Criminal Law, Including Anti-Terror Legislation, Should Not Be Misused For Quelling Dissent Or Harassment To Citizens
3 years, 5 months ago

Criminal Law, Including Anti-Terror Legislation, Should Not Be Misused For Quelling Dissent Or Harassment To Citizens

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Supreme Court Justice Dr. DY Chandrachud, in an address to the India-US Joint Summer Conference on Indo-US legal ties, noted that criminal law, including anti-terror legislation, should not be misused for quelling dissent or harassment to citizens. He noted, "But as the country evolved, the Supreme Court of India incorporated the doctrine of procedural due process in its jurisprudence by holding that a procedure established by law must be just, fair, and reasonable. Justice Chandrachud noted that the Indian Supreme Court, the last court of appeal in India, has a wide reach over its population, executive, and lower courts. He notes on the interdependence of the two legal systems, "The Indian Supreme Court has often relied on comparative jurisprudence emanating from the US, often indulging in a transnational judicial dialogue, for instance in my judgment in Navtej Johar vs. Union of India, where the Indian Supreme Court decriminalized same-sex relations between adults, I relied on comparative law developments from the United Kingdom, the European Court of Human Rights and the celebrated decision in Lawrence v Texas of the US Supreme Court to hold that there was the growing liberal consensus towards the equal treatment of LGBTQ rights and that India could not be left behind in this transformational revision."

History of this topic

Bombay Lawyers Association Moves Supreme Court To Disqualify Vice President, Law Minister Over Remarks On Basic Structure Doctrine, Collegium
1 year, 8 months ago
Anti-terror laws should not be misused to quell dissent, says Justice DY Chandrachud
3 years, 5 months ago
More than 700 Lawyers Write to Chief Justice, Raise Concern over Trend to 'Browbeat Judiciary'
4 years, 4 months ago

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