Tag: #SupremeCourtjudgement

CASE NUMBER

Writ Petition (crl.) 208 of 2004

EQUIVALENT CITATION

AIR 2006 SC 2522; (2006) 5 SCC 475; 2006 (56) ACC 234

BENCH

Justice Ashok Bhan & Justice Markandey Katju

DECIDED ON

07 July 2006

RELEVANT ACTS

The Code of Criminal Procedure, 1951; The Indian Constitution, 1950; The Indian Penal Code, 1860

BRIEF FACTS

The petitioner, Lata, is a 27-year woman who was pursuing her Master’s course in Hindi at Lucknow University. Due to the sudden demise of her parents, she had been living with her brother Ajay Pratap Singh at LDA Colony, Kanpur Road, Lucknow where she finished her intermediate in 1997 and graduated in 2000. The petitioner of her own free will left her brother’s house and married Bramha Nand Gupta at Arya Samaj Mandir. The petitioner’s husband had a business in Delhi and there has been a child out of this wedlock.

On 4^th November 2000, a missing person report was lodged at Sarojini Nagar Police Station, Lucknow by the petitioner’s brother. The police arrested the two sisters (Sangita Gupta, and Mamta Gupta), Rakesh Gupta (husband of Mamta Gupta), and the cousin of the petitioner’s husband (Kallu Gupta). It was alleged that Ajay Pratap Singh, Shashi Pratap Singh, and Anand Pratap Singh (brothers of the petitioner) were furious as the petitioner has undergone an inter-caste marriage. It was further alleged by the petitioner that her brothers have attacked the paternal residence of her husband, beaten up her husband’s mother and uncle, and created chaos in their house. It was also stated by the petitioner that they have cut away the harvest crops of the agricultural field of the petitioner’s husband and sold it and forcibly acquired the field. The Gupta helmet shop of the petitioner’s husband was also forcefully possessed by the petitioner’s brothers. It was further stated that they were threatening to kill the petitioner’s family members and also her.

They also filed a police report alleging the kidnapping of the petitioner against her husband and his relatives at Sarojini Nagar Police Station, Lucknow. On 17^th December 2000, Mamta, Sangita, and Rakesh were arrested while Kallu Gupta was arrested on 2^nd December 2000. Though there wasn’t any case instigated against them, their lives were spoiled. The petitioner went to safeguard her spouse and relatives from her brothers’ persecution. She feared for her and her husband’s lives and approached Rajasthan Women Commission, Jaipur. The Commission recorded her statement and sent it to the Superintendent of Police.

The final report was filed in Sarojini Nagar Police station by the SHO before the learned Judicial Magistrate. On 16^th May 2001, the Sessions Judge granted the petitioner’s husband and his relatives, bail on the personal bond mentioning that no offence has been committed by the accused persons. It was observed that neither was there any offence nor the accused involved in the offence. The SP Lucknow informed the National Human Rights Commission that all the accused were being released from jail on 17^th May 2001.

The Investigating Officer has recorded the statement of Lata Singh on 28 May 2001 where, she stated that she has married Bramha Nand Gupta at her own will and she was not coerced or forced to do so and also, she was provided with armed security. The petitioner’s statement was recorded under Section 164 of Cr.P.C. Despite her statement, the Chief Judicial Magistrate passed a committal order on 15^th October 2001, ignoring the fact that the final report had already been filed by the police. A protest petition was filed against the final report alleging that the petitioner was mentally unfit. On being medically examined by the Board of Doctors of Psychiatric Centre, Jaipur, it was found that the petitioner was not suffering from any sort of mental illness.

The Fast Track Court, Lucknow, issued non-bailable warrants against all four accused, and the accused filed a petition under Section 482 Cr.P.C. in the Allahabad High Court (Lucknow Bench), which was registered as Crl. Misc. No. 520/2003. The High Court ordered the accused to appear before the Sessions Judge, who would determine if an offense was committed. It was alleged by the petitioner that there is a threat to her life. It was further stated by her that there has been irreplaceable damage to her and her husband’s family because of her brothers who had a problem with an inter-caste marriage.

ISSUE

Whether the writ petition under Article 32 of the Constitution of India filed with the prayer to issue a writ of certiorari and /or mandamus to quash the Sessions Trial No. 1201 of 2001 under Sections 366 and 368 of the Indian Penal Code arising out of FIR No. 336 of 2000 registered, maintainable?

JUDGMENT

The Hon’ble Supreme Court allowed the writ petition under Article 32 of the Indian Constitution and the Sessions Trial No. 1201 of 2001 under Sections 366 and 368 of the Indian Penal Code arising out of FIR No. 336 of 2000 was quashed. It was further stated by the court to the police to take action against anyone who threatens or harasses or performs any violence against the petitioner or the petitioner’s husband or relatives of the petitioner’s husband in accordance with the law. It was observed by the court that the Hindu Marriage Act does not constrain anyone from carrying out an inter-caste marriage. In light of the petition’s claims, the criminal procedure was ordered by the High Court to be launched immediately against the petitioner’s brothers and others involved.

CONCLUSION

The case of Lata Singh v. State of Uttar Pradesh & Anr is a landmark judgment that has clarified the validity of inter-caste marriages. It can be observed from the court’s decision that any person who is a major has a right to choose the partner of their choice. It can be further considered to be a part of Article 21 of the Indian Constitution. The act of violence caused by the family members due to the inter-caste or different religion marriage is considered to be a barbaric practice which is unjust as it would be a curtailment of the fundamental right of a person because of some people’s feudal mindsets.

The court further opinionated that a family having a problem with such marriages can stop maintaining social relations with the couple and leave them but they do not have the authority to instigate violence against the married couple for that.  The court stated “In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major, he or she can marry whosoever he/she likes.”

India’s deep-rooted casteism and religionism are obstacles to a progressive nation. It is important to protect the interests of the youth who are carrying out inter-caste or different religion marriages as they pave the way to discard the toxic discrimination present within India. This landmark judgment has clarified that the Hindu Marriage Act does not prohibit inter-caste marriage and it has made it clear that major women marrying outside their caste is not wrong or prohibited by the law.

This article is written by K. Mihira Chakravarthy, 2^nd year B.A. L.L.B. student from Damodaram Sanjivayya National Law University (DSNLU).

-Report by Monishka Allahbadi

The Supreme Court recently granted pre-arrest bail to a man accused of rape. An FIR for the crime of repeatedly committing rape on the same lady (Section 376(2)(n)) was filed against an accused.

In the case of ANSAAR MOHAMMAD v. THE STATE OF RAJASTHAN & ANR, an appeal was preferred before the Supreme Court bench of Justices Hemant Gupta and Vikram Nath about the Rajasthan High Court’s decision denying an anticipatory bail.

The complainant had admitted that she had been in a four-year relationship with the appellant. Additionally, it was stated by the complainant’s attorney that she was 21 years old at the time the connection started.

An application for pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973 was denied for offenses under Sections 376(2)(n), 377, and 506 IPC by the Rajasthan High Court. Ansaar Mohammad filed a petition with the Supreme Court to overturn this decision. The Apex court granted anticipatory bail to the accused.

“we allow the present appeal and set aside the order of the High Court. The appellant is ordered to be released on bail to the satisfaction of the competent authority. It is made clear that the observations in the present order are only for the purposes of deciding the pre-arrest bail application. The investigation shall proceed uninfluenced by the observations made in the present order.”

All pending applications in relation to the bail application were also disposed of.

While allowing an appeal for a partition suit, the Supreme Court said that there is a trend of delay in initiating final decree proceedings.

The plaintiffs, in this case, had filed for a partition, claiming half a share in the property. The property belonged to Kattukandi Edathil Kanaran Vaidyar. He had four sons, Damodaran, Achuthan, Sekharan and Narayanan. Achuthan had one son Karunakaran. Sekharan and Narayan did not have any sons. Damodar had married Chiruthakutty and they both had a son out of wedlock. The son of Damodar is the first plaintiff in this case. It was contended by the defendants that Damodar did not marry and therefore, the plaintiffs should not get any share in the property.

The Trial Court had framed issues and upon examination of the evidence, it had concluded that Damodar had married Chiruthakutty and the first plaintiff is their son. The trial court had accordingly passed a preliminary decree in the favour of the plaintiffs.

The defendants filed an appeal before the High Court where it was held that the first plaintiff is the son of Damodaram, however, he is an illegitimate child. The appeal had been filed before the Supreme Court challenging this order. A lot of evidence was examined by the Hon’ble Court and on the basis of which the court said:

“The documents produced by the plaintiffs were in existence long before the controversy arose between the parties.
These documents, coupled with the evidence of PW­2, would show the long duration of cohabitation between Damodaran and Chiruthakutty as husband and wife……..27. We have also perused the evidence of the defendants. We are of the view that the defendants have failed to rebut the presumption in favour of a marriage between Damodaran and Chiruthakutty on account of their long co­habitation.”

The Supreme Court relied on a number of judgments and observed that when a man and woman have been living for a long time, it is usually presumed that they are married. Though the presumption is rebuttable, the burden lies on those who want to rebut this presumption. In the present case, the defendants have failed to rebut the presumption that no marriage took place between Damodaran and Chiruthakutty. On the other the documents produced by the plaintiffs proved it. In light of the above, Supreme Court allowed the appeal and restored the order of the Trial Court.

The Hon’ble court then went on to observe that, the litigants take a lot of time in moving an application for preparation of a final decree after a preliminary decree has been passed. The court relied on the observations it had made in the case of Shub Karan Bubna and said that this practice should be discouraged as it delays the realization of the fruits of the decree. It was observed:

” We are of the view that once a preliminary decree is passed by the Trial Court, the court should proceed with the case for drawing up the final decree suo motu. After passing of the preliminary decree, the Trial Court has to list the matter for taking steps under Order XX Rule 18 of the CPC. The courts should not adjourn the matter sine die, as has been done in the instant case. There is also no need to file a separate final decree proceeding. In the same suit, the court should allow the concerned party to file an appropriate application for drawing up the final decree. Needless to state
that the suit comes to an end only when a final decree is drawn.”

It further directed the Trial Court to suo-moto start the proceedings for possession of the property without any separate proceedings and a copy of this judgment has to be sent to all registrar generals of the High Court, who then have to circulate it further to the trial courts.

case: KATTUKANDI EDATHIL KRISHNAN & ANR. vs. KATTUKANDI EDATHIL VALSAN & ORS.

https://main.sci.gov.in/supremecourt/2009/15653/15653_2009_2_1501_36142_Judgement_13-Jun-2022.pdf

This case was for the custody of a 5-year-old boy who had lost both his parents in the COVID-19 pandemic. His grandparents had approached the High Court by filing a writ of Habeas Corpus. However, the High Court had granted the custody to the boy’s maternal aunt, who would not let the grandparents to come to the house or even meet their grandson.

Aggrieved by the decision, the grandparents had approached the Supreme Court. The Hon’ble Apex Court heard both sides and granted the custody to his grandparents.

The High Court has granted the custody to the maternal aunt on the basis that she is 46 years of age and has a stable government job. Further, she is unmarried and lives in a joint family. On the other hand, the grandfather of the child is 71 years old and a retired government employee. After comparing the situation, the High Court considered that it would be beneficial for the upbringing of the child if he lived with the maternal aunt.

However, the Supreme Court observed the above grounds are relevant but not germane. One cannot presume that the maternal aunt being young and financially stable, would take better care of the child than the grandparents. It was observed:

“One should not doubt the capacity and/or ability of the paternal grandparents to take care of their grandson. It is said that the grandparents love the interest rather than the principle. Emotionally also the grandparents will always take care better care of their grandson. Grand Parents are more attached emotionally with grandchildren………………… Being a retired person, the paternal grandparents would devote more time and take care of minor better than the maternal aunt who is serving in the government department. Income and/or the age and/or the bigger family cannot be the sole criteria to tilt the balance and not to give the custody of the grandson to the paternal grandparents.”

The Supreme Court held that if a balance is formed between the aunt and grandparents, it would certainly tilt in the favor of the grandparents. Even the minor has expressed his interest in living with his grandparents. However, while granting the custody, the Supreme Court observed that this decision does not question the ability of the maternal aunt to take proper care of the child. The decision will be subject to the final order of the proceedings under section 7 of the Guardians and wards act which is currently pending. The Hon’ble court requested the families to forget the past, act cordially and move forward for the sake of the child.

case: Swaminathan Kunchu Acharya vs State of Gujarat & Ors.

https://main.sci.gov.in/supremecourt/2022/17274/17274_2022_2_1_36139_Judgement_09-Jun-2022.pdf

Case Number

Criminal Appeal No. 329/2021

Equivalent Citation

2021 SCC OnLine SC 230

Bench

• Justice S Ravindra Bhat
• Justice AM Khanwilkar

Decided On

March 18, 2021

Relevant Act/Sections

• Section 376 of the Indian Penal Code, 1860
• Section 506 of the Indian Penal Code, 1860

Brief Facts & Procedural History

The petition was filed by Advocate Aparna Bhat and eight other lawyers in response to an unjustified order issued by the Madhya Pradesh High Court on July 30, in which the accused of sexual assault was ordered to visit the victim’s home on the occasion of Raksha Bandhan with Rakhi and be tied by her as a condition of bail. The accused, who is a neighbour of the complainant Sarda Bai, entered her house on April 20, 2020, and attempted to sexually harass her, prompting the filing of (hereafter referred to as IPC). After the case was investigated, a charge sheet was filed. Under section 438 of the Code of Criminal Procedure, the accused filed an application for anticipatory bail (hereafter referred to as Cr.P.C.) The accused was granted bail by the Madhya Pradesh High Court on the affliction that he and his wife visit Sarda Bai’s house on the occasion of Raksha Bandhan on August 3, 2020, with a package of sweets and ask her to tie the Rakhi to him with the pledge that he will protect her to the best of his ability in the future. The accused was also directed to hand up Rs. 11,000 as a gesture of gift given by brothers to their sisters as part of the customary Raksha Bandhan rites, which the petitioners have challenged before the Hon’ble Supreme Court.

The petitioner filed a writ plea in the Supreme Court of India against the Madhya Pradesh High Court’s order. The following prayers were included in the petition:

1. The Supreme Court directed the High Courts and trial courts not to make such observations in situations of rape and sexual assault which would trivialize the anguish endured by the victim and impair their dignity.
2. The courts should not aim at compromises such as encouraging marriage between the accused and the prosecutrix and it should not be considered a judicial remedy. Compromises like this go against a woman’s honour and dignity. The petitioner cited the case of State of Madhya Pradesh v. Madanlal¹ in support of his claim.
3. The appellants further urged that no judge make any remarks or observations in the ruling that would reflect their prejudices and harm the woman’s dignity.
4. In circumstances of sexual assault, no such restriction should be imposed that permits the applicant to see the complainant or her family members. The court was requested to provide gender sensitization directives for the bar and bench, as well as law students.
5. Also, under Sections 437 and 438 of the Cr. P.C, the court was asked to set instructions on legally feasible bail terms.

Issues before the Court

• Can a compromise be struck between the accused and the victim in such instances?
• Is it acceptable for courts to issue such orders, and if so, what effect will such judgments have on society?
• Do such directions constitute to conduct of the trial in an unfair manner?
• Can the accused be permitted to meet the survivor or any of the members of her family?
• What, most importantly, should be the guidelines that courts should follow when granting bail and anticipatory bail?

Decision of the Court

In rape and sexual assault cases, the court clarified that no compromise can be made or even considered under any circumstances because it would be against her honour. Courts and other law enforcement authorities are intended to be neutral agencies and are tasked to guarantee the fair conduct of the trial by preserving impartiality and neutrality. And such techniques in rape and sexual assault trials would shatter rape survivors’ faith in the court’s impartiality. The court also noted that women’s status and society’s attitude toward them are both poor, and they suffer greatly. They are already experiencing numerous problems in their life for being a woman in our culture.

Judgements set precedents that the entire society adopts at different stages: By judicial decree, orders such as tying Rakhi on the accused’s wrist transform the molesters into brothers, reducing and degrading the charge of sexual harassment. Therefore, the use of reasoning/language which lessens the offence and seeks to belittle the victim is notably to be avoided under all circumstances. The law does not allow or condone such behaviour, in which the survivor may be traumatized several times or forced into some form of non-voluntary acceptance, or be pushed by circumstances to accept and condone behaviour that is a major violation.

The petitioners urged that the High Court’s decision should be overturned. The petitioners argued that Sections 437 (3)(c) and 438(2)(iv) of the CrPC permit courts to impose whatever condition they see proper in the public interest, but that the conditions must be consistent with the other provisions. When considering cases of rape and sexual assault, the court in Ramphal v. State of Haryana² concluded that compromise is irrelevant. The petitioner also requested that no judgement or order be passed by the court that could affect the dignity of women or the fair and unbiased conduct of trials, citing several cases where the apex court has rejected the idea of compromise on the grounds that it is antithetical to the woman’s honour and dignity and that it disparages and downgrades otherwise heinous crimes, implying that such offences are remediable by the judicial system.

The intervenors’ counsel argued that the court had the competence to impose sanctions under Sections 437(2) and 438. Requirements come in a broad variety of forms, and the court cited a number of cases in which judges imposed specific conditions for granting bail.

In its order, the Supreme Court framed various guidelines. These are as follows:

1. Contact between the accused and the complainant should never be allowed as a condition of bail, and if bail is granted, the complainant should be informed as soon as possible, along with a copy of the bail order being delivered to her within two days.
2. Bail conditions must precisely adhere to the stipulations of the Cr.P.C., and the order shall not represent patriarchal attitudes toward women.
3. Any offer to the accused and victim for a compromise, such as getting married or mandating mediation, should be ignored since it is outside the court’s authority.
4. The court has ordered a module as part of every judge’s basic training to ensure that judges are sensitive while considering cases involving sexual offenses and to minimize ingrained societal bias and sexism.
5. The National Judicial Academy has also been urged to integrate gender sanitization as soon as feasible in the training of young judges.
6. Similarly, the Bar Council of India has been mandated to incorporate gender sanitization in the LL.B. curriculum and as a mandatory topic in the All-India Bar Exam syllabus.

The Supreme Court commended the petitioner for his insightful ideas and overturned the Madhya Pradesh High Court’s bail terms. The court has established certain criteria in this regard. It also agreed to the recommendations for a gender sensitization curriculum in law schools, as well as for the bar exam and introduction training for newly appointed judges.

Conclusion

The victims of sexual abuse have always been blamed on Indian society. Women have been questioned repeatedly about their behavior, clothing choices, attitude, and when they plan to leave their homes. During trials, judges have frequently reinforced this practice by questioning the victim and making remarks that stereotype particular behaviors and threaten to disrupt the trial. With the Supreme Court openly criticizing such behavior on the part of the courts, hope for judicial reform has been reignited. Gender sensitization seminars will also aid in raising awareness of the issue among legal professionals.

By delivering this order, the Supreme Court has established a significant precedent for courts to follow in dealing with sexual assault victims in the future. Discussing the faults of a patriarchal culture has set an example for its enormous audience. This will go down in history as a significant step toward women’s independence. It is hoped that if the standards are followed, we will not see such arbitrary conditions in judicial orders in the future.

Almost certainly that judges assume the most essential part as the educator, as the defender, and as the watchman, and anything they say turns into the points of reference that is then trailed by lower courts in their decisions, and consequently it turns out to be vital for the judges to take the most extensive level of care while offering any expression which influences the actual premise of legal executive and confidence of individuals. In cases connected with the assemblage of ladies and particularly in sexual offenses cases, even little mistakes either as a judgment or any assertion made by courts might prompt genuine offense against the survivors. There have been different examples of orientation related cases as of late when courts have believed the victim to make split the difference by permitting the accused to marry her or as in the present case by requesting him to get Rakhi tied on his wrist by the victim or by making some other split the difference as the court might coordinate. Such translations are horrendous in nature and show the quality of judges towards the ladies yet as it is said Judiciary is a self-recuperating process, present judgment by Supreme Court validated the explanation. Outlining the guidelines for orientation sterilization and adding it to the curriculum of LLB will assist the legal advisors with instilling the impartial and nonpartisan quality towards the ladies which will most likely assist the victims in fair direct preliminary with practically no dread on their part.

Intentional or otherwise, such comments by trial courts and high courts should be avoided at all costs. Judicial stereotyping is another term for this. When judges attach specific attributes to someone based on their gender, religion, caste, or race, this is known as judicial stereotyping. Judges often reinforce hazardous prejudices as a result of this, rather than questioning them as they are intended to. Because of the vast audience that court declarations serve; such remarks can have a greater social impact. Stereotyping also has the potential to undermine the judge’s impartiality, obstructing a fair trial. Creating rape myths or an idealized picture of a sexual assault victim also undermines the incident’s credibility and the harm suffered by survivors of sexual assault who do not fit the public image of a chaste lady.

Women are underrepresented in the legal profession, and women lawyers frequently experience discrimination and discriminatory remarks. As a result, in order to assure gender-biased-free judgments, the first step should be to create an equal environment within the institution and raise awareness about the issue. The answer to these ills comes from public discourse and keeping organizations with the potential to make a difference responsible. Such sexist judgments should be condemned and held up as an example of what is not acceptable behavior.

Citations:

1. (2015) 7 SCC 681
2. 2019 SC 1716

This case analysis is done by Arryan Mohanty, a 2nd Year Student student of Symbiosis Law School.

INTRODUCTION

India is one of the largest democracies in the world and in this country we follow the concept of the universal adult franchise which means a person above 18 years of age has a right to vote irrespective of their caste, colour, creed, religion, or gender. We elect our representative by giving a vote but what if we have to choose our representative among the persons with severe criminal records. In India, nowadays criminalization of politics becomes very common which means a person participating in an election is having a criminal record. This is the biggest irony out here where the ‘lawbreakers become the lawmakers’. This disrupts the roots of democracy where it is difficult to become even a peon with criminal records. On the other hand, people become ministers and represent the country with criminal records.

The number of politicians with criminal records is increasing day by day, which is a serious concern for the public. The data was provided by the Association of Democratic reform [ADR] reports in which it was stated that the elected Lok Sabha candidates in the year 2019 out of the 43% had criminal charges against them which is a nearly 26% increase concerning the elections of 2014.

The report by the ADR in collaboration with the national eye watch in which it was published that in the year 2009, 543 members were elected for Lok Sabha elections out of which 162 (30%) of them had criminal charges and 76 i.e 14% had severe criminal charges against them like murder, rape, kidnapping, etc. Also, in the 2014 Lok Sabha elections, 539 candidates were elected out of which 233 (43%) had criminal charges against them and 159 i.e 29% had serious criminal charges against them.

LAWS IN INDIA AGAINST THE CRIMINALISATION OF POLITICS

Some articles in our Indian constitution are against the criminalization of politics and those articles are

• ARTICLE 327
  Article 327 of the Indian constitution gives the right to the parliament to make provisions on the subject matter related to elections for either house of the parliament or for the legislature of a state._¹
• ARTICLE 102
  Article 102 of the Indian constitution deals with the disqualification of members from the elections of either house of the parliament on certain grounds which are mentioned under this article.²
• ARTICLE 191
  Article 191 of the Indian constitution also deals with the disqualification of members from the election but from the legislative assembly or legislative council of the state if they fall under the category mentioned under the article.³

EFFECTS OF CRIMINALISATION OF POLITICS

• AGAINST THE FREE AND FAIR ELECTIONS PRINCIPLE
  The candidates often use their muscle and money power which means they have the ability to finance their own elections and largely due to public image they try to gain votes. This demeans the principle of free and fair election as it limits the choice of electing a deserving candidate.
• AFFECTING GOOD GOVERNANCE
  The main issue is that lawbreakers become lawmakers, which undermines the democratic process’ ability to offer decent government. The structure of India’s state institutions and the quality of its elected representatives are reflected in these undesirable democratic tendencies.
• AFFECTING UPRIGHTNESS AMONG PUBLIC SERVANTS
  Corruption caused during elections due to the circulation of money during and after elections causes disruption in the working of public servants and thus, results in increasing corruption.
• CAUSES SOCIAL DISHARMONY
  Electing representatives who have a criminal record creates a bad precedent for the youth and also causes social disharmony and violence in society. This demeans the meaning of democracy in the eyes of the general public.

REASONS FOR CRIMINALISATION OF POLITICS

• LACK OF POLITICAL WILL
  Political parties don’t show any will or interest in curbing the criminalization of politics. Until now, efforts made towards this issue were made by the supreme court and the election commission of India. However, parliament must revise the Representation of the People (RPA) Act 1951⁴, which governs the disqualification of candidates who have been charged with serious crimes and have been found guilty in court.
• LACK OF ENFORCEMENT
  Making strict laws and regulations or passing judgment will not affect much until and unless implemented properly.
• NARROW SELF INTEREST
  Sometimes general public may focus on caste or religion criteria for casting vote and they may not be interested in checking the history or criminal record of the candidate. So, publishing criminal reports of the candidates is not enough to curb the criminalization of politics.
• USE OF MUSCLE AND MONEY POWER
  Candidates gain votes due to their muscle power and money power, despite having serious criminal records they use their identity and finance their election to gain votes. Furthermore, when all contesting candidates have criminal backgrounds, voters are sometimes left with no options.

CASE LAWS

UNION OF INDIA VS ASSOCIATION FOR DEMOCRATIC REFORMS AND ANR.
The association for democratic reforms filed a petition in the Delhi high court for the recommendations on how to make elections fairer, and transparent. The law commission produced some recommendations which are that the candidates should disclose their criminal history, educational qualifications, financial details, and other personal information on their websites. After this, the union of India challenged the petition in the supreme court of India that the high court voters did not have a right to such information. The court held that the right to know is a derived right from the right to freedom of expression and speech. Because such rights include the right to have opinions and collect information in order to be appropriately educated in formulating and distributing those opinions throughout the election process, the public has a right to know about candidates running for election. The Court elaborated on this argument by stating that a good democracy strives for an “aware citizenry,” and that any kind of misinformation or lack of information will result in a “uniformed citizenry,” rendering democracy a charade.⁵

PEOPLE’S UNION OF CIVIL LIBERTIES [PUCL] V. UNION OF INDIA
The people’s union of civil liberties [PUCL] challenged the validity of section 338 of the representation of people’s act, 1951 which says that a candidate is not allowed to disclose any personal information. The PUCL contended that it was a violation of Article 19(1)(a). the apex court held that the candidates should provide information about themselves to the voters. The basic information provided by the candidates can affect the decision of the voters. Furthermore, freedom of expression encompasses not just verbal and written communication but also voting. The expression of opinion through the final act of casting a ballot is part of the fundamental right of freedom of speech and expression under Article 19(1), even though the right to vote is not a fundamental right in and of itself. The apex court concluded that section 33B of the representation of people act, 1951 was unconstitutional.⁶

LILY THOMAS VS UNION OF INDIA
In this case, a writ petition was filed by the Lily Thomas and an advocate Satya Narain Shukla before the apex court for the purpose of challenging section 8(4) of the Representation of the people’s act which safeguards the convicted politicians from any kind of election disqualification based on pending appeals against their conviction in the appellate court. This petition was not allowed for 9 years and later, in July 2013 the supreme court finally passed a verdict in which it was held that the MP and MLA whether they are elected or not elected would be disqualified if they have criminal allegations against them by the trial court and the saving clause under section 8(4) will not be applicable.⁷

PUBLIC INTEREST FOUNDATION V. UNION OF INDIA
In this case, in the year 2011, the petition was filed by the BJP leader Ashwini Upadhyay and the NGO public interest foundation before the apex court to seek directions regarding the criminalization of politics and debarring them to contesting elections. The issue was whether the court can put any restriction on membership of parliament beyond article 102(a) to (d) and parliament’s legislation under Article 102(e). the court held that the debarring candidate to contest the election solely on the basis that they have a criminal record is wrong. The court directed them to fill out the form circulated by the election commission and the form must contain all the information. The candidate has to notify the party regarding criminal proceedings if he or she has against them while buying a ticket of a specific party. The political party has to update their website and to put regarding any criminal proceedings are pending against them and also make them publish in the newspapers and also to make huge publicity on electronic media.⁸

RECENT DECISION

The supreme court of India passed a judgment related to the criminalization of politics recently in February 2020 in which it was held that the political party has to update their websites regarding criminal history against the candidates and such information has to be published in even local and national newspaper. In October 2020, Bihar was the first election that followed the supreme court guidelines. This was done to preserve the purity of elections in the country and to provide voters with a fair choice to choose.

CONCLUSION

Till today what has been done regarding curbing the criminalization of politics has been done by the supreme court and the election commission. The parliament has to show some interest to make changes in the representation of people’s acts. The alone judiciary will not be enough effective in dealing with this issue.

In conclusion, the information regarding criminal history, financial authority, and educational qualifications of the candidates should be made available to the voters. So, that they can make the right choice and the elections conducted could be fair and transparent and the voters were given fair choice to choose candidates from them. Though information should be provided to the voters and it is important also but there should be a thin line between information provided to the voters and the rights of the candidates.

References:

1. The Indian constitution, 1950, art.327
2. The Indian constitution, 1950, art. 102
3. The Indian constitution, 1950, art. 191
4. The Representation of people act, 1951.
5. Union of India v. Association for democratic reforms and anr, (2002) 5 SCC 294.
6. People’s union of civil liberties V. Union of India, [WP (C) NO. 196/2001]
7. Lily Thomas v. Union of India, [WP (C) NO. 231/2005]
8. Public interest foundation V. Union of India, [WP (C) NO. 536 OF 2011]

This article is written by Prerna Pahwa, a student of Vivekananda Institute of Professional Studies, New Delhi.

The need for interpretation only arises when the wording of the legal provisions is ambiguous, if it is not clear, if two views are possible, or if the meaning of the provisions is different from the subject of the legislation. If the language is clear and clear, no interpretation is needed to develop.

INTRODUCTION

The dictionary definition of interpretation is “the act of trying to make sense of something.” In a legal context, interpretation refers to the process of understanding and comprehending a statute’s intent. The word “interpretation” comes from the Latin word “interpretari,” which means “to explain or translate.” The basic goal of interpreting a statute is to figure out what the law’s intent is.

The goal of statutory interpretation is to identify the legislature’s objective, which is expressed either explicitly or implicitly in the wording used. “By interpretation or construction,” SALMOND explains, “we mean the process by which courts seek to discern the meaning of the legislation through the channel of authoritative shapes in which it is written.”
The art of interpretation is as old as language itself. Even from the earliest stages of Hindu civilization and culture, complex norms of interpretation were developed. Various ancient textbooks emphasized the necessity of evading literal interpretation – “Merely following the wording of the law, decisions are not to be delivered, for, if any such decisions are lacking in equity, a major failure of Dharma is caused.”

As a result, interpretation is a well-known and important activity. Because of the intrinsic character of legislation as a source of law, interpretation is critical in connection to statute law. The process of enacting legislation and the process of interpreting legislation are two separate operations.

Several aids are employed in the interpreting process. They might be either statutory or non-statutory in nature.
Non-statutory aids are illustrated by common law rules of interpretation (along with certain suppositions relating to interpretation) and case laws relating to the interpretation of statutes, whereas statutory aids are demonstrated by the General Clauses Act, 1897, and specific definitions contained in individual Acts.

MEANING OF THE GOLDEN RULE

“The grammatical and ordinary perception of the words is to be abided to unless that would lead to some absurdity, repulsion, or lack of consistency with the rest of the instrument, in which particular instance the ordinary meaning sense of the words may be altered so as to prevent the absurdity and inconsistency, but no further,” said Lord Wensleydale in the Grey v Pearson case (1857).

As a result, it is a departure from the literal rule of interpretation. The literal rule emphasizes the literal interpretation of legal terms or terms used in a legal context, which can frequently result in ambiguity and absurdity. The golden rule aims to prevent unusual and absurd consequences from literal interpretation. As a result, the grammatical meaning of these words is frequently altered.

The court is usually concerned with delivering justice, and the golden rule is typically applied in order to anticipate the repercussions of their rulings. Because the technical and grammatical meanings of the law may not be sufficient, this rule of interpretation tries to give effect to the law’s spirit.

The terms of a statute must be accorded their ordinary meaning prima facie according to the Golden Rule since when the meaning of a word is clear, it is not the role of the courts to get involved in the alleged purpose. When grammatical interpretation results in absurdity, however, it is permitted to depart from and interpret statutes in a way that eliminates the absurdity.

When presented with multiple plausible interpretations of an enactment, the court has the authority to analyze the outcome of every interpretation in order to determine the genuine meaning of the legislature. The golden rule does not provide a clear way to determine whether or not an absurdity exists.

In a nutshell, it is an interpretation that will give effect to the legislative intent when the words themselves become confusing, as a result of modifying the language employed. On the surface, this rule appears to be the “Golden Rule,” as it appears to solve all difficulties. This strategy is also known as the altering method of interpretation because the literal meaning is altered to a certain extent. As a result of this rule, the implications or effects of an interpretation are given far more weight because they provide clues to the underlying meaning of a law.

There are two ways to apply the golden rule:

Narrow Technique– When a word or phrase has far more than one literal meaning, this approach is used. As a result, the judge is able to utilize the meaning in a way that avoids absurdity.

Broad Technique– Whenever there is just one literal meaning, this approach is used. However, using just one literal definition would be ludicrous. The court will change the meaning in this case to prevent the absurdity. The change will be made with the objective of the Parliament in enacting the law in this case in mind.

IMPORTANCE OF INTERPRETATION

The term “interpretation” refers to determining the relevance of something, as well as determining an explanation for something that isn’t immediately clear. The process of drafting and interpreting a statute is as old as language itself.
The process of determining the actual meaning of the words used in a statute is known as statutory interpretation.
There is little need for interpretation rules when the statute’s text is clear. However, in some instances, the very same word or phrase might have many meanings. As a result, it is required to interpret the statute in order to determine its true objective.

From Heydon’s Case in 1854, statute interpretation has been an important component of English law, and while it may appear complicated, the key rules employed in interpretation are simple to understand. Even from the earliest stages of Hindu civilization and culture, complex norms of interpretation were developed. The guidelines offered by ‘Jaimini,’ the author of the Mimamsat Sutras, which were originally intended for srutis, were also used to interpret Smritis.
The concept of statutory interpretation cannot remain static. As new facts and circumstances emerge, interpreting statutes becomes a never-ending process.

Wherever the language of written law is unclear, not clear, or when two interpretations are available, or when the provision offers a different meaning, contradicting the purpose of the act, would there be a need for interpretation? There would be no need for interpretation if the language was clear and unambiguous.

IMPORTANCE OF GOLDEN RULE INTERPRETATION

When the meaning of a law can lead to absurdity or defeat the purposes of the enactment, it becomes the Court’s obligation to give effect to that interpretation. The law asks the court to go to the point of changing the meaning of terms in both the grammatical and common senses on occasion.

The court will not take a path that contradicts a provision of a law whose meaning appears to be relatively clear and obvious on the surface. This does not, however, imply that a law might be rewritten. It has to be possible to deduce the meaning of the words used from their context.

Unless the law’s phrases are nonsensical, confusing, or devoid of legitimate meaning, it is better to interpret them according to their normal and customary interpretation.

How is this golden rule of interpretation applied?
As a balance between the literal rule and the mischief rule, the golden rule can be proposed. It takes the literal interpretation route, giving the status its everyday meaning. On the same hand, if a literal interpretation results in an unreasonable consequence that is unlikely to achieve the act’s goals, the court has the authority to depart from the literal meaning. Also, while using, follows all applicable laws.

The following is an example of how to apply the rule in both its broad and narrow senses:

If a sign says, “Do not use the elevators if there is a fire,” the literal reading is that you should never use the elevator if there is a fire. But, this interpretation is nonsensical, and the sign’s true intent is to warn people not to use the elevators if there is a fire nearby.

The golden rule prevents a result that is contrary to public policy when employing a broader approach. A son, for example, kills his mother and then kills himself. The heirs of the mother’s property would either be the mother’s family or the son’s descendants, according to the law. In the interest of social policy, the court is likely to favour the mother’s family because there is an issue of benefitting from the crime.

The Golden Rule allows a court to consider an Act’s literal meaning. This rule allows a judge to deviate from the customary interpretation of a statute in order to avoid a ridiculous conclusion. When using the Literal Rule will result in an absurdity, this rule of legislative interpretation may be used. The Golden Rule provides a statute’s wording with its most basic, everyday meaning. When this could result in an irrational result that is doubtful to be the legislature’s objective, the golden rule enables a judge to deviate from this meaning.

GOLDEN RULE OF INTERPRETATION IN INDIA

In India, the Supreme Court and High Courts have utilized the Golden Construction of Statutes in a number of cases. When it appears that this rule is named even for literal rules, there may be some confusion. The golden rule begins with a search for the true definition of the provision, so if there is a clear meaning, plain and natural, and no repugnancy, the meaning is applied. However, when there is the potential of more than one meaning, one must go further to minimize annoyance by adjusting the language by adding, removing, or substituting terms in order to make the meaning correct expounding the legislature’s goal.

The Supreme Court concluded in Uttar Pradesh Bhoodan Yagna Samiti v. Brij Kishore that the term “landless person” employed in section 14 of the U.P. Bhoodan Yagna Act, 1953, which provided for the grant of land to landless people, was confined to “landless workers.” A landless labourer is someone who works in agriculture but does not own any land. The Court went on to say that “any landless individual” does not include a city-dwelling landless businessman. The Act’s goal was to put the Bhoodan movement into action, which aimed to distribute land to landless labourers that worked in agriculture. Even though he is landless, a businessman cannot gain from the Act.

In another case, under section 3A of the U.P. Sales Tax Act, 1948, Annapurna Biscuit Manufacturing Co. v. Commissioner of Sales Tax, U.P. Sales 34 Tax was set at 2% of turnover in the case of “cooked food.” The appellant company was in the business of making and selling biscuits. Whether biscuits, despite being meant for human consumption, could be considered as “prepared food” and so subject to taxation under the aforementioned provision’s notification. It was decided that if a statement can have a broader meaning, whether the broader or narrower interpretation should be recognized depends on the statute’s context. The words ‘prepared food’ did not cover the biscuit in this case.

CONCLUSION

Every country has its own legal system, with the goal of providing equal justice to all citizens. The court’s goal is to interpret the law in such a way that every citizen receives equal justice. The idea of blasters of interpretation was introduced to ensure that everyone was treated fairly. These are the rules that have emerged to determine the legislature’s true intent.

It is not always required for the language used in a statute to be clear, plain, and unambiguous, and in such circumstances, it is critical for courts to identify a clear and direct meaning of the words or sentences used by the legislature while also removing any questions that may exist.

This article is written by Tingjin Marak, a BA/LLB student at Ajeenkya DY Patil University Pune.

INTRODUCTION

Human trafficking is the type of modern-day slavery in which a person is sold or used forcefully for the point of labor or commercial sex act. This is all that happens to intend to earn money. Human trafficking is not just a heinous crime against society but is a sin for our society. It has no boundaries for anyone irrespective of sex, gender, caste, or race anyone can be a victim of human trafficking but the most vulnerable ones are women and children. Children being innocent and getting easily influenced by others became victims of sexual acts. Due to the overpopulation and lack of job opportunities, many women from poor families are forced to get indulged in this profession and in some cases, a close family member becomes the hoes and sells them for such work.

According to the survey of the United Nations Office for drugs and crime [UNODC], it was found that the victim of human trafficking were 51% women, 28% children, and 21% men. Majorly women were abused by sexual violence which is 51%, 28% for children, and 21% for men. There are 43% of victims who are domestically within the national borders have been trafficked, it is shocking to know that the traffickers are not only men but it also constitutes 37% of women and 63% of men.

Some articles in the constitution are related to human trafficking.

ARTICLE 23
Article 23 talks about the prohibition of human trafficking and forced labor. Forced labor means less than minimum wage is paid. Any trafficking in human beings and beggars is prohibited and punishable in accordance with the law. In this article, the state is not prevented from commanding compulsory services for public purposes. The state shall not discriminate based on sex, color, caste, race, or any other. This article not only protects the state but also private citizens.¹

ARTICLE 21
Article 21 is a fundamental right under part 3 of the Indian constitution, which talks about the right to life and personal liberties. It is one of the most essential articles in the Indian constitution. The supreme court of India mentioned it as the ‘heart of fundamental rights ‘. It states that no person shall be deprived of life and liberty except as per the procedure established by law. Everyone is entitled to live with full dignity by birth.²

ARTICLE 51 A [E]
Article 51 A [e] is a fundamental duty to promote Peace, Harmony, and a sense of unity amongst the people of India cut across linguistic, religious, and regional basis, to repudiate practices that can be insulting to women.³

LAWS RELATED TO HUMAN TRAFFICKING

INDIAN PENAL CODE, 1860

• SECTION 366A
  If any person induces any minor to go with him to any other place with the intention of seducing her or doing illicit activities he or she will be punishable with the imprisonment of 10 years or fine or both.⁴

• SECTION 366B
  Whoever imports a girl from any other country under the age twenty one with the intent to force or seduce her for intercourse with another person then, a person can be liable for imprisonment of 10 years and a fine can also be imposed.⁵

• SECTION 374
  This section deals with unlawfully forcing someone to labor against their will or desire. Such a person can be punished with imprisonment which can be extended to 1 year or fine or both.⁶

• SECTION 370
  Whomever imports, exports, removes, buys, sells, or disposes of any person as a slave, or accepts, receives, or detains any person as a slave against his will, will be punished by imprisonment of either kind for a duration up to seven years, as well as a fine.⁷

THE IMMORAL TRAFFIC [PREVENTION] ACT, 1956

This act was passed by the parliament of India in 1956 and the main objective or purpose of this act is to prevent commercial sex or immoral traffic among women and girls. This act covers the entire country. This act defines a brothel as a “house or any portion of the house, room or any portion of any room, conveyance or portion of any conveyance, and place or portion of any place.” And prostitution is “the sexual exploitation or abuse of persons for commercial purposes or consideration in money or any other kind.” In this act, if any person runs a brothel or aid in such activities then he or she will be punishable with imprisonment for one year which can be extended to 3 years, and a fine of rupees 2000 can also be imposed. If any tenant knowing allows them to use the property for such use then he or she can be imprisoned for two years and a fine of rupees 2000 can also be imposed on them.

THE ANTI TRAFFICKING BILL, 2021

This bill focuses on the prevention of human trafficking, providing rehabilitation cure compensation to the victims, and providing stringent punishments for the traffickers. The early bill of 2018 was never introduced in the Lok Sabha. The 2021 bill is different from the previous bill as it also extends outside India. In this bill, the national investigation agency will also be set up. This will also include transgenders along with women and children in the definition of a victim. The central government will also set up a national anti-trafficking committee and many committees will be set up at state and district levels for the better implementation of rules and regulations.

CASE LAWS

PEOPLE’S UNION FOR DEMOCRATIC RIGHTS VS UNION OF INDIA
In this case, the people’s union of democratic rights filed a writ petition before the supreme court of India under Article 32 of the Indian constitution for the violation of fundamental rights and certain rights for laborers.⁸ People union of democratic rights is an organization set up to make a report on the exploitation of living conditions of laborers under contractors. In this case, the court defined forced labor under article 23, forced labor basically means employing labor and providing them wages which is less than the minimum wage rate. In this case, the court held that forced labor is a violation of the fundamental right of article 23 and the person can file a writ petition under Article 32 for the violation of their fundamental rights.⁹

LAXMI KANT PANDEY VS UNION OF INDIA
In this case, a writ petition was filed by Laxmi Kant Pandey regarding the malpractices in adopting children from foreign parents. This case brings to highlight the need for having rules and regulations regarding intercountry adoptions. The children go to another country and get neglected by their adopted parents, making a toxic and unhealthy environment for the children and resulting in sexual exploitation. To proving protection to the intercountry adopted children a comprehensive framework was formed. In this it was decided that the international adoptions would follow the regulations of the guardians and wards act, 1860 and the provisions of articles 15[3], 24, and 39 along with the united nations declaration on the rights of the child. It was made mandatory for foreigners to be sponsored by the licensed agencies of their country.¹⁰

GAURAV JAIN VS UNION OF INDIA
In this case, the public interest litigation was filed before the supreme court by the advocate to set up a distinct education system for the children of prostitutes and get them educated so that they didn’t have to live undesirable and the life full of misery. The court held that having separate schools for the children of prostitutes will isolate them and will be against the well-being of the children and society in general. The supreme court set up a committee consisting of advocates and social workers to look into the matter and find solutions. The court held that the prostitutes are not offenders but they are the victim of unfavorable socio-economic conditions and to set up juvenile homes for the rehabilitation and the safety of children.¹¹

CONCLUSION

There are many provisions related to human trafficking which are both domestically and globally recognized but still, there are numerous cases of human trafficking in our country. Human trafficking violated fundamental rights and constitutional rights and human rights of the people just for the sake of earning monetary benefits. Women and children are the victims of human trafficking people take advantage of the innocent behavior of the children and get them involved in sexual exploitation. In a country where there are fewer jobs for more people applying they are left unemployed and for the need for money women are forced to take up prostitution. Making laws and provisions is not enough this is an issue of great concern and it is needed to be seen from a socio-economic perspective also. The government should provide them with jobs so that they can live with dignity and comfort. Awareness related to human trafficking should be spread in schools among students. High-quality education should be promoted in government schools and colleges. This is a grave crime and needed to be lookup at in creating a safe and healthy environment for children and women to live in.

References:

1. The Indian constitution, 1950, art.23
2. The Indian constitution,1950, Art 21
3. Indian constitution, 1950,Art 51A[E]
4. Indian Penal Code, 1860, section 366 A
5. Indian penal code, 1860, Section 366B
6. Indian penal code, 1860 section 374
7. Indian penal code, 1860 section 370
8. Indian constitution,1950,Art.32
9. People union of democratic rights vs union of India, [1982 AIR 1473]
10. Laxmi Kant Pandey vs Union of India, [[1984 AIR 469]
11. Gaurav Jain vs Union of India, [{1997} 8 SCC 114]

This article is written by Prerna Pahwa, a student of Vivekananda Institute of Professional Studies, New Delhi.

Introduction

The utilization of third-party funding in international commercial arbitration is one of the most intensely discussed subjects in the field. Third-party funding is a technique wherein a third-party funder pays for one of the gatherings’ arbitration costs to some degree or in full. In case of a positive honor, the third-party funder is typically paid a piece of the honor sum that was recently settled upon. The funder’s cash is lost assuming the honor is negative. Referee irreconcilable situation inferable from nondisclosure of the third-party funder’s commitment in the process is one of the numerous troubles created by the presence of third-party funders in international commercial arbitration procedures.¹

International commercial arbitration is a technique for resolving disputes that emerge from international agreements. It is utilized as a substitute for litigation and is administered generally by the getting parties’ earlier arrangements, instead of by public regulation or procedural guidelines. Most agreements incorporate a debate resolution condition that expresses that any agreement-related issues will be settled by arbitration instead of litigation. At the hour of the agreement, the parties could characterize the discussion, procedural techniques, and controlling regulation.

International arbitration is a gathering who meets up to tackle an issue. Everything begins with a private arrangement between the two parties. It continues through private procedures in which the party’s desires play representative importance. In any case, it closes with an honor that has lawful weight and impact and that, under the right conditions, most nations’ courts will perceive and implement. To put it plainly, this previously private technique currently makes a public difference, because of the help of each state’s public power and as revered in that state’s public regulation. The connection between public regulation and international arrangements and shows is pivotal for international arbitration to work successfully.²

Types of Arbitration

Arbitration might be “institutional” or “ad hoc” in nature. The sort of arbitration will be determined by the contract’s conditions.

Institutional Arbitration
Institutional arbitration is one that is administered by a specialist arbitral organization and directed by its own arrangement of rules. There are various comparable associations, some of which are more deeply grounded than others. The ICC, ICSID, the LCIA, and the International Center for Dispute Resolution are among the most notable (ICDR). There are other provincial arbitral foundations (for instance, in Beijing and Cairo), as well also known offices of exchange, like those in Stockholm, Switzerland, and Vienna.

The principles of these arbitral associations depend on a premise that is extensively practically identical. Some rulebooks depend on common regulation discoveries, while others depend on customary regulation revelations. All arrangements of rules share one thing for all intents and purposes: they’re composed explicitly for arbitrations that will be checked by the important establishment, and they’re as often as possible fused into the fundamental agreement between the parties that incorporates an arbitration provision.

Ad-hoc Arbitration
Ad hoc arbitrations are run autonomously by the parties, who are answerable for settling on the scene, the number of authorities, the type of arbitration, and any remaining parts of the procedures. As an issue of decision, and all the more normally, the parties might concur that the arbitration will be led without the association of an arbitral organization, but instead as per a deep-rooted set of rules, for example, those laid out by UNCITRAL, which give a sane system inside which the council and the parties might add any comprehensive arrangements as they see fit, for example, rules requiring the accommodation of pre-preliminary briefs or the understanding of master reports.³

Laws used in International Arbitration

International treaties and national laws, both procedural and substantive, as well as the procedural norms of the relevant arbitral organization, are totally utilized in arbitration. The Geneva Protocol of 1923 and the Geneva Convention of 1927 managed the understanding and requirement of international arbitration arrangements, as well as the authorization of unfamiliar arbitral decisions. The Bustamante Code of 1928 and the European Convention of 1961 were then trailed by a few local arrangements until the main show in the field of international commercial arbitration, the New York Convention, was pronounced in 1958.

The Geneva Treaties were trailed by the New York Convention. The expression “Show on the Recognition and Enforcement of Foreign Arbitral Awards” is a misnomer. The acknowledgment and implementation of arbitration arrangements is, actually, the Convention’s beginning stage. It accommodates the overall implementation of grants that meet the specified circumstances, as well as the affirmation of the legitimateness and enforceability of arbitration arrangements.

A brief notice of BITs should be made with regards to international treaties and shows. States that worked with one another in the past regularly marked ‘treaties of kinship, business, and route.’ To energize exchange and speculation, the nations included would offer each other alluring exchanging conditions and consent to resolve any disputes through arbitration. Respective venture treaties, or BITs as they are all the more for the most part known, have to a great extent supplanted such treaties.

A proposition to change the New York Convention started the production of the model regulation. This brought about the UNCITRAL report expressing that a model or uniform legislation would be more viable in orchestrating the arbitration laws of various nations all over the planet. The last phrasing of the Model Law was acknowledged by UNCITRAL as a regulation to oversee international commercial arbitration during its meeting in Vienna in June 1985. In December 1985, the United Nations General Assembly passed a resolution underwriting the Model Law and prescribing it to the Member States. The Model Law has demonstrated to be a colossal achievement. The text clears up the arbitral cycle from starting for end in a direct and straightforward way. Many states have taken on it as their arbitration legislation, either completely or with minor adjustments.

International arbitration necessitates the consent of all parties. An agreement to arbitrate, which is normally concluded ‘in writing and signed by the parties, demonstrates such permission. Third parties to an arbitration agreement have been found to be bound by the agreement in a variety of circumstances, including:

1. By virtue of the ‘group of companies’ theory, which allows the benefits and obligations deriving from an arbitration agreement to be extended to other members of the same group of companies under certain circumstances.
2. General rules of private law, particularly those governing assignment, agency, and succession, are in effect.

The English Contracts (Rights of Third Parties) Act 1999 states that a third party may enforce a contractual provision if the contract specifically allows it or if the contract purports to benefit the third party. When a contract includes an arbitration clause, the third party is obligated by the clause and must follow the arbitration procedure.⁴

International Arbitration in India

In India, International Commercial Arbitration is defined by Section 2 (1) (f) of the Arbitration and Conciliation Act 1996 as “an arbitration dealing with disputes arising out of legal connections, whether contractual or not, treated as commercial law in effect in India and where at least one party is:

• A person who is a citizen of, or has a habitual residence in, a country other than India.
• A company that is incorporated in a country other than India.
• Any firm, organization, or group of individuals whose central management and control are exercised outside of India.
• A foreign country’s government

Both the courts and the government have taken a supportive of arbitration position. “The Government of India is effectively supporting International Arbitration as a fair and legal system of resolving International Business Disputes,” as indicated by the arrangement. A survey of ongoing Supreme Court of India cases uncovers that courts presently seldom intercede in the arbitration cycle, permitting councils to manage the issues brought up in the case. The “fundamental rule that should help court administering attempting to make is that Arbitration is basically a consensual ramification of a commitment by contracting parties to settle their disparities through a private council” and that “the obligation of the court is to bestow to that commercial understanding a feeling of business viability,” as indicated by the new translation.

The Hon’ble Supreme Court, in maintaining the courts’ negligible cooperation in arbitral procedures, likewise expressed that courts ought to remember that the pattern is to keep away from obstruction with the arbitration interaction since it is the favored gathering. That is additionally the approach that the 1996 Act uncovers. Courts should utilize uncommon mindfulness and even hesitance in impeding arbitration processes. While Indian courts might have the jurisdiction to end arbitration procedures, they should do so sparingly and just based on contemplations like those expressed in sections 8 and 45 of the 1996 Act, all things considered.

The Hon’ble Supreme Court, in maintaining the courts’ negligible cooperation in arbitral procedures, likewise expressed that courts ought to remember that the pattern is to keep away from obstruction with the arbitration interaction since it is the favored gathering. That is additionally the approach that the 1996 Act uncovers. Courts should utilize uncommon mindfulness and even hesitance in impeding arbitration processes. While Indian courts might have the jurisdiction to end arbitration procedures, they should do so sparingly and just based on contemplations like those expressed in sections 8 and 45 of the 1996 Act, all things considered.

The Hon’ble Supreme Court of India’s arbitration approach was additionally reflected in a new judgment, which held that “the Court shouldn’t settle on the benefits of whether the debate connects with excepted matters under the arrangement being referred to or not while managing an application under Section 11(6) of the Act.” In Indus Mobile Distribution Private Ltd versus Datawind Innovations Private Limited and Ors, the Hon’ble Supreme Court maintained the restrictiveness of arbitration, taking note of that “the second the seat is picked, it is comparable to an elite jurisdiction arrangement.”

International Commercial Arbitration is divided into two categories in India:

• India-based International Commercial Arbitration (Part 1 of the Act)
• International Commercial Arbitration has a seat in a country other than India (Part 2 of the Act)

In a progression of decisions, the Hon’ble Supreme Court of India explained and smoothed out the law of arbitration, holding that Indian courts have no association by any means in issues of unfamiliar situated arbitrations, and that main Part 2 will apply in such cases.

The Hon’ble Supreme Court of India’s choice in BALCO, which overruled the prior Bhatia International versus Bulk Trading judgment, has accordingly moved Indian arbitration regulation in a legitimate way.

The Bombay High Court and the Calcutta High Court have affirmed that Part 1 of the Act won’t make a difference in unfamiliar situated arbitrations, continuing in the strides of the Hon’ble Supreme Court of India. It is actually quite significant that the Hon’ble Supreme Court and the Hon’ble High Court have over and again underscored the worth of arbitration.⁵

The Arbitration and Conciliation (Amendment) Act 2015, which was enacted in 2015, considerably expanded the scope of arbitration in India, as follows:

a) The provisions apply to international commercial arbitrations as well, even if the arbitration takes place outside of India.
b) Unless there is a valid arbitration agreement, the courts must submit the parties to the arbitration.
c) If a court issues an interim order before the start of arbitral proceedings, the procedures must begin within 90 days of the order or such other time as the court specifies;
d) Courts will only accept an application if they believe they will be able to provide a remedy;
e) Include rewards that are in violation of India Law’s fundamental policy or ideas of morality and fairness;
f) The court’s role is limited to determining whether or not an arbitration agreement is valid.
g) The arbitral tribunal must issue its decision within 12 months, with a 6-month extension option. If awards are not rendered within 6 months, the arbitral tribunal will receive additional fees, and the arbitrator’s remuneration will be reduced by up to 5% for each month over the prescribed time.
h) Awards made in court must be resolved within one year; parties might choose to undergo arbitration proceedings in a more expedited way.

Third-Party Funding

Funding activity has expanded drastically lately, at first zeroing in on financial backer state arbitration yet progressively moving to commercial international arbitration. Not at all like in public litigation, which was not set in stone by court-named judges, the utilization of third-party funding in private arbitration with party-named authorities has raised various moral and procedural worries. Third-party funding (TPF) has turned into a disagreeable issue in international arbitration and has started different worries.

Third-party funding is an understanding where a third party gives monetary help to a party in return for a portion of the inevitable financial honor. By and large, the cash will pay the subsidized party’s lawful charges and arbitration consumptions. On the off chance that the supported party is requested to pay the adversary’s expenses, the funder may consent to do so and offer security for the rival’s expenses.

The assortment and complexity of funding items and constructions offered have developed as the business has developed. There is no such thing as a one-size-fits-all arrangement, and the funding depicted above is at its generally fundamental level. Third-party gathering pledges, otherwise called “litigation finance,” has created after some time. Litigation finance is being utilized for a bigger scope of purposes than just funding one-off claims, with the returns of the litigation or arbitration being utilized as insurance. Portfolio funding, in which lenders give a funding bundle that covers an arrangement of cases, is another new pattern. Albeit third-party funding enjoys a ton of benefits – growing admittance to equity being one of them – it likewise accompanies a ton of risks and snags, like irreconcilable circumstances, exposure, and (security for) costs. The new ascent of third-party funding in international arbitration, as well as persistent disputes regarding the matter, have brought about massive changes in its guideline, both on a public and international level.

The utilization of third-party funding in international commercial arbitration is one of the most fervently discussed subjects in the field. Assuming you’re needing to support an oddball case, use the accompanying agenda as a beginning stage: “Funders are reluctant to support claims that do exclude financial harms.” Because funders are paid in light of how much cash is recuperated, claims having a damaging result are specifically noteworthy to them. Subsequently, support is generally restricted to petitioners or respondents who have a counterclaim.

Funders will need to see that you have a decent possibility of succeeding. They will lead their own free examination concerning the case and will possibly finance it assuming that they are certain about it and the manner in which it is being introduced. Funders will need to know whether the objective (i.e., the respondent) will actually want to cover the case, charges, and interest. What is its installment record corresponding to arbitration grants, especially assuming it is a state? The funder will likewise need to know where the resources are found; the gamble of requirement is a significant concern. A few benefactors might be put off by the way that they are situated in locales where authorization is troublesome. Different variables, for example, whether the objective will battle as far as possible, may likewise affect the funder.

The arbitration’s seat is critical since it decides if funding is allowable under nearby regulations. The area of requirement will be pivotal, as supporting might be used to disclose strategy contentions to ruin authorization.” Funders will need to see that you have a decent possibility of succeeding. They will lead their own free examination concerning the case and will possibly subsidize it on the off chance that they are sure about it and the manner in which it is being introduced. Funders will need to know whether the objective (i.e., the respondent) will actually want to cover the case, charges, and interest. What is its installment record corresponding to arbitration grants, especially in the event that it is a state? The funder will likewise need to know where the resources are found; the gamble of authorization is a significant concern. A few benefactors might be put off by the way that they are situated inwards where implementation is troublesome. Different elements, for example, whether the objective will battle as far as possible, may likewise affect the funder.

In international arbitration, there are primarily two reasons why parties seek third-party funding. They are as follows:

1. Third-party funding allows a claimant to pursue a claim that they would not have been able to pursue otherwise, facilitating access to justice.
2. Another key advantage of third-party funding in international arbitration is that it allows the claimant to share the financial risk and operational cost of pursuing his claim with the commercial funder.

In India, especially in the states like Maharashtra, Gujarat, Madhya Pradesh, and Uttar Pradesh, the notion of third-party funding is legally recognized in civil cases under the Civil Code of Procedure. The Civil Procedure Code of 1908, which governs civil court procedures in India, can be used to prove this agreement to third-party funding. XXV Order The first rule of the code (as amended by Maharashtra, Gujarat, Madhya Pradesh, and Uttar Pradesh). The courts have the authority to secure lawsuit costs by asking the financier to join as a party and depositing the fees in court.

Bombay High Court Notification P 0102/77, dated September 5, 1983, revised Order XXV of the Civil Procedure Code for Maharashtra. It goes like this: “3. (1) If any plaintiff has transferred or agreed to transfer any share or interest in the suit’s property to a person who is not already a party to the suit for the purpose of being financed in the suit, the Court may order such person to be made a plaintiff to the suit if he consents, and may order such person, either on its own motion or on the application of any defendant, to give security for the payment of all costs incurred. If such security is not provided within the time specified, the Court may issue an order dismissing the suit as to his right to or interest in the property in suit, or declaring him banned from claiming any right to or interest in the property in the suit in the future.….”

Third-party funding is not mentioned in the 1996 Arbitration and Conciliation Act. The presence of third-party funding clauses in particular state revised Civil Procedure Codes does not imply that a comparable clause in arbitrations is also legal. As a result, any third-party funding agreement would have to be a legally binding contract under the Indian Contract Act of 1872.

The logistics of getting third-party funds into and out of India provide their own set of problems. The Foreign Exchange Management Act of 1999 (‘FEMA’) and its associated rules and regulations govern this procedure. All transactions involving foreign exchange and/or non-residents are divided into two categories by FEMA: current account and capital account transactions. It’s unclear how third-party funding would interact with the regulatory environment because FEMA doesn’t clearly designate it as either a current or capital account transaction.⁶

Third-Party Funding in International Arbitration: Concerns

Concerns about third-party funding in international arbitration have been highlighted as follows:

• The premise that a third-party funder pays for a party’s legal bills may have an impact on arbitrators’ independence. A third-party funder with whom one of the arbitrators has a conflict of interest may fund a party. For example, the arbiter in the first arbitration where one of the parties is sponsored by a funder could be the claimant’s counsel in a subsequent arbitration where the claim is funded by the same funder. This compromises the arbitrator’s independence and impartiality and may have a direct impact on the arbitral tribunal’s legality, making the award vulnerable to appeal.
• The fact that a claimant receives third-party money could indicate that the claimant is impoverished and so unable to pay an adverse cost award. The successful party is frequently allowed to recover reasonable costs from the losing party through tribunals. The number of costs awarded to the successful party can be extremely large given the duration and complexity of international arbitration proceedings.
• The presence of third-party money is likely to create a situation in which the self-funded party suspects that the party acquiring funding is financially strapped and will be unable to pay any adverse cost award. Because the third-party funder is not a signatory to the arbitration agreement or a party to the arbitration proceedings, the arbitral panel lacks the authority to order the funder to pay adverse costs. To avoid a situation where the impecunious award debtor may not be able to pay, the self-funded party may seek security for expenses.

Regulations for Third-Party Funding

Regardless, domestic norms and procedures are probably going to contrast between jurisdictions, taking into consideration misuse “Discussion shopping happens when parties pick an ideal or even non-existent overseeing resolution. Second, there is a gamble of “over-guideline,” which would actually restrict the utilization and use of third-party cash past what is required. Third, it’s almost difficult to resolve all issues and worries with a solitary arrangement of clear and restricting standards; third-party funding issues, for instance, are intricate “contrast from one case to another, starting with one jurisdiction then onto the next, and will without a doubt advance after some time, as will the manner in which third-party funding is utilized and seen.

There is no such thing as a “one-size-fits-all” solution, and adaptability is crucial. This leaves us with the capacities that arbitral organizations and international principles can play in this climate, which we accept are more powerful. Institutional arbitration rules are all the more especially expected for the arbitral methodology and have more noteworthy appropriateness than domestic regulation. As a rule, international guidelines are non-restricting and give more scope. The International Bar Association Guidelines on Conflicts of Interest, distributed in 2014, were quick to address third-party funding to give guidance to specialists, and they were not without progress.

Maintenance & Champerty

Maintenance is the funding or arrangement of monetary assistance to a case holder that permits the case to be legitimately sought after in spite of the way that the funder or provider of monetary help has no relationship to or substantial interest in the case. Champerty goes above and beyond by expressing that the funder or monetary source has a direct monetary stake in the case’s result. The cash is given in return for a level of harm on the off chance that the case is fruitful. The accompanying remarks best reflect why these ways of behaving were judged ethically and morally against the public approach, bringing about their being made crooks.

The thoughts of “maintenance” and “champerty” host generally blocked third get-togethers from supporting litigation in precedent-based regulation jurisdictions. The reasoning behind this was to keep third parties from profiting from litigation in which they had no certified stake, as this could prompt negligible or vexatious litigation. Nonetheless, jurisdictions have adopted a more logical strategy for third-party funding to elevate admittance to equity.

Maintenance and champerty are as yet thought about misdeeds and violations in certain jurisdictions, like Ireland. On the grounds of champerty, the Irish Supreme Court barred a third-party benefactor from supporting significant litigation against the Irish government in May 2017. Be that as it may, mentalities on third-party funding are moving in Asia. Hong Kong and Singapore have both passed regulations permitting and directing its utilization in international arbitration.⁷

Emerging Issues

Third-Party Funding has been consumed by an assortment of difficulties in its new long stretches of improvement. The “prohibitive nature of relevant regulations (counting the meaning of ‘party’ and ‘expenses’) and the seldom practiced jurisdictional powers of courts over third parties (with the exception of customary standards of organization and task) bring about a deficiency of arbitral practice versus third-party funders” right now. While most of the appropriate regulations say that the honor is restricting just between parties, the English Arbitration Act 1996 incorporates “people asserting under or through them” in the meaning of “party.” This could be interpreted to imply that funders are incorporated. Courts, then again, have given a prohibitive development of the expression “party” to just incorporate parties under office and subrogation tenets.

Except if an arbitral practice or appropriate legislative changes to unequivocally remember funders for costs orders, this power will remain essentially dependent upon tact and use of third-party standards, saving the broad support of arbitration, specifically, party assent. While the starting points of consensual struggle settlement should be thought of, the arbitral system offers a more extensive reach to remember third-party agents for explicit cases to accomplish the motivations behind equity and value.

Conclusion

Third-party funding is a quickly rising business that will presumably assume a critical part in international commercial arbitration in the future as a standard supporting system for international arbitration cases. While the market is as yet minuscule as far as suppliers and cash, applicable assets are accessible for arbitrations, and they are at present being put resources into cases that are decided to be solid and have great recoverability possibilities. TPF will ostensibly assume a much greater part in venture arbitration because of the demand for receptiveness in the field. TPF is a fabulous way to deal with delegating the monetary dangers related to arbitral procedures. TPF, then again, involves handing over a capacity to the funder.

The major issue with TPF arrangements is that they are separated from the fundamental struggles, both regarding pertinent legislation and council jurisdiction. This likewise makes sense of why councils have been reluctant to survey whether a funding plan has any bearing on the topic of cost portion. In spite of the absence of a general obligation to uncover TPF arrangements, the need to protect mediators’ fair-mindedness and freedom, which is broadly viewed as a center precept of arbitral strategy, may require exposure.

TPF would assist India with accomplishing public arrangement objectives by upgrading admittance to equity, giving equipped portrayal, and further developing cases for the executives, in addition to other things. Nonetheless, agents have been not able to enter the Indian market because of an absence of an official system and exact legitimate clearness. Considering ongoing regulative changes in Singapore and Hong Kong, it is the previous time for India to exploit its well-established dismissal of champerty and maintenance to contend successfully in the international arbitration landscape by securing itself as a middle for international commercial arbitration. Accordingly, it will be interesting to see the Hyderabad High Court’s possible decision on third-party finance courses of action.

Third-party finance can possibly assume a critical part in international commercial and speculation arbitrations. Despite the fact that there has been a lot of conversation about this theme in scholastic circles, great endeavors taken by nations all over the planet to follow up regarding the matter might hurry the reception of third-party funding. Permitting such contribution in elective compromise techniques would prepare for third-party funding in customary question resolution components like litigation. Therefore, the second has come for India to unambiguously make the way for third-party finance, a move that will without a doubt help its populace as well as India’s international standing.

References:

1. https://www.latestlaws.com/articles/third-party-funding-in-international-commercial-arbitration-indian-and-international-perspective-by-harleen-kaur/#_ftn1
2. https://www.international-arbitration-attorney.com/wp-content/uploads/2018/09/Thibault-De-Boulle-Thesis-On-Third-Party-Funding.pdf
3. https://kluwerlawonline.com/journalarticle/Journal+of+International+Arbitration/32.3/JOIA2015013
4. https://www.ashurst.com/en/news-and-insights/legal-updates/quickguide—third-party-funding-in-international-arbitration/
5. https://www.thestatesman.com/india/arbitration-law-in-india-everything-you-want-to-know-1502757528.html
6. https://viamediationcentre.org/readnews/NTUy/Arbitration-law-in-India-Everything-you-want-to-know#:~:text=It%20is%20a%20legal%20technique,they%20agree%20to%20be%20bound.&text=The%20Indian%20law%20with%20respect,on%20the%20English%20Common%20Law.
7. https://deliverypdf.ssrn.com/delivery.php?ID=800100124064064089092085007074099081036046034042033020101002096072120066106095106095110003010016007048098011020092029022127014118055068037012100089121120083098112077091053022067069081079107124066095066066094068088120088108022099074006068087105079026001&EXT=pdf&INDEX=TRUE

This article is written by Arryan Mohanty, a 2nd Year Student student of Symbiosis Law School.

Abstract

Every person’s life revolves around the concept of justice. Courts have been established in every country for the purpose of regulating justice. The courts are held in high regard as the guardians of the rule of law. This element of the courts contributes to the development of a trusting connection between the general public and the courts. When this relationship is harmed by unlawful influence in the courts, a miscarriage of justice occurs. A miscarriage of justice is the responsibility of the courts. The Supreme Court of India, the country’s highest court of appeal, declared that the rule of law is in place. As the ultimate bidder to justice, it is the apex court that gets to decide what is right and what is wrong. When the top court commits a miscarriage of justice, the entire country is thrown into chaos, and the public loses faith in the country’s judiciary.

The comment of Justice A.S. Anand, former Chief Justice of India and Chairman of the National Human Rights Commission, that the acquittal decision in the Best Bakery trial by a fast-track court was a “miscarriage of justice,” is not limited to that case, but can be applied to the entire mechanism of so-called fast-track courts as envisaged by the previous NDA government and now scrapped by the current UPA administration. The state did very little to return justice to its proper ‘quick’ track, and it is impossible for the average person to appreciate the question of when he will receive final justice in criminal or civil litigation.

Introduction

The decision to close the fast-track courts by the end of April, a year earlier than the five-year deadline, by starving them of funds because the Twelfth Finance Commission did not recommend any allocations, will put an end to the experiment without finding a viable replacement or doing anything to resolve pending cases.

The subject of the nation’s justice system’s very existence arises. Delivering justice is a challenging task since it must not only be done, but it must also appear to be done. This means that the court’s role does not end once the judgment is rendered, which offers justice to the parties in the case, but also after the court ensures that the judgment is applied. In recent days, there have been several cases of miscarriage of justice that have impacted not only the people engaged in the case but also the general public. Many people are confused about who is to blame for a miscarriage of justice: the courts or the judges who give the verdict. In either case, the integrity of the court system as a whole is jeopardized.

As a result, the court system has developed a number of strategies in order to limit the rising number of miscarriages in the delivery of justice and to carry out its mission efficiently and without hindrances. They can be successful at times and also fail at other times. As a result, the judiciary must keep a close eye on itself in order to avoid miscarriages of justice.

Miscarriage of Justice Explained

Justice can be defined as justness or righteousness, whereas miscarriage denotes failure. As a result, a miscarriage of justice denotes a failure to declare what is right and just. A miscarriage of justice happens when an innocent person is found guilty, allowing the true perpetrator to flee the scene. The criminal justice system is meant to be set up in such a way that it punishes those who are found guilty as well as acquits those who are found not guilty. If any of these ingredients are missing, a miscarriage of justice will very certainly result. True, the criminal justice system cannot ensure the punishment of the wicked or the acquittal of the innocent, but it may certainly attempt. Even after being exonerated of the erroneous prosecution, it is difficult for an innocent individual to lead a normal life after being tried as a criminal. As a result, it is the responsibility of the state to guarantee that the person has a normal existence.

Under Article 14(6) of the International Covenant on Civil and Political Rights, read with General Comment 32 of the United Nations Human Rights Committee, the United States, the United Kingdom, and Germany have already adopted the same remedial method in which the State regulates statutory responsibilities by providing compensation to victims of wrongful prosecution. The High Court of Delhi emphasized the rehabilitation of victims of unfair prosecution in the case of Babloo Chauhan v. State Govt. of NCT of Delhi¹, in order to assist them to lead a normal life following their acquittal. The court stressed the creation of a legal framework that would govern the formation of a committee to care for these innocent victims. Miscarriage of justice results in wrongful prosecution and humiliation of the innocent party. Miscarriage of justice can occur not only in the courts but also in the hands of investigating officials on the ground. Innocent people are also affected. Taking note of these factors, the Supreme Court issued a historic decision in 2016 in the case of Rudul Sah v. the State of Bihar², declaring that innocent people who have been subjected to shoddy investigation and unfair prosecution shall be compensated by the state in question. A miscarriage of justice can be caused by a hasty decision on the part of the court in certain cases to clear out pending judgments, plea bargaining, which involves providing an incentive to the judge hearing the case in order to declare the innocent as guilty, bias in the investigation procedure by the officials, evidence gathered by the police associated with the offense is frequently destroyed, and judicial misconduct on the part of the judge. As a result, a miscarriage of justice is an unwelcome activity carried out by the judiciary or investigating officials that, to a considerable extent, violates human rights.³

Alarming Rate of Pendency

The amount of unresolved cases is upsetting. As indicated by data accessible on July 5, 2000, there were 21,600 cases forthcoming under the steady gaze of the Supreme Court, contrasted with 1.05 lakhs 10 years earlier. In the High Courts, there are presently 34 lakhs of forthcoming cases, contrasted with 19 lakhs a decade prior. The Supreme Court has 645 cases progressing for over a decade, while the High Courts have 5,00,085. The inability to fill judge vacancies sooner rather than later is one of the reasons for the huge expansion in the number of forthcoming cases in High Courts. There are presently around 100 such vacancies. The quantity of cases anticipating preliminary in the country’s 12,378 locale and subordinate courts is assessed to be in large numbers. 1,500 of the 12,205 judge and justice positions in these courts are vacant.

Fundamental Rights of Speedy Trial

The fundamental right to a speedy trial has become a daily farce due to the delays, lack of accountability, and half-baked ideas. “A timely trial is essential to criminal justice, and there can be no doubt that the delay in trial by itself constitutes a denial of justice,” the Supreme Court stated.⁴ “There can be no question that rapid trial — and by speedy trial, we mean a properly expedited trial — is an integral and vital aspect of the fundamental right to life and liberty contained in Art 21,” it continued in another case. It is a vital responsibility.⁵ Even if Art. 21 is not enforced, the demand for quick justice is unavoidable under the Constitution. According to the preamble of the Constitution, the state is required to guarantee social, economic, and political justice to all of its citizens.⁶ The state should strive for a social order in which justice is represented in all aspects of national life, according to the Directive Principles of State Policy. “The State shall ensure that the operation of the legal system promotes justice; to ensure that no person is denied access to justice because of economic or other disadvantages,” it continues.⁷ The Supreme Court has held that “social justice would include ‘legal justice,’ which means that the system of administration of justice must provide a cheap, expeditious, and effective instrument for realizing justice by all sections of the people, regardless of their social or economic position or financial resources” in interpreting this provision.⁸

Need for a fair Judge-Population Ratio

The way public authority has would not take on a suggestion by the Law Commission of India to upgrade the judge-to-populace proportion. As indicated by the 120th Law Commission Report, “In the event that official portrayal can be determined in light of populace, as recently expressed, and other state administration, police, and different administrations can be arranged similarly, there is not a great explanation for why a similar standard can’t be applied to legal administrations. While the populace is a segment unit, it is additionally a vote-based unit, it should be recognized transparently. At the end of the day, we’re discussing residents who have popularity-based privileges, for example, the option to admittance to equity, which the state is committed to giving “. While proposing a fivefold expansion in legal strength at all levels of the Indian legal executive (from 10.5 to 50 judges for every million of the populace), the 120th Law Commission additionally noticed that India’s judge-populace proportion could not hope to compare to a few different nations. Rather than spending Rs 4750 crore to redesign the current legal executive by expanding the judge-populace proportion, the NDA government has proposed a 502-crore quick track court project for a five-year term, which is a specially appointed, silly endeavor to deal with a huge issue of confusing pendency.

The arrangement required the foundation of 1750 quick track courts, five in each locale, to speed up the goal of forthcoming lawbreaker cases. The idea is sound since it tackles the issue of undertrials grieving in jail for a really long time and turning into a monetary weight on the public authority. An amount of Rs. 502.90 crores was endorsed as an exceptional issue and upgradation award for the legal organization for a long time, till 2005, under the Fast Track Court Scheme. There are at present 1.8 lakh undertrials in bars, with the public authority paying around Rs. 361 crores each year on their upkeep at a pace of Rs. 55 for each individual, consistently in jail. As indicated by the sources, “just about two crore cases were anticipated to be settled by 2005,” bringing about tremendous reserve funds in prison uses while likewise settling a “genuine basic liberties worry.” “No less than five such courts work with full government help with each locale the nation over,” said Mr. Arun Jaitley, then, at that point Minister of Law (2000-2002, 2003-2004). The system, which would likewise deal with undertrial cases, was financially savvy since it would cost an expected Rs. 100 crores each year, contrasted with the Rs. 360 crores spent by states every year on undertrials upkeep. The Center set out just Rs 100 crore each year for this reason, with the assumption that all forthcoming detainee cases would be settled in something like a time of the most optimized plan of attack courts’ foundation. It is obscure whether the undertaking will be finished in something like four years. As per Union Law Minister H R Bhardwaj (2004-2009), the most optimized plan of attack courts could resolve 3.8 lakh of the 8 lakh cases allotted to them in four years. The middle would not give them Rs 100 for the undertaking’s fifth and last year, compelling them to close down the nation over.

Initial Setback

At the point when it was first presented, the allies were irritated, truth be told. The arrangement was tested by the Andhra Pradesh Bar Council as unlawful and incapable of giving quick equity. The AP High Court requested a stay on the activity of quick track courts after the appeal was acknowledged. The bar chamber’s reactions to the most optimized plan of attack courts are legalistic in the most terrible feeling of the world. For instance, it scrutinizes the Finance Commission’s affirmation that the expense of undertrials (assessed at Rs 20,000 for each individual each year) will diminish as quick track courts speed up the goal of their cases. The bar board asserted, rather grandiosely, that a court’s only intention is to administer equity, not to diminish prison spending.

It likewise goes against the directing officials being named on a two-year agreement from among resigned judges. The bar committee contended that the most optimized plan of attack courts’ authoritative judges will be less responsible than the customary courts’ long-lasting judges. The AP High Court deferred the plan’s execution since it seemed to have major legitimate and sacred flaws. The Union government pursued the High Court’s choice to the Supreme Court in a Special Leave Petition (SLP). As indicated by the SLP, the High Court made a lawful blunder by really giving the writ request through an ex-parte request in light of a simple at first sight assessment of the legitimacy of laying out quick track courts without articulating the grounds. The High Court’s structure was deferred on May 2 by a Supreme Court seat comprising Justice B.N. Kirpal and Justice Ruma Pal. Afterward, while hearing a case on the situation with undertrials in different States, one more Supreme Court Bench, drove by Chief Justice of India (CJI) Justice A.S. Anand, Justice R.C. Lahoti, and Justice Doraiswamy Raju, communicated lament that the plan of quick track courts, notwithstanding its significance, was not brought to the CJI’s consideration before the public authority made a declaration in such manner. The judges called attention to that the assets given to state legislatures to layout quick track courts ought to have been put in the possession of the Chief Justices of the High Courts for appropriate use.

“On the off chance that you fabricate structures first, pick judges,” the Bench noticed, “the most optimized plan of attack courts will turn out to be incredibly sluggish.” The Court inferred that the course of action would have worked better assuming the Chief Justices of the High Courts included picked the cases and areas that the most optimized plan of attack courts ought to attempt. The Bench additionally considered how previous District Judges could be enlisted as managing officials and who might be responsible for them. Its basic comments have caused frustration, as Law Ministry authorities keep up with that the plan’s draft was conveyed to all states and Chief Justices of every single High Court, and that it was just executed after intensive interviews with the legal executive at all levels. As per these sources, just the Chief Justices of the High Courts would allow judges to quick-track courts. In reply to a TV interview, H R Bharadwaj demonstrated that by March 2004, 1400 such courts were working, with 8 lakh cases going over to them, with 3.8 lakh cases getting a decision. Notwithstanding, he asserts that the strike rate is excessively low and that the explanation for this is that the most optimized plan of attack courts are dealt with by judges who come up short on energy for equity. “More youthful blood ought to be allowed an opportunity as opposed to resigning judges; they can acquire advancements and have a future,” Bharadwaj commented. He additionally expressed that he will start filling vacancies in different courts in the nation in the following three weeks.

Impact

The media claimed in 2002, while the courts were still getting up to speed, that the plan was beginning to have, “It had a positive influence on crime, since the number of heinous crimes had decreased, notably in Rajasthan and Maharashtra. Uttar Pradesh and Bihar had also suffered the effects.” The Parliamentary Standing Committee, which includes members from all political parties and is chaired by an opposition member, expressed pleasure in May 2003 and asked the government to do more.⁹

Lack of Accountability

Ad hoc Judges would be appointed for a two-year term from among retired sessions or additional sessions Judges, members of the Bar, and judicial employees who would be elevated on an ad hoc basis under the fast-track court program. The High Courts will be in charge of appointing judges. The Centre has urged state governments to use a particular drive to fill any vacancies that may arise as a result of ad hoc promotions. They did not anticipate the issue of presiding officers’ lack of accountability as a result of the provision of a short tenure in office after retirement.

There are serious concerns that litigants with clout at the district level could use the plan to their advantage to advocate for the fast disposition of causes they care about, which could lead to a miscarriage of justice. The model does not allow for the infusion of new and youthful judicial talent, which is plentiful. There were no fundamental changes in the legal system as a result of the fast-track courts program. There has been no new procedure code established. Retired judges, who have served in the past but have no plans for the future, are dispensing justice at a breakneck pace. It’s worth noting that these gentlemen never performed at even half their normal speed in their regular jobs. This is due to two factors. One, because they were vulnerable to disciplinary hearings during their ordinary jobs, the judges were cautious. A person who has already retired and is serving on a short end-of-career tenure is not subject to disciplinary action. This is compounded by the Indian legal system’s complete lack of judicial accountability. Two, some judges see this term assignment as their last chance to make some money while the sun is shining. As a result, there was a greater emphasis on speedy wheeling-dealing and the disposal of the greatest number of cases possible.

Is it permissible to follow the easy way of acquitting the accused because of a mechanical adherence to the idea that “hundreds of criminals may escape, but one single innocent must not be punished”? Though it is a commonly accepted principle that no innocent person should be punished, courts are obliged to be sensitive and cautious in order to ensure that no criminal escapes. In such circumstances, the criminal justice system’s sustainability is put to the test. Otherwise, criminal activity will continue uninterrupted.

Worst Example of Fast-Track Injustice: Best Bakery

At its Special Leave Petition (SLP) in the Supreme Court, the National Human Rights Commission challenged the judgment of the Fast Track Court of H.U. Mahida acquitting all 21 accused in the Best Bakery case, which involved the murder of 14 Muslims in communal riots in Vadodara on March 1, 2002. The NHRC claimed in its petition to the Supreme Court that even as one witness after another, including the main eyewitnesses, became hostile, Judge Mahida made no attempt to figure out why this was happening. The NHRC objected strongly, citing documents, that there was no adequate cross-examination of Zahira Sheik and Lal Mohammad, who contradicted their earlier written statements. “Instead of attempting to bolster the prosecution case, it appears that steps to the contrary were done,” according to the NHRC appeal. The NHRC also noted how the trial was reduced to a farce by excluding a full cross-examination of the investigating officer, who testified on June 21. The Additional Sessions Judge, Fast Track Court No. 1, Vadodara, completed the examination and recording of all 21 accused people’s statements under Section 313 of the Criminal Procedure Code (CrPC) on the same day and proceeded to hear arguments in part. The Fast Track Court, as its name suggests, handed down its decision on June 27.¹⁰

On February 20, the trial began. Was the trial court completely powerless in the face of a dearth of evidence? Apparently, the trial court believed it lacked the authority and jurisdiction to determine who was the genuine criminal if the accused were not guilty, or to compel restitution from the government to the victim. In his ruling, Judge Mahida stated, “The court of justice is not a court of justice in the true sense, rather it is a court of evidence.” “The prosecution was required to petition to the court to have the trial conducted in camera under Section 9 (6) of the CrPC when one witness after another was observed by the court to be resiling from the earlier statement made. Even if the prosecution did not do so, the court had the authority to request that the trial be held in private “The National Highway Traffic Safety Administration (NHTSA) drew attention to this. The trial court can postpone the trial under Section 309 of the CrPC for reasons that must be stated in writing in order to guarantee that a safe environment is provided for witnesses to depose without fear. It is also conceivable to recall and re-examine any person previously examined under Section 311, particularly if his or her testimony appears to be critical to the case’s just conclusion. The Fast Track Court did not use these powers and instead chose to acquit everyone. On August 8, the Supreme Court Bench appeared to concur with the NHRC’s petition in broad terms. It ordered the Centre and the Gujarat government to produce a report within two weeks detailing any plans to reform the criminal justice system.¹¹

Recent instances of miscarriage of justice

The case of Parsa Kente Collieries Ltd v. Rajasthan Rajya Vidyut Utpadan Nigam Limited, in which leave was eventually granted, was decided in haste and without much deliberation by the Supreme Court. According to the notification dated May 9th, 2018, the matter was meant to be heard by the summer vacation bench of the court, but it was instead taken up by a different bench. The case was put on hold since the court couldn’t reach a decision owing to a lack of evidence. In addition, the court took up the matter on May 21st on its own, hearing an argument from one of the parties involved. The judgment date was given the very following day.

The decision was made without informing the attorneys engaged in the case. The court’s action appeared to be ambiguous because the subject was not urgent enough to be dealt with before the deadline. As a result, this ruling was seen to be a miscarriage of justice because there was no necessity involved and the court made its decision in haste in order to clear out the pending cases. M/s Adani Power (Mundra) Ltd v. Gujarat Electricity Regulatory Commission and Ors was a case similar to this one in which the court acted similarly. In this case, too, the court’s decision was based on a new date chosen by itself rather than the previously specified dates. This clearly demonstrates that the court was biased in favor of one of the parties in the case. Both of these cases involved Adani Business Groups, and because the verdicts were in their favor, the business group profited by crores of rupees. Both rulings were rendered in an unreasonable and rushed way, which is contrary to the court’s regulations.

It’s possible that the court reached a decision as it saw fit, but the process by which the cases were handled, both of which were affiliated with a huge business company, was not fair. Another case in which the court committed a miscarriage of justice was Zulfikar Nasir & Ors v. State of Uttar Pradesh & Ors, often known as the Hashimpura massacre. The Hashimpura massacre occurred during the Rajiv Gandhi government’s reign of terror in India. The massacre resulted in the deaths of approximately 45 Muslim men who were being transported by a Provincial Armed Constabulary truck. Those men were wrongfully detained and held in detention for an indefinite period of time. As a result, the actions of the members of the Provincial Armed Constabulary were manifestly illegal. The killings occurred while the Muslim men were being held in jail. Because neither the men who were taken away nor their dead corpses were ever returned to their families, the High Court made it plain that the victims’ families had the right to know the reason and the truth as part of their access to justice. In a 2015 verdict, twenty years after the occurrence, the court acquitted all of the accused males on the basis of a lack of transparent evidence. The court’s decision has sparked a number of questions and debates about the country’s justice delivery system. After the matter had been neglected in the High Court of Uttar Pradesh for so long, such a move by the Supreme Court was a clear indication of a miscarriage of justice. The compensation which was decided by the Uttar Pradesh government to be provided to the families of the victims of the massacre was not put into effect as well. Many legal experts simply labeled this as genocide, and the court’s inaction on the topic was not welcome.

The court may have reached a rational judgment, but it should have also devised some means of obtaining justice for the victims’ families and should not have delayed the case for so long. Because jihadists are responsible for a large number of terrorist activities, many innocent Muslims have been exposed to abuse and harassment as a result of investigative officials declaring them guilty. The court had recognized the police officials’ miscarriage of justice in a case from 1996, in which the officials had arrested a few Muslim males and accused them of being responsible for an explosion at New Delhi’s Lajpat Nagar Market. These guys were cleared of the same charges in a 2012 ruling. If the court had not reviewed the police investigation, this case would have been considered a terrible miscarriage of justice. Following the 2011 attack, a new investigative team was developed in order to avoid future mismanagement and carelessness when conducting investigations. This episode, which occurred after the formation of the new time, exemplifies how officials’ carelessness and stupidity caused innocent individuals to suffer as a result of the improper prosecution of a case in which they were not even involved.

This case also highlights the Supreme Court’s role in the case, which is to keep a check on the activities of the police officers involved. Along with the courts, the government bears the duty of policing officials’ carelessness. The fact that the cases are being handled in his state must be made known to the state governments. Strict actions must be taken to ensure that authorities work diligently and with care. Taking a cue from Indian cases, the insights of a miscarriage of justice are nothing new in international situations. The United States of America has long struggled with racial issues, so the Florida bench’s decision in the case of Florida v. George Zimmerman, which involved the assassination of Trayvon Martin, an African-American teenager, by George Zimmerman, an American, was not a welcome one, as it exacerbated the society’s long-standing racial divide and was thus declared a miscarriage of justice. In this instance, the defendant was hurt as a result of the plaintiff’s murder and thus claimed self-defense. As a result, he was cleared of the murder allegations leveled against him. Several civil rights activists were opposed to the verdict, which was deemed to be discriminatory.

The court’s decision may not be incorrect, but the fact that a youngster was slain without cause should have been causing alarm. These examples show when a case has reached a court and has been heard by that court. There are a number of different situations that lead to a miscarriage of justice even before the case reaches the courts. The rape instances stand out among them. Several times, the victim of a rape case has been forced to withdraw their petition from the court due to pressure from society, the families involved, and political considerations. This implies a terrible miscarriage of justice by the courts due to the lack of support it is meant to provide to the victims and the inability to withdraw the claims that are pending. The oppression of African-Americans by whites has been a long-running social fight. The courts exist to promote equality and to eliminate any disparities that may arise. The Florida Supreme Court’s decision in the case of Florida v. George Zimmerman served to accentuate the social divides that previously existed. It is usually preferable for the courts to end a case with a conclusion based on grounds and clarity, as the absence of these factors leads to injustice.

Rape cases are a serious societal issue, and it is not difficult to press charges in such circumstances because there are statutes dedicated solely to rape. According to police officials, even after a successful investigation, the case is delayed due to a lack of judicial participation in such instances. Following that, the nation was made aware of the delays in the court’s decision-making ability through the case of Mukesh & Anr v. State for NCT of Delhi & Ors, also known as the Nirbhaya case. After nine years of litigation, the victim achieved justice when the rapists were sentenced to death by the court. However, not all rape cases have the same resources and support as Nirbhaya’s. This is a reflection of the court system’s flaws, which result in a miscarriage of justice. The events described above occurred within the last five to ten years. They were chosen because they reflect the direction in which the country and the world as a whole are heading. When the courts have gone to the aid of the victim to prevent injustice, they have also stayed silent or absent when justice has been denied.¹²

Why not the system is strengthened?

Poor litigants will continue to suffer unless systematic reforms are implemented to eliminate delays. Even within the current system, there is no reason why formal court processes should not be developed to expedite the hearing of urgent matters rather than leaving it to chance or using fast-track courts. Decisions on requests for early hearings are often made without regard for the consequences of any delay for poor litigants under the current system. Fast-track courts are unlikely to make a difference to the massive backlog of cases if there isn’t a rational and sensible system in place to support the rapid disposition of cases.

There is a need for studies that assess the quality of decisions rendered and the level of public confidence in the judicial system on a regular basis by the Law Commission, the National Human Rights Commission, law schools, and the nation as a whole. The fast-track court plan was a temporary fix that appears to have worked on the surface, as the backlog of cases has likely decreased and cases are being resolved more quickly. On the other side, it has caused major problems by resulting in a massive ‘miscarriage of justice’ in thousands of instances, eroding the judiciary’s credibility. On a legitimate mission, the entire legal system should be run on a fast track.

Ways to avoid a miscarriage of justice

No court wants to issue a decision that could result in a miscarriage of justice. It is not only the courts that are responsible for delivering an unjust verdict, but also the investigating officers who arrive before the case reaches the courts. Miscarriage of justice, if it occurs, should be prevented in order to ensure that the courts provide justice in a clear, affordable, and consistent manner. Below are some suggestions about how to go about doing so.

Special Courts

When courts are inundated with cases, they issue hasty decisions in an attempt to reduce the number of pending cases, which leads to miscarriage of justice. By their very nature, decisions made in haste are destined to be unjustified. To avoid this, special courts have been recommended and are being built up to handle a few cases and give justice quickly and without any loopholes. It has been suggested that special courts be established in each area to prevent unjust prosecutions from being carried out. The harmed person can file a claim alleging that he or she was wrongly prosecuted. The claimant bears the burden of proof for the unjust prosecution.

The special courts provide an efficient system for filing cases, payment options for clearing fees, a list of timetables for case disposition, the time limit for filing an application, and so on. For ordinary folks, this has made the court system easier, faster, and smoother. This is one technique to ensure that judges’ actions are monitored and that miscarriages are avoided. The special courts are required to send notice of the appeals hearing to the parties concerned in the case after receiving a claim.

The special court will provide an award for damages, whether monetary or non-monetary, to any party in the case after hearing the case and hearing both sides’ appeals. This simplifies the entire legal process for both the parties and the courts. The court must consider a few issues before awarding compensation to the victim, which is given below:

• A brief financial history
• Emotional harm to the aggrieved person
• Damages to the aggrieved party’s health, and so forth.

Human Rights

Human rights are fundamental rights that are granted to all citizens, regardless of their background. Human rights include the right to a fair trial, the right to freedom of speech and expression, and the right to liberty, all of which might be considered essential aspects in preventing a miscarriage of justice. The right to a fair trial is guaranteed under Article 6 of the Human Rights Convention, which states that everyone is presumed innocent until proven guilty. Article 5 of the Human Rights Convention guarantees liberty.

The phrase “liberty” refers to the fact that a person will be prosecuted according to the method laid out, and that the person imprisoned must be aware of the reasons for his detention. The guarantee of access to justice within a certain time frame is accompanied by liberty. The right to freedom of expression is addressed in Article 10 of the Human Rights Convention. This freedom allows an individual to connect with others who can help him get out of trials or provide a larger platform to demand justice, such as the media.

The special courts provide an efficient system for filing cases, payment options for clearing fees, a list of timetables for case disposition, the time limit for filing an application, and so on. For ordinary folks, this has made the court system easier, faster, and smoother. This is one technique to ensure that judges’ actions are monitored and that miscarriages are avoided. The special courts are required to send notice of the appeals hearing to the parties concerned in the case after receiving a claim.

Principles of Natural Justice

Natural justice principles have served as an important check on the possibility of a miscarriage of justice. In a similar way to human rights, the Indian Constitution includes natural justice principles in some of its sections to protect public rights. When there is a miscarriage of justice, it is the general public who suffers the most. Natural justice principles underpin all other statutes in place, hence they must be kept in mind for the Constitution to work effectively, as their violation amounts to the arbitrary exercise of power.¹³

Curative Petition

Curative petitions are those that serve as the last constitutional alternative for redressing grievances that have arisen in the court after the review plea has been exhausted. The Supreme Court adopted a curative petition for the first time in the matter of Rupa Ashok Hurra V. Ashok Hurra and Anr, in order to prevent a miscarriage of justice from occurring. In this case, the court stated that curative petitions can only be filed if the petitioner can show that the principles of natural justice have been violated.

In addition, the petition has the burden of establishing that the court was unaware of the presence of a curative petition at the time of the judgment. Although curative petitions are viewed with suspicion in unusual circumstances that are witnessed in open court proceedings, they are one of the tools for preventing miscarriages of justice and placing limits on the use of the courts’ power. In plain terms, a curative petition is a second review by the courts of its own judgments that have previously been issued. Article 137 of the Indian Constitution gives the Supreme Court the power to reconsider its decisions after they have been declared obligatory. The party that has been wronged has a legal right to make an appeal to the court for a second time to have its judgment reviewed, which must be done according to the court’s regulations.

Judicial review

Judicial review is a judicial power that allows the courts to check the constitutionality of the legislature’s and executive branches’ responsibilities. True, miscarriage of justice does not always arise as a result of court orders, but it can also emerge from the influence of the legislature and executive branches of government. Several cases have occurred that demonstrate how the executive’s influence and statutes enacted by legislatures might leave the judiciary unsure of what verdict to issue. To be on the safe side, courts frequently fail to pursue the road of justice, resulting in a miscarriage of justice. To avoid this, the courts can control the power of judicial review to keep a check on the other branches of government, and rather than being influenced individually, the three branches of government can work together to avoid a situation that could result in a miscarriage of justice.¹⁴

Conclusion

Miscarriage of justice is not a welcome development because it violates human rights. For the judiciary, a miscarriage of justice raises a lot of questions. The judiciary’s goal is to correct injustice. Because it leads to unfairness on the side of the parties concerned in the case, a miscarriage of justice negates the judiciary’s goal. The judiciary is well aware of the duties and responsibilities it bears to the nation’s residents. As a result, there is no need to instruct the courts. The judiciary, for its part, has already taken a number of steps to address the miscarriage of justice.

The judiciary should use more of these types of corrective procedures in order to successfully carry out the application of law and protect the innocent by administering justice. It is important to remember that the courts have served as a guiding light in countless cases, providing justice to both parties involved. Default does occur from time to time, but this is because of the confidence that courts have built with the public through time. The remedies and instruments established by the courts to provide safeguards will serve to maintain the judiciary’s independence and, as a result, allow it to function effectively.

References:

1. 247 (2018) DLT 31
2. 1983 AIR 1086
3. https://www.theguardian.com/commentisfree/2018/may/09/miscarriage-of-justice-victims-uk-supreme-court
4. Hussainara Khatoon V. State of Bihar AIR 1979 SC 1364
5. Maneka Gandhi V. Union of India, AIR 1978 SC 597
6. Constitution of India, 1949, art.38(1)
7. Constitution of India, 1949, art.39(A)
8. Babu V. Raghunathji AIR 1976 SC 1734
9. https://eachother.org.uk/5-shocking-miscarriages-justice-prisoners-need-human-rights/
10. https://www.news18.com/news/india/miscarriage-of-justice-delhi-hc-acquits-man-of-raping-daughter-10-months-after-his-death-1978487.html
11. Dr. Madabhushi Sridhar, Miscarriage of Fast Track Justice, Legal Service India http://www.legalservicesindia.com/articles/misoj.htm
12. Oishika Banerji, Recent instances of miscarriage of justice, iPleaders https://blog.ipleaders.in/recent-instances-miscarriage-justice/
13. Laskit, Concept of Natural Justice, Legal Service India https://www.legalserviceindia.com/legal/article-1549-concept-of-natural-justice.html
14. https://www.scconline.com/blog/post/2018/09/08/wrongful-prosecution-miscarriage-of-justice-legal-remedies-law-commission-of-india-report-no-277/

This article is written by Arryan Mohanty, a student of Symbiosis Law School.