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Rising Concerns About India's Judiciary

Rising Concerns About India's Judiciary
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Can the judiciary be free from politicisation?

CJ Hassan’s open expression of the desire to not politicise the judiciary is significant. ....

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Judicial restraint

The issue of exercise of right of freedom of speech and expression by a sitting judge boils down to two questions: (i) is there any specific law imposing any restrictions on his freedom of speech and expression? and (ii) does an interview given to a print or electronic media by him in respect of cases which are being heard by him fall into any of those restrictions? ....

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Can Judges Dispense Gender Justice While Expressing Views That Go Against It?

Can Judges Dispense Gender Justice While Expressing Views That Go Against It?
When the highest constitutional court indicates that an offence of rape can be compounded or mitigated, contrary to the law, it sends a dangerous signal to all sexual offenders that marrying the victim would grant them amnesty.
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Women04/Mar/2021
The persistent prevalence of patriarchal prejudices and misogyny appears to have been in full display when the Chief Justice of India asked the serialÂ rapist of a minor girl whether he would marry her.
The man to whom this question was posed was facing charges of penetrative sexual assault under the Protection of Children from Sexual Offences Act, 2012 and rape, criminal intimidation under Sections 376, 417, 506 of the Indian Penal Code. He had been accused of clandestinely entering the house of the victim survivor, a distant relative, when she was alone, gagging and tying her hands and ....

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