Phenolphthalein Test: An Anathema to Protection provided under Article 20(3)

The phenolphthalein test is prevailingly used by the ACB for investigating a ‘corrupt’ public servant. However, the self-incriminating nature of the test attracts the vice of unconstitutionality under article 20(3) of the Constitution. In this blog, the author has argued that the test is very coercive & arbitrary and stands violative of the touchstones enumerated under article 20(3) of the Constitution.

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Addressing Intersectionality And Access To Justice: The Need For An Anti-Discrimination Legislation

The present constitutional provisions that provide protection against different forms of discrimination fall short of recognizing and doing complete justice to the victims of intersectional discrimination. Therefore, an anti-discrimination legislation in terms of substantive equality, horizontal applicability and access to remedies is argued for.

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Fair Trial in the Times of Tyranny?: A Case for Abolition

[Ed Note: Over the next few days, we shall be discussing Prof. (Dr.) Upendra Baxi’s article titled “Human Rights in the Administration of Criminal Justice: The Concept of Fair Trial” published in the Annual Journal of the National Human Rights Commission, Volume-19, 2020. This is the third response to the article by Ameya Bokil, co-founder of the Criminal Justice and Police Accountability Project. The introductory post and the links for responses from other commentators (Prof. Amita Dhanda & Prof. Jinee Lokaneeta) can be found here.]

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