Bail, not jail' is not a slogan, but the manifestation of a right to personal liberty given to an arrested person, flowing out of Article 21 of the Constitution of India. The basis of this is the internationally accepted principle that a person is presumed to be innocent until proven guilty. Unfortunately, certain crimes have led to the introduction of a reverse onus on an accused person with the result that there is no presumption of innocence. Examples of crimes providing for a reverse onus include economic offences, possession of commercial quantities of drugs and terrorist offences.
Historically, economic crimes have always held a special place in India. Conservation of foreign exchange and smuggling activities led to a law authorising the executive to preventively detain a person violating the provisions of the law. The law is draconian and the Supreme Court has delivered several judgments holding the executive to account and ensuring that the procedures for detention are rigorously followed. Wherever the executive fails to adhere to the strict letter of the law and judgments of the courts, the order of preventive detention is quashed. A similar rigorous interpretation is given to the provisions of the Narcotic Drugs and Psychotropic Substances Act, which is also draconian. The message sent out by the courts is that personal liberty is not to be trifled with and in matters of detention, procedural law is as important as substantive law.
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Denne historien er fra April 14, 2024-utgaven av THE WEEK India.
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Doctor's doctors
Internists deal with prevention, diagnosis and treatment of all kinds of diseases, while also coordinating with doctors across specialties
WORK THIS OUT!
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The experience of oppression
The British enacted several laws that might appear liberal, only to then veto the invocation of progressive measures. Nevertheless, these milestones guided the founding fathers in conceiving and creating the Constitution of India
One, two, buckle my shoe!
“Darling,” I said to my life companion of more years than I care to remember, “Do you think there is any correlation between pain in the feet and attending prayer meetings?”“You really are a stupid old man!” said the light of my life. “Can’t you think of anything more bizarre so late at night?”
A helping hand
Over the past year, Imaginarium has placed 3D-printed parts in space, in human bodies, in oil fields in the Middle East, and as drones on the Indian border
Fading federalism
One of the most visible indicators of the erosion of state autonomy is the diminishing financial independence of states
FOUNDING MOTHERS OF THE CONSTITUTION
THEIR CONTRIBUTION IN THE MAKING OF THE REPUBLIC REMAINS EXEMPLARY AND INSPIRING
Value every breath
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Statutes of unity
The Constitution reminds us that national oneness comes through addressing inequalities, not enforcing uniformity
Incomplete equality
Equal marriage rights is one of the last bastions of patriarchy and to dismantle it, the recognition of marital rape as an offence is non-negotiable
