail reforms, and and Uttar Pradesh.
it is expected that these petitions, as registered The situation in jails is grim, as it is reflected in
by the various high courts, should not be viewed the Prison Statistics India report 2021. Rajasthan
as adversarial litigations by the respective state has the most jails, with 144, followed by Tamil
governments, but rather that the state authorities Nadu (142), Madhya Pradesh (131), Andhra Pradesh
should come in aid of the higher courts' orders for (106), Odisha (92), and Uttar Pradesh (75). These
improving the conditions of prisoners. six states together cover 52.3% of the total jails
Congestion in jails, particularly among trial in the country as of December 31, 2021. The state
prisoners, has been a cause for concern for both of Uttar Pradesh has a capacity of 62281 inmates
the courts and the governments, among other in 75 jails, contributing 15% of the country’s total
serious considerations. To address the issues, legal capacity, followed by Bihar, which has a capacity
aid committees, legal service authorities, and non- of 47750 inmates in 59 jails, and Madhya Pradesh,
governmental organisations have been enlisted. which has a capacity of 29571 prisoners in 131 jails.
According to the Prison Statistics India report 2021, On December 31, 2021, Uttar Pradesh reported
India has 5.54 lakh prisoners compared to an actual 1,18,670 prisoners against a capacity of 62281,
capacity of 4,25,609 in 1319 prisons. 4.27 lakh, or followed by Bihar, which reported 66879 prisoners,
nearly 77%, were on trial, and 3470 were detainees, Madhya Pradesh, which reported 48511 prisoners,
accounting for 0.6 percent of total occupancy. and Maharashtra, which reported 36853 prisoners.
The statistics for

under-trial prisoner
occupancy over
the last three
years belied the
lofty claim of
decriminalisation
made by various
state governments.,
which is evident
from the
breakdown of the
last five years:
*As per data provided by States/UTs. Source: Prison Statistic India Report, National
Crime Record Bureau

VIEW POINT
Uttarakhand has been reported to have the highest
occupancy rate of 185%; Uttar Pradesh is not far
behind with an occupancy rate of 184%; Delhi with When we speak of
180.5%; and Madhya Pradesh with 164.1% against
the prison's capacity.
justice, we know
Out of 5,54,034 prisoners, 53,10,25 were male it is an ideal with
prisoners, 22,918 were female prisoners, and 91 were
transgender. Out of 22,918 women prisoners, the
many problems.
highest number of 4,995 female prisoners were It is our collective
lodged in the jails of Uttar Pradesh, followed by
Bihar with 3,067 female prisoners, and Madhya responsibility to make
Pradesh with 1,892 female prisoners. Due to the the process of seeking
high occupancy rate in the prisons compared
to the sanctioned capacity, the provisions of justice affordable for
the Jail Manual that keep convicted prisoners
separate from those under trial are compromised,
everybody.
leaving far-reaching psychological and behavioural
impacts on both sets of prisoners. - President Droupadi
There is a sharp increase in trial prisoners in the Murmu
last three years. At the end of 2019, there were
3,32,916 under-trial prisoners, increasing to 3,71,848
in 2020 and 4,27,165 at the end of December
2021. The State of Uttar Pradesh has reported the
maximum number of under trials 90,606, 21.2% in
Source: PIB

VIEW POINT
the country followed by Bihar 59,557 under trials, 21.08% belonged to the Scheduled Caste, 9.88%
13.9%, and Maharashtra 31,752 under trials 7.4% at to the Scheduled Tribes, and 18% were Muslims.
the end of 2021. The unnatural deaths of prisoners under judicial
There has been a sharp increase in trial prisoners custody are linked to the atrocities committed by
in the last three years. At the end of 2019, there the jail authorities. The National Human Rights
were 3,32,916 under-trial prisoners, increasing to Commission and various state governments have
3,71,848 in 2020 and 4,27,165 at the end of December issued directions and guidelines. Section 176 of
2021. The State of Uttar Pradesh has reported the the Code of Criminal Procedure, 1973 (hereinafter
highest number of undertrials (90,606), or 21.2% "CrPC") mandates conducting a judicial inquiry in
of all undertrials in the country, followed by Bihar every case of unnatural death, whether under police
(59,557 undertrials), or 13.9%, and Maharashtra or judicial custody, in addition to the magisterial
(31,752 undertrials), or 7.4%, at the end of 2021. and police inquiries.
The number of convicted prisoners has increased Undoubtedly, the Supreme Court has made
by 9.1% since the COVID-19 Pandemic, from 1,12,589 some sincere efforts to decongest the prisons in
in 2020 to 1,22,852 in 2021.At the end of 2021, Uttar Uttar Pradesh's convicted states. Sizeable numbers
Pradesh reported the maximum number of 26,956 of convicted prisoners have been released by the
convicts, constituting 21.9% of the total convicted High Court in Allahabad, giving the benefit of a
prisoners in the country, followed by Madhya period of incarnation following Saudan Singh vs.
Pradesh at 19,266 and Chhattisgarh at 7,762. The State of Uttar Pradesh (hereinafter "Saudan Singh")
Prison Statistics India Report-2021 was analysed during the pendency of their appeals against the
by Scroll.in, an Indian digital news publication, conviction. But it is less for the one who needs
and an observation was made in its report dated more. The arrangement made by Saudan Singh
September 13, 2022, flagging the issue that out is not the permanent solution to the problem;
of the total number of prisoners in the country, ultimately, their appeals need to be decided finally.
The unnatural death

of prisoners has been
a debatable issue,
but ultimately, the
jail authorities are
the custodians of
prisoners. On average,
the number of natural
and unnatural deaths
of prisoners has
sharply increased
from 2016 to 2021,
which is evident from
the breakdown of the
last five years:
*As per data provided by States/UTs. Source: Prison Statistic India Report, National
Crime Record Bureau

VIEW POINT
The problem of overcrowding in prisons is not a
new one but decades old and essentially an under- The basic principles for the
trial issue; under-trial prisoners make up almost treatment of the prisoners
77% of the total occupancy of jails. The number of
were adopted and enforced by
under-trial prisoners increased by 45.8% between
General Assembly resolution
2016 and 2021. Three out of every four prisoners are
on trial. If the law enforcement agencies are not 45/111 of December 14, 1990,
following the legislative mandate of Section 41-A of and one of the principles was
the CrPC and deliberately bypassing the guidelines for the prisoners to undertake
laid down by the Supreme Court in Arnesh Kumar v. meaningful remunerated
State of Bihar, (2014) 8 SCC 273 (hereinafter "Arnesh employment, which will permit
Kumar"), the officer arresting such an accused
them to contribute to their
must be made personally liable for contempt
financial support and that of
proceedings. Setting an example, recently a division
bench of the Allahabad High Court sentenced their families. However, twenty-
a police officer to 14 days' imprisonment for two years after the said United
contempt of court. Unbridled powers to arrest Nations resolution, the situation
often turn a democratic state into a police state, in Indian jails is appalling.
and an independent judiciary is the guardian of
democracy.
prisoners have been granted bail by the court but
The judicial magistrates who normally grant
are unable to secure sureties. The provisions of
the accused judicial custody must be judicially
436(1)(b) CrPC must be liberally applied by courts
sensitised. Before granting judicial remand
in light of the Supreme Court's observation in
to the accused, they must see the basis and
Moti Ram v. State of MP, 1978 AIR 1594.
reason for the arrest, at least in offences with a
The primary and session courts hearing bail
maximum penalty of seven years; otherwise, the
matters must take a liberal approach and follow
legislative reforms to regulate and rationalise
the principle that bail is the rule and jail is the
the extensive power of arrest and the mandate
exception, keeping in mind that those who
of Arnesh Kumar will fail to achieve their goal.
are customarily remanded to judicial custody
The actual and genuine issue with the cause is
belong to a marginalised class of society, with
the indiscriminate arrest of individuals, as well
limited resources and who are completely
as the tendency of investigating agencies to
unaware of their Constitutional and statutory
postpone investigations and the filing of charge
rights. The concept of judicial independence
sheets. Because of their long incarceration, a
enshrined in our Constitution applies not only
large number of poor undertrials agreed to
to writ courts but also to the country's primary
defend their cases in court and accept a bargain
courts.
acquittal, but this is unethical.
The writ courts safeguard every citizen's
President Droupadi Murmu, who was well
life and liberty in the country. When a serious
aware of these issues, raised the issue of a large
miscarriage of justice occurs, the higher courts
number of under-trial prisoners in the country's
have a Constitutional obligation to intervene
prisons in her address to the Supreme Court's
in cases involving personal liberty and grant
National Law Day Celebration on November 26.
bail. When the executive denies justice to a
If we were moving towards a more progressive
poor and marginalised class, the soul of the
society, the President insisted on closing the
Constitution suffers greatly. Any attempt to
jails rather than building new ones. There
limit the power of higher courts in relation to
are numerous issues that the judiciary and
bail will go against wishes of founding fathers
government must address. A large number of
of India’s Constitution. n

INTERVIEW
SOMESH GOYAL
EX- DG PRISONS
HIMACHAL PRADESH
Older jail laws must be

replaced with new ones
to reform jails
A former journalist, an avid photographer, neglected field. This department has only
and former DGP of Prisons in Himachal recently gained prominence. Understaffing,
Pradesh, Somesh Goyal has been low motivation, insufficient resources and
instrumental in changing the face of jails in training, unsanitary working conditions,
the state with his innovative ideas. During overcrowding, and other issues plague the
his tenure as DG Prisons, this 1984-batch IPS system.
officer not only prioritised jail modernization Due to the excessive delay in their trial and
but also took numerous significant steps the denial of bail, the undertrial prisoners
to improve the lives of prisoners. It was his generally feel hopeless. Convicts had
idea to have prison personnel sell bakery generally low self-esteem, confidence, and
items on the Ridge's taka bench, selling emotional stability. They are all concerned
everything from manure to shawls and about their families, who had become
other products through the online store collateral victims of crimes. Fracas are
Kara Bazar. Simultaneously, by auditing common in the jail.
the state's jails for the first time, he not only
informed the government of the current The flagship project's idea of a job for
situation but also asked for a budget to every prisoner, "Har Hath Ko Kaam,"
outfit them with modern equipment. transformed the lives of prisoners. How
did this concept emerge?
In a free-wheeling conversation with
The Legal Observer, he discusses jail After extensive touring of the jails and
conditions, reforms, and other aspects of jail informal interaction with inmates, I realised
administration. that yoga and music were not viable
solutions to their lack of a source of income
Excerpts:
to support their families. Financial gains and
You were the Director General of Himachal independence may improve their mental
Pradesh Prisons. Can you tell our readers health and economic situation.This project
about the readings and observations you was launched in 2016-17. It was an instant
made in the jail system? As well as the success with both inmates and staff, who
inmates' mental health. felt a sense of urgency and ownership.
Corrections has historically been a
Were there any problems with its

INTERVIEW
implementation? programmes, there are insufficient and
Change is never easy. There is opposition. unstructured resources. In most prisons,
Staff, prisoners, and other stakeholder groups there are no counsellors. Because of the
were all sceptical of the project's outcome actions of hardened criminals, prisons will
in our case. There was little infrastructure or continue to have a bad reputation until
funding to support this ambitious project to prison reforms are implemented.
financially empower the incarcerated.
What should be prioritised in terms of
Many initiatives fail as a result of the prison reform?
system. What has your experience been? More prisons are being built to alleviate
Because the system, in this case the overcrowding. Ensure that undertrials
government and bureaucracy, was and convicts are separated. Provide
uninterested in this department, we were enough medical, paramedical, and mental
able to accomplish a lot in a short period health personnel. Video conferencing is
of time. There is indifference, and non- increasingly being used in trials. Create a
interference has been beneficial to us. framework for livelihood programmes in
prisons. Improvement of abilities. Hand
What are your thoughts on India's ongoing holding during reintegration into society
prison reforms? following release, and so on.
There is debate, but it is slow. The motivated
Is the prison necessary for our society?
prison leadership is responsible for the
majority of the work. The Model Prison It does not appear to be a possibility at this
Manual has yet to be adopted by the time. We must accept this unavoidable evil.
majority of states. The outdated prison laws
It is commonly observed and believed that
must be replaced with new laws that are in
within any prison's boundary wall, there
line with modern times and the guidelines
are two prisons, one for influential inmates
of the United Nations and the Human
and another for common inmates. Is this
Rights Commission. The Supreme Court was
reality or a figment of our imagination?
looking into prison reforms and conditions.
Closed spaces have their own set of issues.
However, they delegated this monitoring
Staff wages that are not even comparable
to the state High court. Following that,
to those of their peers in the police force,
monitoring was not as prompt and time-
combined with the opportunity to make
bound. In fact, there is no more steam.
quick money, create situations in which
Are our country's prisons serving their powerful people receive preferential
purpose? treatment. It is completely inappropriate.
Of course, they are not penitentiaries, Professionalism and service pride, as well as
but they have successfully held prisoners objective law enforcement, will undoubtedly
despite all the constraints. For prison reform help the situation. n
More prisons are being built to alleviate overcrowding. Video conferencing is

increasingly being used in trials. Hand holding during reintegration into society
following release is becoming an important part of the rehabilitation process for
convicts as well as offenders who have served their sentences.
- SOMESH GOYAL, EX- DG PRISONS, HIMACHAL PRADESH

REPORT
MADRAS HC JUDGE BARRED

FROM FILING COMPLAINT!
After witnessing financial irregularities during a visit to the
Vadapalani Murugan Temple, a Madras High Court judge
was barred from filing a complaint.
T
he Madras High Court's Justice respond when we asked for the Commissioner's
SM Subramaniam has asked the phone number or P.A. number in order to file a
Commissioner of the Hindu Religious complaint in the matter.
and Charitable Endowments Department Because he could not reach the Executive
to investigate financial irregularities at the Officer, the High Court judge was unable to
Vadapalani Murugan Temple. In exchange for contact him. The judge then contacted the
150 rupees, Justice SM Subramaniam claims High Court Registrar for assistance from the
he was given two Rs 50-tickets and one Rs local police, who were also unable to assist.
5-ticket. The judge also ordered an investigation into
According to Justice Subramaniam, he the executive officer's supervisory failures.
was barred from filing a complaint with the He requested that appropriate action be
temple's executive officer. We went inside the taken against all employees. "If any lapses or
hall and inquired about the executive officer's derelictions are discovered, initiate action and
availability. The men sitting there, on the other report to me on or before January 9, 2023," he
hand, refused to even look at us and did not said. n

LEGAL TECH
LEGAL TECH:
AT THE CUSP OF
A PARADIGM
SHIFT
As the country strives for long-term economic
growth, India's legal system is ripe for innovation.
Legal technology is on the verge of a paradigm shift
in India and around the world. A recent report on
the legal tech startups’ ecosystem by CIIE.CO at
IIM Ahmedabad outlines the current landscape,
investments, new opportunities and gaps for
entrepreneurs of the Indian legal tech sector.
T
he legal industry has been around over 650 startups and over USD 55 million
for centuries, but its operations invested. The United States leads the pack
have only recently been opened up with over 2500 startups. The Indian legal
to the integration of technology. services market is only worth USD 1.3 billion,
In the COVID-19 pandemic era, accounting for less than 1% of the USD 437
the sector has seen accelerated adoption billion US market.
globally. It is a process-driven and human-
cantered industry, driven by people rather Since 2010, there has been a steady
than machines. emergence of legal tech startups. The growth
While the legal services market in India of legal tech startups was marginal until
is a small fraction of the much evolved USA 2014, but 2015-2016 saw the first significant
market, India ranks second in the world peak, with over 40 startups founded in both
in terms of the number of startups. Legal years. This occurs at the same time as the
technology in India is a growing market, with launch of the Startup India initiative. This

LEGAL TECH

LEGAL TECH
Since 2010, there has

been a steady emergence
of legal tech startups in
India. In 2015 and 2016
we observed the first
significant peak with over
40 startups being founded
in both years. This peak,
Thus far, has only been
surpassed in 2020, when
over 50 startups were
founded. This could be in
response to the COVID-19
pandemic and increasing
digitalization as well as to
meet the need for virtual
proceedings.
Customers of legal tech startups can be

classified into three different categories
CUSTOMER MAP (further divided into five total segments).

A customer map of all prominent legal
technology products is presented below.

LEGAL TECH
Indians spend about 0.48% of

GDP on litigation. Entrepreneurial
drive aided by cutting edge
technology can potentially tackle
the inefficiencies found across the
legal services landscape. While the
sector is in its nascent stages, it
is seeing strong tailwinds like the
increasing digitalisation of court
proceedings.”
-Supriya Sharma, Partner -
Insights, CIIE.CO

LEGAL TECH
WHAT IS LEGAL TECH

Technologies that enable and improve
access and usage of legal services,
including access to justice as well as
development and delivery of these
solutions by legal service providers.
peak was only surpassed in 2020, when more investments in and acquisitions of startups,
than 50 startups were founded. This could and validation of new technology-led models
be in response to the COVID-19 pandemic, such as Online Dispute Resolution (ODR) are
which would boost digitalization while also all boosting the sector.
addressing the need for virtual proceedings. ODR, succession management, litigation
Legal tech startups in India have mostly finance, court management, due diligence
received seed funding (angel, pre-seed, management, and legal transcription and
and seed stages). Only in the last two years translation could be the next wave of legal
has growth-stage funding (Series A and tech startup growth.
B) poured in. So far, no notable exits have Legal technology has been present in India
occurred in this sector. since the late 1980s to the late 1990s (1989
In India, legal technology primarily consists - 1999), with technology companies such
of four product categories: legal service as Regent Computronics and AIR Infotech
delivery, process efficiency, access to legal providing research and analytics tools to
recourse, and do-it-yourself (DIY) tools, which corporations and legal service providers.
serve three customer segments: citizens, Of late, legal technology startups are
legal service providers, and the judiciary. disrupting the legal services industry by
While many legal tech models are expected offering convenient, affordable, automated
to benefit from artificial intelligence, the solutions that enable anyone with a legal
vernacular nature of documentation, need to easily access high-quality legal
particularly in lower judiciary of the country counsel. The growing demand for legal and
currently poses a challenge. digital services has given businesses an
The opening of a large domestic market opportunity to rethink their business models
to technology interventions, increased and customer service strategies. n

LEGAL TECH
WORLD LEGAL TECH ECOSYSTEM

Legal technology startups have flourished India). In the majority of these markets, law
in numerous markets over the past 20 years. firms seem to be the driving force behind legal
The industry has grown exponentially over the technology. In-house legal departments and
past five years on a global scale. While two corporate clients as they strategically invest
of the largest legal systems are found in the in digital tools and technologies. Numerous
United States of America (USA) and the United law firms are reportedly adopting legal
Kingdom (UK), Canada*1 and Singapore*2 are technologies, according to recent reports. in
the only two nations outside of the United order to avoid becoming overwhelmed by the
States that have unicorns in the legal tech sector growing number of alternative legal service
in terms of the number of startups (aside from providers (ALSPs).
DIGITAL TECHNOLOGIES AND

TECH ENABLED SOLUTIONS
We notice a diversity of technologies in the industry
as well, given that legal tech solutions as a whole
are a combination of goods and services. Startups
use cutting-edge technology like blockchain and
artificial intelligence on the one hand, and platforms
and aggregator interfaces on the other, often as their
main product.
3Artifical Intelligence
3Blockchain
3Marketplaces
3Management Dashboards

TITLE TITLE

IN FOCUS
OF "DOGLAPAN"
WRITER &
BHARATPE'S
NEMESIS
ASHNEER GROVER, the ousted Co-founder
and MD of fintech unicorn BharatPe and
author of one of the best-selling books
titled 'Doglapan,' is facing a slew of legal
proceedings initiated by the company.
BY TLO DESK

IN FOCUS
B
haratPe has filed for arbitration
at the Singapore International
Arbitration Centre (SIAC) in order
to reclaim estranged co-founder
Ashneer Grover's restricted shareholding in
the company and right to use the founder
title. The company has also requested that
SIAC award Grover's unvested shares to
BharatPe co-founder and board member
Shashvat Nakrani for Rs 33 lakh in cash.
Grover owns approximately 8.5 percent of
BharatPe, 1.4% of which was not vested and
was released upon his resignation. BharatPe
was valued at $2.8 billion in its most recent
funding round in August of last year
(approximately Rs 23,000 crore at current
exchange rates). At that price, Grover's 1.4
percent unvested shares would be worth
around Rs 320 crore.
Grover had previously received a legal
notice for clawback and arbitration
proceedings from the company after
refusing to comply with the shareholder's
agreement. On March 2, fintech company
BharatPe fired co-founder Ashneer Grover
from all positions, accusing his family of
misappropriating the company's funds.
Following a civil suit in the Delhi High
Court and a criminal complaint with the
Economic Offences Wing, this is BharatPe's
third legal action against Grover. The
company sought Rs 83 crore in damages for
misappropriation of funds and Rs 5 crore in
damages for reputational harm caused by

IN FOCUS
Investor-founder relation in
India is one of master-slave"
- Fintech unicorn BharatPe
Co-Founder Ashneer Grover

IN FOCUS
WHO IS ASHNEER GROVER?

Mr. Grover was the Chief Financial Officer at Grofers, a grocery delivery service that
is now known as Blinkit, prior to co-founding BharatPe. He has also worked as an
investment banker for many years. Mr. Grover received his education at prestigious
institutions such as IIT Delhi and IIM Ahmedabad.
Grover's public statements in the civil suit. the company”.

According to BharatPe, external advisors An audio clip allegedly of Mr. Grover
reviewed the company's internal controls, abusing a Kotak Mahindra Bank employee
and Mr. Grover resigned shortly after learning for failing to secure funds to buy Nykaa
that the findings would be presented to the shares during the company's Initial Public
company's Board of Directors. The Grover Offering (IPO) surfaced online in early
family allegedly misappropriated funds by January 2022. The BharatPe co-founder
creating phoney vendors to syphon money dismissed the audio clip as fake. Following
away from the company's expense account the uproar, the company announced that
to fund lavish lifestyles. Mr. Grover had taken a leave of absence
Mr. Grover resigned from his posts of until the end of March.
managing director and a director of the Before his resignation, Mr. Grover's
board but added that he will continue as emergency plea against a review of how
the “single largest individual shareholder of the company was governed was rejected

IN FOCUS
MADHURI JAIN GROVER

Ousted head of
Controls at BharatPe

IN FOCUS
by the Singapore International Arbitration
BMW BIKES,
Centre (SIAC). In his plea, he claimed that
the members of the committee reviewing
IPADS, FOREIGN
the company's governance appeared
biassed. Mr. Grover's appeal was rejected
on all five grounds by the emergency
TRIP: BHARATPE arbitrator.
Since the audio clip was released,
LOLLYPOPS BharatPe has been at odds with co-

founder Mr. Grover. Madhuri Jain Grover,
Mr. Grover's wife and the head of controls
The first time BharatPe made headlines was
at BharatPe, was fired from the fintech
when it announced a hiring drive that was
company on allegations of money
almost unheard of in India. Employees who
laundering. She was accused of using
were chosen would receive expensive bikes
company money for family trips abroad
(read BMWs), iPads, international trips, and
and for paying her personal staff.
other benefits. It appeared that India was
Mr. Grover also appeared on an Indian
finally moving towards an employee-centered
television reality show promoting
economy. Ashneer Grover and Shashvat
entrepreneurship that aired around the
Nakrani co-founded BharatPe in 2018. It came
time the controversy erupted, attracting
at a time when UPI was finally being used
even more public attention. The BharatPe
for daily transactions by Indians. The issue of
co-founder was criticised on the show for
interoperability, on the other hand, created a
being an overly rude and harsh judge,
schism between the payee and the receiver.
raising concerns about the possibility of a
BharatPe proposed a solution by allowing
toxic work culture at his company.
shop owners to accept 'free' payments from
Ashneer Grover announced his
any UPI app. When you walked into a store
resignation in a letter on January 19,
those days, you were likely to see a BharatPe
roughly two weeks after the audio clip
logo in the centre of a universal QR code. This
surfaced. The timing of the leave made
code allowed one to make payments through
many people suspicious of what was
various UPI apps such as GPay, PhonePe,
going on at BharatPe.
Paytm, and others.
Around 10 days after Grover decided to
go on leave, his wife Madhuri Jain Grover
also went on leave. This also happened to
coincide with the start of an investigation
and an internal audit. The investigation
was carried out by Alvarez and Marshal, a
management consulting and risk advisory
firm. A few media outlets reported the
preliminary findings of the investigations
shortly after the announcement. While
the final report had yet to be submitted,
the preliminary investigation discovered
inconsistencies with vendors and the
recruitment process.
BharatPe was funnelling money through
fake HR consulting firms that were also

IN FOCUS
GROVER’S DOUBLESPEAK ON
HIRING EX-SBI CHAIRMAN
Grover stated in October last year when announcing the hiring of former SBI Chairman
Rajnish Kumar, "We look forward to invaluable guidance from Rajnish Kumar as we
build India's largest digital credit provider", "We are confident that under his capable
leadership, BharatPe will reach new heights". Grover's narrative quickly changed after
he landed in troubled waters. Making fun of Rajnish Kumar in a recent tweet, Grover
stated, "Rajnish Kumar was my biggest hiring mistake". Not only because of what
happened, but also because I overlooked information. In three years, SBI's stock has
dropped by 25%. (from Rs 257 to Rs 192). This equates to a loss of $8 billion in value. It
increased by Rs. 570 after he left (200 percent). "Data is never dogla!"
linked to one another. Many employees second time BharatPe was discovered to be
who appeared to have been hired through impersonating vendors. The first instance
these firms were also questioned. However, occurred in 2021, when the Directorate
they denied that any consultant firm was General of GST Intelligence (DGGI)
involved in the hiring process. discovered several non-existent vendors.
The leaked investigation also revealed In October, the DGGI also conducted a
that some of the vendors with whom the search at the company's headquarters. The
company was dealing were completely company later agreed to pay the fines and
fake, and the values associated with these penalties.
vendors were exaggerated. This was the According to a February 4 report, Ashneer

IN FOCUS
REACH OF BharatPe
BharatPe's services are used by over 75 lakh merchants in 150 cities. Mr. Grover
and Shashvat Nakrani co-founded the company in 2018 and offer fintech products
such as interoperable QR codes for payments and small business financing. Since
its inception, the company has facilitated the disbursement of over 3,000 crore
in loans to its merchants. To date, BharatPe has raised $ 178 million in equity and
debt. The company's current valuation is $2.8 billion.
Grover was also preparing to clash with the

board. Grover is said to have hired the Delhi- I am the rebel slave who must
based law firm Karanjawala & Co. to protect be hung by the tree so none of
his over 9% stake in the company. Grover had the other slaves can dare to be
previously reportedly demanded around like me ever again
Rs 4000 crore. Later, it was reported that
Ashneer Grover
Grover was looking to sell his stake before
in his resignation letter
the study's final results were released.
Later, Madhuri Jain Grover questioned
Alvarez and Marshal about the leaked The investigation's final report is expected
findings of their initial investigations. She to be released in the coming months. The
threatened to sue the firm after her name report could shed light on the fate of the
was revealed in the findings before the final payments company and "shark" Ashneer
verdict was announced. Grover. n

TITLE TITLE
POCSO ACT
POCSO ACT:
STILL A LONG
WAY TO GO...
POCSO ACT
R
ecognizing the importance
of children in our society,
the Indian Constitution has
included a number of provisions
to protect their rights and to eliminate all
forms of exploitation. Chapter III of the
Constitution, devoted to Fundamental
Rights, contains provisions allowing for
special measures.
Under Chapter III of the Constitution, a
recent amendment included a provision
for free and compulsory education for
all children aged 6 to 14. The chapter
also includes specific articles prohibiting
human trafficking and the use of children
in factories. The Constitution also directs
the government to work to improve
public health and provide early childhood
care. In order to achieve this goal, India
has also signed landmark treaties.
Despite these strong Constitutional
and international legal frameworks
aimed at protecting children's rights,
India did not have a specific provision
against child sexual abuse until 2012.
Even after independence, the criminal
law failed to recognise sexual assault and
child exploitation as distinct offences,
and these cases were tried under the
generic provisions for offences affecting
the human body and sexual offences.
These broad provisions were woefully
inadequate to address all cases of child
sexual exploitation.
While Section 375 of the Indian Penal
Code, 1860, criminalised sexual offences
The year 2022 marks 10 years since the against women, including penile and
POCSO Act came into effect in India. vaginal penetration, other forms of
aggravated sexual assault did not attract
However, the implementation of the Act
the provision for rape and were tried under
has faced several challenges along the way,
the provisions for unnatural offences
some of which have worsened over the or assault on a woman with intent to
years. The need for better implementation outrage her modesty. Furthermore, these
of the POCSO Act has been voiced by provisions did not make sexual assault
several High Courts as well as the Supreme and molestation of boys a crime.
Court, writes JAY P GUPTA The IPC offences intended to criminalise
sexual offences against women fell short

POCSO ACT
of addressing the complexities, social
impact, and mental impact of child
sexual exploitation. The 1973 Code of
Criminal Procedure did not account
FACT-SHEET for the needs of child witnesses who

were victims of sexual crimes and the
support they required to participate in
the criminal justice process.
How the judiciary has

Pendency across states are extremely implemented the POCSO Act?
varied. Three-fourths (77.77%) of POCSO It is important to remember that
cases filed between November 2012 to there are many actors who influence
February 2021 in Uttar Pradesh remain implementation, and thus the
pending. Whereas, Tamil Nadu at 80.2% responsibility for POCSO's success or
has the highest disposal rate of cases of failure should not be placed solely on
any state or union territory analysed by the judiciary's shoulders.
the study. The child protection system in
India is a complex one. While the
Indian Constitution, the Indian Penal
Code (IPC), 1860, and the Code of
Criminal Procedure (CrPC), 1973, the
Commissions for Protection of Child
Rights Act, 2005, all contain provisions
that affect the rights of children, the
system primarily lies at the cross-
section of two key legislations—the
Juvenile Justice (Care and Protection
of Children) Act, and the POCSO Act,
2012.
Section 28 of the POCSO Act
provides that for the purposes of
providing a speedy trial, the State
Government shall, in consultation with
the Chief Justice of the High Court,
by notification in the Official Gazette,
designate for each district, a Court of
Session to be a Special Court to try the
offences under the POCSO Act.
Since POCSO cases involving child
victims are highly sensitive, it was
hoped that Special Courts would not
only provide a speedy trial, but a child-
friendly atmosphere for the victims.
However, even after the enactment
of the POCSO Act and its coming into
force in 2012, designation of Special
Courts (as mandated by the Act) did

POCSO ACT
not happen at the expected pace.
States were lagging behind in
designating these courts causing the
Supreme Court to intervene. In 2018
FACT-SHEET the Supreme Court issued certain

directions so that the legislative intent
and the purpose of the POCSO Act are
actually fructified at the ground level.
It directed that Special Courts, as
n The report studies nearly 4,00,000 conceived under the POCSO Act,
cases spanning 28 states and union be established, if not already done.
Further, High Courts were ordered to
territories, interviewed stakeholders
ensure that cases registered under the
and studied judgments in a select
POCSO Act are tried and disposed of
sample of cases.
by Special Courts and the presiding
n Since the Act has come into force, for officers of these courts are sensitised
every conviction in a POCSO case, in the matters of child protection and
psychological response. Despite this
there are 3 acquittals. Acquittals are
judgment, Special Courts were not
significantly higher than convictions
designated in all districts.
in most States across India.
Expressing shock at the existing
state of affairs, in 2019, the Supreme
Court directed the Central and State
governments to take steps for creation
or assignment of dedicated courts to
try POCSO cases on top priority.
Taking note of the various issues
with the POCSO Act's implementation,
the Supreme Court directed that,
within 60 days of its order, the Central
and State governments establish
exclusive/designated POCSO courts
in all districts where there were more
than 100 POCSO cases. This deadline
for setting up these exclusive courts
was later extended to March 1, 2020.
Further, the Apex Court also ordered
that in districts having more than 300
POCSO cases pending, at least two
exclusive POCSO Courts shall be set
up. The Apex Court directed that these
courts would not try any other offence
except those under the POCSO Act.
It stated that such courts would be
established as part of a Central scheme
and would be funded by the Central
government. This fund would not only

POCSO ACT
cover the appointment of the Presiding
Officer, but also support personnel,
Special Public Prosecutors, court staff,
and infrastructure (such as the creation
of child-friendly environments and
vulnerable witnesses' deposition rooms).
FACT-SHEET
The Supreme Court issued special
instructions for the states of Uttar
Pradesh and West Bengal, describing the n Time taken for disposal of POCSO
situation as "deplorable." cases is often longer than the 1 year
Despite these orders, POCSO courts stipulated as per the Act. On average
have not been established in every it takes 509.78 days (1 year 5 months)
district across the country. As part of for a POCSO case to be disposed of.
the government's Fast Track Special
Courts Scheme, 408 POCSO courts have n Chandigarh and West Bengal are the
been established in 28 states as of 2022. only states where the average time
Despite the fact that Section 28 of the Act taken for disposal of POCSO cases is
only allows for the designation of Special within the stipulated time period as
Courts and not their establishment, the per Section 35 of the Act.
government has established exclusive
courts for POCSO cases due to the high n The evidence stage is the most time
number of cases pending. consuming of all stages. On average
Creating Special Courts and appointing a typical POCSO case takes 183.41
trained judges will not ensure the Act's days (over 6 months) to complete the
effective implementation. Finally, judges evidence stage. This again varies from
rely on the ability of Special Public state to state.
Prosecutors ('SPPs,' who must assist the
court by presenting the State's case and
evidence. Section 32(1) of the POCSO Act
states that the State Government shall
appoint an SPP for each Special Court by
notification in the Official Gazette for the
sole purpose of hearing cases under the
provisions of this Act.
A study by CCL-NLSIU found that
even when SPPs were designated, they
were not working exclusively on POCSO
cases, thus compromising the quality of
assistance rendered to victims.
The problem, however, is not simply
a lack of dedicated SPPs. The quality of
prosecutors' assistance has also been
heavily criticised. Even when Special
Public Prosecutors were appointed, it
was discovered that they were required
to handle non-POCSO cases as well. It
took the Supreme Court to confirm that

POCSO ACT
SOME OF THE KEY QUESTIONS

1. Has the POCSO Act achieved its goal of establishing a child-friendly
justice delivery system?
2. If not, what have been some of the major challenges to effective POCSO
Act implementation in India?
3. How has the higher judiciary interpreted key provisions of the POCSO Act
since 2012, and is there any inconsistency between the POCSO Act and
other legislation?
4. Have Special POCSO Courts (as designated by the POCSO Act) completed
POCSO trials within the statutorily prescribed one-year period?
5. How long does each stage of a POCSO trial take? What proportion of
POCSO cases result in acquittal and conviction? What are the most
frequently used POCSO Act provisions?
6. How have different states and districts fared on various parameters used
to evaluate the Act's implementation?

POCSO ACT
A SEVEN-AND-A-HALF-
MONTH-OLD GIRL LACKS
WOMANLY MODESTY!
FACT-SHEET n In State of Punjab v Major Singh, while
addressing the appeal in a child sexual
assault case where the accused was charged
There is huge interstate and intrastate with section 354 of IPC, assault with the
variation in the number of POCSO intent to outrage her modesty, the High
trials in India. For instance, in Himachal Court of Punjab acquitted the accused
Pradesh, reporting ranges from 0.91 holding that a girl of seven and a half months
does not possess womanly modesty, and
cases per 1,00,000 populations in Kullu
therefore, the provision does not apply to the
to 90.35 cases per 1,00,000 in Kinnaur. case. The Supreme Court later reversed this
decision.
n In November, 2022, it has been 10 years since
the POCSO Act came into force. 10 years is
a reasonable time period to adjudge how a
legislation has been functioning and how far
it is from achieving its stated objectives.
n This study by the Centre for Child and the
Law (CCL), National Law School of India
University, Bangalore (CCL- NLSIU) is aimed
at evaluating whether the POCSO Act has
achieved the purpose for which it was
enacted, i.e., expeditious disposal of cases in
a child-friendly justice delivery system.
n Since the Special Courts set up under the
POCSO Act perform a critical role in the
achievement of the above purpose, this
study is centred around data on POCSO
courts scraped from the eCourts website.
the language of Section 32 of the POCSO appointing special public prosecutors for
Act makes it clear that a special public a district, care should be taken to appoint
prosecutor appointed under the Act should persons who are dedicated to the cause of
not be involved in other cases. child rights and who, in addition to academic
Taking note of the prosecution's "abject qualifications, are oriented toward child
incompetence" in a POCSO case last year, the rights and sensitive to the needs of children.
Kerala High Court instituted a suo moto case Any hope for large-scale reform hinges on
to address the issue of public prosecutors' a concerted push by the above-mentioned
appointment. actors. Furthermore, it is critical to take
Because of the sensitivity of POCSO cases, an evidence-based approach to system
the Supreme Court has stated that when reform. n

FRANK SPEAK
We should
not be
emotional while
discussing the
use of language
in the court "
JUSTICE GOVIND MATHUR
Former Chief Justice, Allahabad High Court
What is your take on the language used in the the judgement or order be translated into Hindi
courts for the arguments? English is primarily if requested. I think that in the present scenario,
used for the argument, as it is in the Supreme the debate on the use of English in the Supreme
Court.Why can’t Hindi or other languages be Court is appropriate. At a time when the Supreme
used for judgement or argument? Court has so many responsibilities, the debate
over whether Hindi or any other regional language
Before initiating this debate, we have to see what
could be used in the apex court is appropriate at
the Constitutional provisions are in this regard.
this time.
Part 17 of our Constitution deals with the official
language. Article 348 deals with the language to How do you define the role of the media in the
be used in the Supreme Court and High Courts. judiciary and vice versa?
Article 348 expressly states that all proceedings in
Today, media is everywhere. In fact, media has
the Supreme Court must be conducted in English.
permeated every aspect of society. And the
There is a provision regarding the use of language
judiciary is no exception. Speaking of the role of
in the high court. Only after the President of India
the media in preserving judicial independence,
has given his approval can the governor of the
the media should not be biased. If the media
respective state issue a notification for the use
does effective reporting of the judgements and
of language. After the approval, the respective
judicial proceedings, it can prove to be very useful.
high court can officially use that language in
For this, the development of legal journalism
court. but not in the judgment, decree, or order.
becomes very important. The legal journalism
In my opinion, considering a country like India,
that can understand the Constitutional values
where state-specific languages differ, English is
and the objective condition of our country, above
the most appropriate language to be used in the
all, should report independently. Then only this
Supreme Court. To the best of my knowledge, the
medium will be a medium that will be an effective
Supreme Court has made it a requirement that
tool for making the judiciary independent. n

QUOTE - UNQUOTE
The first-generation
lawyer has to struggle for
seniors and placements.
Only a few bars help
them with placements
and stipends. The role of
the central government
is very important. If they
can provide a stipend to
new lawyers, this will be a
motivation for them.
ADV. JAGDEEP VATS

PRESIDENT PATIALA HOUSE BAR ASSOCIATION
QUOTE - UNQUOTE
Unnecessary criticism
should be avoided for both
the Judiciary and the media.
The media should also
play their role responsibly.
Sometimes the media gives
so much attention and hype
to the matter still pending
in the court. This is due to
the competition among the
media rivals, which must be
avoided.
ML LAHOTY
SR. ADVOCATE SUPREME COURT
QUOTE - UNQUOTE
Bhagwa colour and

obscenity has been mixed.
This clears the intent of the
movie maker of Pathan
movie. Be it freedom of
speech or freedom of
expression, then there is a
limitation for both of it. In
the song ‘Besharm Rang’,
the limit has crossed.
VINEET JINDAL
COMPLAINT & ADV. DELHI HC
QUOTE - UNQUOTE
According to my opinion,
if we discuss Singapore
or the US, as is the case
in other nations, only the
most serious offenders are
kept behind bars while the
others are freed on bond.
The same can be done here
because licence releases are
what those are known as.
SUNIL GUPTA
FORMER LAW OFFICER, TIHAR JAIL
EVENT
OF LEGAL
AWARENESS &
MEDIA INTERVENTION
Recently, at an event organised jointly by the Vibrant India
Foundation And The Legal Observer Magazine in Delhi, experts
from different fields deliberated on various dimensions of the legal
field as well as the media as a tool for advocacy of the country's
ongoing judicial process.
EVENT
T
he key point that was recently
discussed was a lack of legal
awareness and how to educate the
masses about it. The seminar also
addressed how to improve media-judiciary
coordination. The Legal Observer magazine's
literacy campaign was also launched on the
occasion.
Speaking at the event, Justice Iqbal Ahmad
Ansari, former Chief Justice of the Patna High
Court, said that any system's effectiveness is
determined by how well it is put into practise.
He was speaking about the current debate
over the collegium system.
According to Justice Ansari, the
appointment of Judge DY Chandrachud
is very significant for the judiciary and the
country. Justice Ansari praised The Legal
Observer’s efforts to raise legal awareness
and education, saying it was badly needed.
The public should understand not only
how the judicial process works, but also the
challenges that the institution faces.
Justice Shabihul Hasnain 'Shastri, a former
Allahabad High Court judge and current
DERC Chairperson, expressed concern about
the lower judiciary. He stated that whenever
the judiciary is discussed, the Supreme Court
and High Courts are mentioned but no one
mentions the lower courts. He also praised
The Legal Observer's efforts. He also stated
that the The Legal Observer's founders, Mr
Manoj Rastogi and Mr Neeraj Srivastava,
deserve all of the credit.
To a query raised by the seminar moderator
Manoj Rastogi, former IPS officer Mr. Uday
Sahay stated that now is the time for an online
FIR tool for women's empowerment. This will
contribute to a reduction in the number of
crimes committed against women. We have
spoken with police officials from various
states about this.
Participating in the discussion, IAPPD
General Secretary Manmohan Sharma stated
that our judicial system has a lot of work to
do. This institution must convince the general
public that the judicial system is working hard

EVENT
to ensure that justice is served to them.
Neeraj Srivastava, a waste water
management champion and co-founder
of TLO, emphasised the importance of the
legal literacy campaign. He also stated that
the campaign will be taken to Mumbal,
Allahabad, and Lucknow after Delhi. To
accomplish this goal, a free legal camp will
be organised. He also stated that young
lawyers and law graduates will be recruited
for this campaign.
When it comes to legal coverage, senior
journalist Mr Nazim Naqvi stated that there
is a void. Though the media is covering it,
a comprehensive and analytical approach
is lacking. The introduction of The Legal
Oberver provides the necessary coverage.
Former IAS officer Govind Swaroop said,
the appointment of Justice DY Chandrachud
has brought us a lot of sunshine. Not only do
I hope for this, but the entire country does.
The judiciary's credibility will rise to new
heights. Mr Swaroop praised the efforts of
Mr Manoj Rastogi and Mr Neeraj Srivastava,
saying their approach has paved the way for
in-depth and analytical legal reports and is a
must-read magazine.
Manoj Rastogi, Editor-in-Chief of the
Legal Observer, outlined the magazine's key
features and stated that this is an effort to
increase legal literacy and awareness. To
create a platform where the general public
can understand the complexities of the legal
system. Where the legal community is given
the respect they deserve. n

OFF-THE-CUFF
WHEN LAW
FAILED TO HANG
MURDER
CONVICT!
On November 15, 1884, in England,
the court sentenced John Lee to be
hanged for the murder of a woman.
On being sentenced, John Lee kept
shouting in the court that he was
innocent and that if there is a God,
he will definitely help him. John was
scheduled to be hanged on February
23, 1885.
B
efore the hanging, the condition and trapdoor of the scaffold did not open even today.
strength of the noose, rope, and plank The hanging was again postponed.
had been checked and tested so that The case was now in the hands of the
there would be no obstruction in the hanging. High Authority. Everything was thoroughly
Now John Lee was brought to the gallows. The investigated, so how is it possible for a person
executioner covered John Lee's face with a black to escape from the gallows three times? This
cloth and put a noose around his neck. As soon as had never happened before. But nothing was
the order was received, the executioner pressed found in the investigation.
the handle, but the trapdoor of the scaffold failed
The law had also bowed down before God.
to open. The hanging was postponed for a day.
and John Lee was released. The British law failed
After this, the investigation started. And as a test,
because they realised the power of God and the
an effigy weighing the same as John Lee was
innocence of John Lee.
hanged. The trapdoor of the scaffold opened.
After his release, John Lee moved to London
John Lee was again brought to the gallows
with his family. Often, when people asked
the next day, and the gallows did not open that
questions, John Lee used to say that, at the time
day either. The hanging was postponed once
of hanging, he used to feel a wonderful divine
again. The effigy was brought back, hung, and
light. This light was invisible only after the black
the throne opened.
cloth was removed. Following this, John Lee
For the third time, John was led to the gallows. became involved in social service and charity.
The executioner pressed the lever, but the John Lee passed away at the age of 80.

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CAN JUSTICE "DOGLAPAN" WRITER &

OFF PRINT EDITION R5100/-

EXPERIENCE Legal DIGITAL

Manoj Rastogi COLUMNIST BOARD OF ADVISORS

VIEW POINT 30-35

LEGAL TECH 39-45

QUOTE - UNQUOTE 64-67

Abhay Gupta Amit Pandey columnists are their views

* COMPLIMENTARY COPY NOT FOR SALE.

PREZ DROUPADI MURMU'S

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6 DEC 2022 | www.thelegalobserver.com

MARRIED WOMAN CAN’T Recently, the Jharkhand HC ruled that married

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8 DEC 2022 | www.thelegalobserver.com

The Madras High Court has reserved its decision

FIRST DEATH SENTENCE

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I didn't get an offer to

EXCERPTS: Do you think seniors are as protective,

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Have you ever had a case where you

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www.thelegalobserver.com | DEC 2022 13

JUSTICE DIPANKAR DATTA

The Collegium, led by Justice (Retd.) UU Lalit, recommended Justice

14 DEC 2022 | www.thelegalobserver.com

NATIONAL JUDICIAL COMMISSION

A private member bill, the National Judicial

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PREZ ECHOES PLIGHT OF

"While those accused of serious

L INMATES www.thelegalobserver.com | DEC 2022 17

18 DEC 2022 | www.thelegalobserver.com

- President Droupadi Murmu.

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reform implementation has been lax, and

" As President Murmu correctly

20 DEC 2022 | www.thelegalobserver.com

Total Convicted * As per data provided

UNDERTRIAL PRISONERS IN CONVICTED PRISONERS IN

Detenues, Others, 547, 0.1%

Total Inmates * As per data provided by

SHARE OF CONVICTS, UNDERTRIAL

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" To address the key issues JUSTICE AMITAVA

three-member committee led by former

22 DEC 2022 | www.thelegalobserver.com

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24 DEC 2022 | www.thelegalobserver.com

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26 DEC 2022 | www.thelegalobserver.com

imprisoned for many years just for slapping," she

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28 DEC 2022 | www.thelegalobserver.com

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ABOUT THE WRITER

30 DEC 2022 | www.thelegalobserver.com

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