I have not written newsletters since June 2022 due to my busy schedule. Still, I use to continue giving you relevant news for law optional from various sources on telegram @Defactolaw Channel.
I will be now regularly sending you current affairs which might be useful in writing your answers in law optional. Today I have 3 news item which may be relevant for you
Death sentence needs reform - Awarding Death sentencing in India is primarily governed by judgement of bacchan singh, where by court had laid down two criterion, which will determine whether a death sentence should be awarded or not, Namely, Mitigating circumstances and aggravating circumstances [Rarest of rare Doctrine].
This however makes it more subjective than objective as the same circumstances may be considered both depending upon the fact of a case. Courts in other judgments tried to add an additional layer of criterion such as ‘’inability of criminals to reform’’, or ‘’shocking the conscience of society’’. All of them again were subjective hence recently in manoj v State, SC have ordered this vexed question to be settled conclusively by a larger bench. This article argues the same.
The article further points out same day sentencing should be avoided as it gives very little to no time for the offender to prepare its defence for sentencing hearing. The article argues ‘
‘’Present thinking, however, is veering towards the view that courts must elicit reports from the jail authorities, probation officers and even trained psychologists to assess the mitigating factors in favour of not imposing the death penalty. In its referral order, the Bench has also raised the question as to the stage at which mitigating factors are to be presented.’
It leads to as per author a situation where scales are titled against the convict as they are able to speak about it, only when conviction is confirmed, thereby giving them very little wiggle room.
Statelessness in India - Statelessness is inherently connected with violation of Human right. Every circumstance which violates human rights essentially germinates due to statelessness. Stateless people are often subject to non participation in the political and economic process of the country.
This article argues how SC in Abirami S. vs The Union of India [2022] have liberally interpreted the provisions of CAA to include tamilians born in India.
In another important decision of the Committee for C.R. of C.A.P. and Ors. vs State of Arunachal Pradesh 2015 Have taken a undertaking given by government of india as an evidence of de jure recognition of citizenship to chakma refugee in arunachal pradesh.
Uniform civil code - Multiple article have been written about UCC over the years but for law optional perspective, this ‘the hindu’ explainer is best, It have properly covered four heading that one must write in question related to UCC, Namely
Constitutional assembly debates, various jurist arguments, SC opinion on the subject and best possible solution. Make a detailed note and read nothing else on the topic.
See you next week.
