DAKSH Podcast Maed in India
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- Governo
Welcome to the DAKSH podcast. DAKSH is a Bangalore-based non-profit dedicated to judicial reforms and access to justice in India. Through this series, we will critically examine India’s laws, judicial administration, the prison system, family law and other topics that we hope will help you understand our public institutions and your rights. Join us every Tuesday, as we discuss and decode this system.
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Listing of Cases
In this episode, Ninni Susan Thomas interviews Advocate Vikram Hedge, an Advocate-on-Record at the Supreme Court who practises at courts in Karnataka and Delhi, as well as in other High Courts and Tribunals. The conversation begins by shedding light on the lesser-known aspects of a lawyer's tasks, leading to discussions on common challenges faced by lawyers, litigants, and the public when accessing courts. Issues such as lack of adequate notice before hearings and the uncertainty surrounding court dates are explored. The importance of causelists in addressing these challenges is emphasised, along with suggestions on how they can be improved. Furthermore, the conversation delves into the necessity of listing rules to enhance transparency in the functioning of courts.
If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/
References:
On issues of listing at the Supreme Court: https://www.thehindu.com/news/national/on-the-listing-of-cases-in-the-supreme-court-explained/article67625314.ece
Need for listing practices in courts:: https://www.dakshindia.org/with-a-huge-backlog-of-cases-the-indian-judiciary-should-revisit-the-listing-practices-of-courts/
CREDITS:
Host: Ninni Susan Thomas
This is a Maed in India production.
Producer: Sean D’mello
Sound Design & Mixing: Vijay Doiphode
Project Supervisor: Shaun Fanthome -
The Rule of Law
Our guest for this episode is Justice (retd.) S Muralidhar, former Chief Justice of the High Court of Orissa and former Judge of the Punjab and Haryana High Court and Delhi High Court. In this episode we're diving into a topic that's at the heart of India's legal framework: the rule of law. What ensures that you, me, and every individual we pass on the streets or meet in our workplaces are all bound by the same set of legal rules? That's the rule of law in action. It's the glue that holds our diverse society together, ensuring that justice isn't just a lofty ideal but a tangible reality for every citizen, regardless of their background or influence.
If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/
Rule of Law in India: A Quest for Reason, OUP India, 2018
Rule of law index https://worldjusticeproject.org/rule-of-law-index/
CREDITS:
Host: Leah Verghese
This is a Maed in India production.
Producer: Sean D’mello
Sound Design & Mixing: Lakshman Parsuram
Project Supervisor: Shaun Fanthome -
Marriage Equality Case
In this episode, Ninni Susan Thomas speaks to Senior Advocate Raju Ramachandran, a former Additional Solicitor General and who has been involved in influential cases related to constitutional law at the Supreme Court for more than 3 decades. Some nuances about the Marriage Equality Case which was heard by the Supreme Court where the legal recognition of same-sex marriages in India was sought for and he represented one of the petitioners were discussed. Other topics of discussion included whether the Supreme Court was the right forum for this adjudication, the impact of the judgement on other constitutional and discrimination cases, the Supreme Court choosing not to decide on the notice provisions in the Special Marriage Act and his thoughts on the Supreme Court having asked for a decision on the issue to be made by a Committee to be constituted by the Union Government.
References:
Supriyo & Anr. v. Union of India, judgement in the Marriage Equality Case: https://main.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdf
Round-up of the hearings and constitutional issues: https://indconlawphil.wordpress.com/2023/11/22/the-supreme-courts-marriage-equality-judgment-round-up/
Delinking personal laws: https://www.scobserver.in/journal/adjudicating-marriage-equality-an-opportunity-lost-or-a-bullet-dodged/
Effect on fundamental rights: https://www.scobserver.in/journal/marriage-equality-judgement-overlooking-fundamental-rights-justice-bhat-on-marriage-equality/#:~:text=There%20were%20four%20opinions%20among,of%20LGBTQIA%2B%20persons%20to%20marry.
Effect on the queer community: https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1046&context=popular-media
Court not dealing with the notice provisions in Special Marriage Act: https://www.livelaw.in/top-stories/same-sex-marriage-supreme-court-special-marriage-act-provisions-notice-objections-228449
CREDITS:Host: Ninni Susan Thomas
This is a Maed in India production.
Producer: Sean D’mello
Sound Design & Mixing: Lakshman Parsuram
Project Supervisor: Shaun Fanthome -
Accessing the courts as journalists
In this episode of the DAKSH Podcast, Leah Verghese spoke to Apurva Vishwanath about court reporting. The courts are forbidding institutions with complex procedures. Often regular citizens can access the courts only through what is reported through the media. In this episode, Apurva discussed how she became a legal journalist, the challenges with legal reporting in India and live tweeting.
If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/
MĀRGA – Media And its Role in Governance and Accountability https://www.dakshindia.org/marga/
Live tweeting from courts puts enormous burden on judges: CJI DY Chandrachud https://www.indiatoday.in/india/story/live-tweeting-from-courts-puts-enormous-burden-on-judges-cji-dy-chandrachud-2348442-2023-03-18
CREDITS:
Host: Leah Verghese
This is a Maed in India production.
Producer: Sean D’mello
Sound Design and Mixing: Vijay Doiphode
Project Supervisor: Shaun Fanthome -
The Model Code of Conduct
In this episode, the second in our series on elections, Leah Verghese discusses the Election Commission’s Model Code of Conduct. Learn about what role the Model Code of Conduct plays in the conduct of free and fair elections, the effectiveness of the code and the challenges it faces in an ever-evolving political landscape.
Editor’s note: This episode was recorded on the 2nd of April 2024, in the lead up to the general elections.
If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/
References
Expecting Model Code of Conduct to kick in, government departments speedrun project approvals https://economictimes.indiatimes.com/news/elections/lok-sabha/india/expecting-model-code-of-conduct-to-kick-in-government-departments-speedrun-project-approvals/articleshow/108538728.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
Lok Sabha elections 2019: ₹3000 crore haul by Election Commission, highest in Lok Sabha polls https://www.hindustantimes.com/lok-sabha-elections/lok-sabha-elections-2019-rs-3000-crore-haul-by-election-commission-highest-in-lok-sabha-polls/story-ugdYhuN5l2MNS2ppYRGWlI.html
Lok Sabha polls cancelled in Tamil Nadu's Vellore after massive cash haul https://www.indiatoday.in/elections/lok-sabha-2019/story/lok-sabha-polls-cancelled-in-vellore-after-massive-cash-haul-1503419-2019-04-16
Mamata Banerjee's appeal to Muslims violated model code of conduct, says Election Commission https://www.hindustantimes.com/elections/west-bengal-assembly-election/mamata-banerjee-s-appeal-to-muslims-violated-model-code-of-conduct-says-ec-101617803773352.html
Model Code of Conduct for the Guidance of Political Parties and Candidates https://tmp.eci.gov.in/mcc
CREDITS:
Host: Leah Verghese
This is a Maed in India production.
Producer: Sean D’mello
Sound Design & Mixing: Lakshman Parsuram
Project Supervisor: Shaun Fanthome
Research Assistance: Manushree Sarkar -
Election Commission
In this episode, the first in our series on elections, Leah Verghese discusses the Election Commission, the institution that oversees the mammoth task of elections in the world’s largest democracy. Learn more about this significant public institution, its origin, evolution, and the important personalities who shaped its trajectory.If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/References
About Election Commission of India https://www.eci.gov.in/about-eci
An Expert Explains: How EC evolved, what rules it follows in case of disagreement https://indianexpress.com/article/explained/an-expert-explains-how-election-commission-evolved-what-rules-it-follows-in-case-of-disagreement-5720029/
Anoop Baranwal vs. Union of India WP (CIVIL) NO.104 OF 2015
Appointment of CEC, EC | Supreme Court refuses to stay new law; issues notice for hearing in April https://www.thehindu.com/news/national/appointment-of-cec-ec-supreme-court-refuses-to-stay-new-law-issues-notice-for-hearing-in-april/article67733389.ece
Manjari Katju, Election Commission and Changing Contours of Politics Economic and Political Weekly Vol. 44, No. 16 (Apr. 18 - 24, 2009)
Manjari Katju, Election Commission and Functioning of Democracy Economic and Political Weekly , Apr. 29 - May 5, 2006, Vol. 41, No. 17 (Apr. 29 - May 5, 2006)
R. P. Bhalla, Electoral Mechanism in India (1951-1971) The Indian Journal of Political Science Vol. 33, No. 1 (JAN-MAR, 1972)
S.S. Dhanoa vs. Union of India (1991) 3 SCC 567
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term Of Office) Act, 2023
CREDITS:Host: Leah Verghese
This is a Maed in India production.
Producer: Sean D’mello
Sound Mixing: Lakshman Parsuram
Project Supervisor: Shaun Fanthome
Research Assistance: Manushree Sarkar