Browsing by Author "Prof. Kamala Sankaran, - Supervisor"

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Examining bias in granting bail in the Delhi judicial system
(National Law School of India University, Bangalore, 2023-10-18) Ross, Rohan; Prof. Kamala Sankaran, - Supervisor
The high proportion of undertrial prisoners in Indian prisons, reaching 77.12 percent of the national prison population in 2021, raises concerns when compared to the global average of 20 percent. Access to Justice, recognized as a Fundamental Right under Article 14 of the Indian Constitution, ensures free legal representation and certain rights for all citizens, including default bail for prolonged undertrial detention. However, the Indian judicial system faces challenges in providing timely trials for undertrial prisoners, placing a dual burden on both the prisoners and the overcrowded prison system, which experienced a 36 percent overcrowding rate in the same year. Delhi's situation is particularly alarming, with over 90 percent of the prison population consisting of undertrial prisoners awaiting determination of their guilt. This study analysed the functioning of the Delhi Judicial system, specifically focusing on its tendency to grant bail to undertrial prisoners who have been detained for a period exceeding one-half of the maximum specified imprisonment term for their offenses. To achieve this objective, expert interviews were conducted with individuals from organizations such as the Commonwealth Human Rights Initiative, advocates working in Delhi Courts, and government officials dealing with the subjects of law and justice. Additionally, government-provided prison statistics and relevant literature were analysed to assess the scope of the problem and explore potential variables related to prolonged undertrial detention or favourable bail orders. The research question guiding this study was whether the Delhi Judicial system exhibited patterns in granting bail to undertrial prisoners. The findings indicated that the ability for researches to pinpoint individual instances of judicial discrimination against any class or category of persons was extremely difficult, even if a strong correlation could be indicated, due to the causation being largely impossible to point out. The interviewees did, however, point out several bases on which discrimination was largely likely from a systematic standpoint, which included biases arising on economic grounds, and an inability for defendants to access adequate legal representation, which would pit them on unequal footing against the State. Certain interviewees pointed out that the system did hold relevant checks and balances in the form of a Rule of Law strengthened by the Constitution of India, paired with a strong sense of fairness present in the Indian Judicial System. The solution to the identified problem lies in the strengthening of such safeguards in order to derive better Judicial outcomes.
Secularism in the Context of State-Religion Interactions
(National Law School of India University, Bangalore, 2023-09-26) Kaur, Prabhjot; Prof. Kamala Sankaran, - Supervisor