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Subject: Judiciary

  • What is the ‘Doctrine of Coverture’ in English common law?

    Why in the News?

    The Marital Rape Exception (MRE), rooted in the doctrine of coverture from English common law, has long sparked debates about the legal autonomy of women within marriage.

    Marital Rape Exception (MRE): What is it?

    • The MRE is found in Exception 2 to Section 375 of the Indian Penal Code (IPC), 1860, and its equivalent, Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023.
      • According to these provisions, sexual intercourse or sexual acts by a man with his wife do not constitute rape if the wife is above 18 years of age.

    Why discuss this?

    • This legal immunity for husbands has been challenged for violating fundamental rights, and now, a three-judge Bench led by CJI D.Y. Chandrachud is set to examine the constitutional validity of this exception.
    • The outcome of this case could redefine the boundaries of consent and bodily autonomy within the institution of marriage in India.

     

    Split Verdict by the Delhi High Court in 2022:

    1. Justice Rajiv Shakdher’s Opinion:

    • Declared the Marital Rape Exception (MRE) unconstitutional.
    • Argued that the MRE violates a woman’s bodily autonomy and expression.
    • Criticized the exception as being rooted in patriarchy and misogyny.
    • Held that the classification of marital rape as different from rape outside marriage is unreasonable and arbitrary.
    • Emphasized that forced sex outside marriage is treated as “real rape,” while the same act within marriage is not.

    2. Justice C. Hari Shankar’s Opinion:

    • Upheld the Marital Rape Exception, considering it legal within the framework of marriage.
    • Argued that sexual relations within marriage are a legitimate expectation.
    • Expressed concerns that allowing prosecution of husbands for non-consensual sex would be antithetical to the institution of marriage as understood in Indian society.
    • Believed that introducing the possibility of husbands being seen as rapists within marriage would undermine the institution of marriage.

    Doctrine of Coverture from English Common Law:

    • The doctrine states that upon marriage, a woman’s legal existence was essentially merged with that of her husband.
    • The married woman was legally dependent on her husband, losing autonomy over her legal rights and property.
    • Impact on Women’s Rights:
      • Under this doctrine, a wife had no independent legal identity during marriage.
      • Women could not own property, enter contracts, or bring legal claims without their husband’s approval.
      • The husband had control over the wife’s body and actions, including sexual relations.
    • Influence on Marital Rape Exception:
      • The doctrine formed the basis for the original Marital Rape Exception in British common law.
      • It implied that a wife gave permanent consent to sexual relations upon marriage, which could not be withdrawn.
      • This legal reasoning was adopted in many British colonies, including India, and continues to influence Indian law today.
    • Modern Rejection:
      • England abolished the Marital Rape Exception in 1991 in the case of R v. R, recognizing that the doctrine of coverture no longer reflected the status of women in modern society.
      • Despite this, the doctrine’s influence persists in India’s legal system, particularly through the Marital Rape Exception in BNS.

    PYQ:

    [2024] The soul of new law, Bhartiya Nyay Sanhita (BNS) is Justice, Equality and Impartiality based on Indian culture and ethos. Discuss this in the light of major shift from a doctrine of punishment to justice in the present judicial system. 

  • Why did Delhi HC allow a 60-year-old couple to access their dead son’s sperm?

    Why in the News?

    The Delhi High Court recently permitted a couple in their sixties to access their late son’s sperm sample, thus opening the door for posthumous assisted reproduction.

    About the Present Case:

    • The Delhi HC allowed a couple in their sixties to access their deceased son’s sperm sample for posthumous assisted reproduction, marking a significant legal ruling.
    • The son, who passed away from cancer in 2020, had cryopreserved his sperm at a hospital. The hospital refused to release the sample without a court order since there were no guidelines for cases without a surviving spouse.
    • The parents sought court intervention to carry on their son’s legacy, with the assurance that they would take full responsibility for any child born through surrogacy using the sperm sample.

    What is the ART Act?

    • The Assisted Reproductive Technology (ART) Act, 2021 regulates fertility treatments and artificial insemination procedures in India.
    • It provides guidelines for posthumous retrieval of sperm but is limited to cases where the deceased is married, allowing the surviving partner to seek sperm retrieval.
    • The Ministry of Health and Family Welfare stated that the current legislation does not account for “postmortem grandparenthood” cases, where grandparents seek to use a deceased individual’s sperm.

    What are present International practices?

    • Uruguay: Allows posthumous reproduction with written consent valid for one year.
    • Belgium: Permits posthumous reproduction after a six-month waiting period following death, and the request must be made within two years.
    • Victoria, Australia: Requires written or oral consent before witnesses, approval from a “patient review panel,” and counseling for the parent.
    • Canada and the UK: Both require written consent for posthumous reproduction.
    • Israel: Limits the use of a deceased individual’s sperm to the female partner, with some exceptions allowing parents to use it. The Delhi High Court ruling referenced a similar case in Israel involving a 19-year-old soldier.

    Precedents and Concerns:

    • Legal Precedent for Non-Spousal Claims: The Delhi High Court’s ruling sets a precedent where parties other than a spouse, such as parents, can claim the right to access a deceased individual’s cryopreserved reproductive material.
      • This expands the legal interpretation beyond the scope typically covered by existing laws, which usually prioritize the spouse’s consent.
    • Ethical and Consent Issues: Posthumous reproduction raises ethical concerns, particularly regarding the presumed consent of the deceased individual.
      • Determining whether the deceased intended for their reproductive material to be used after death can be complex, especially when explicit written consent is not available.
    • Child Welfare Considerations: The ruling highlights concerns about the future child’s welfare, who would grow up without one genetic parent.

    Way forward: 

    • Establish Clear Legal Guidelines: Develop comprehensive legal frameworks for posthumous reproduction, addressing scenarios beyond spousal claims and ensuring explicit consent requirements to guide such cases.
    • Prioritize Child Welfare and Ethical Considerations: Implement safeguards like mandatory counseling, ethical review panels, and consideration of the child’s best interests in decisions involving posthumous assisted reproduction.
  • The grueling course of litigation in India

    Why in the News?

    At the National Conference of the District Judiciary, President Droupadi Murmu emphasized the problem of court delays. She pointed out that these delays are causing people to hesitate in approaching the courts.

    What are the primary causes of delays in the Indian judicial system?

    • Ineffective Case Management: The lack of proper scheduling and timelines for filing documents, examining witnesses, and scheduling hearings leads to inefficiencies and prolonged delays.
      • Lawyers often seek adjournments due to unpredictable scheduling or strategic reasons, leading to repeated postponements of hearings.
    • Overburdened Judges: District court judges are often under pressure to prioritize cases based on higher court directives, skewing case management in favor of meeting deadlines rather than ensuring timely justice.
    • Incentive Structure for Judges: The “units system” rewards judges for disposing of simpler cases, often causing more complex cases to be delayed or neglected.
    • Extended Stays and Interim Orders: Litigants may use stays as a strategic delay tactic, reducing the urgency to resolve cases quickly.
    • Unpredictable Witness Testimonies: Disruptions in the court schedule and procedural delays make it difficult for witnesses to attend court, further contributing to trial delays.

    Status of the case pending in India: 

    • Total Pending Cases: As of 2024, there are over 58.59 lakh cases pending in high courts alone, with a staggering total of more than 51 million (5.1 crore) cases across all court levels, including district and Supreme Court.
    • Long-standing Cases: Nearly 62,000 cases have been pending for over 30 years, with some dating back to 1952. In high courts, about 23% of cases have been pending for over ten years2.
    • High Court Breakdown: The Allahabad High Court has the highest backlog, with over seven lakh cases pending as of 2018. Meanwhile, the Supreme Court currently has around 83,000 cases pending, marking a significant increase over the past decade despite an increase in the number of judges

    What impact do these delays have on public perception and access to justice?

    • Erosion of Trust: Delays make the judicial process appear slow and ineffective, leading to public hesitation in approaching courts, fearing that litigation will complicate their lives.
    • Increased Legal Costs: Prolonged cases escalate legal costs for litigants, making justice unaffordable for many.
    • Reluctance to Seek Justice: The “black coat syndrome” highlights how people avoid courts due to the fear of endless adjournments and delays, diminishing access to timely justice.
    • Backlog of Cases: The increasing backlog due to delays creates further congestion in the judicial system, perpetuating a cycle of inefficiency.

    How can reforms improve the efficiency of the judiciary? (Way forward)

    • Improved Case Management Systems: Implementation of Case Flow Management Rules with a focus on enforcing timelines for hearings and case disposal can streamline the process.
    • Reformed Incentive Structures: Reform the “units system” to incentivize judges to handle complex cases more efficiently rather than prioritizing simpler ones.
    • Predictable Scheduling for Lawyers: Providing clear scheduling information to lawyers can reduce unnecessary adjournments and improve case flow.
    • Review of Stay Orders: Limiting the duration of stay orders and making them subject to regular review can discourage their misuse as delay tactics.
      • Introducing real-time case management systems to track case progress and monitor delays could enhance judicial efficiency.
    • Support for Witnesses: Offering financial compensation and providing predictability in court appearances can encourage witnesses to testify without unnecessary delays.
  • Why Karnataka HC allowed investigation against CM Siddaramaiah in alleged MUDA scam case

    Why in the News?

    On Monday, September 24, the Karnataka High Court permitted an investigation into Chief Minister Siddaramaiah in connection with the alleged Mysore Urban Development Authority (MUDA) scam.

    What was the MUDA scam case?

    • The Allegations: In July 2023, anti-corruption activists approached Karnataka Governor Thawarchand Gehlot, alleging that Chief Minister Siddaramaiah’s wife, Parvathi, received 14 housing sites from the Mysore Urban Development Authority (MUDA). 
      • This was allegedly in exchange for a 3.16-acre plot of land that MUDA illegally acquired in 2021, during the tenure of the BJP-led government. The scam allegedly caused a loss of ₹55.80 crore to the state.
    • Governor’s Action: In response, the Governor issued a show-cause notice to Siddaramaiah and later sanctioned an investigation under the Prevention of Corruption Act, 1988 (PCA) and the Bharatiya Nyaya Sanhita, 2023.

    What were the grounds for Siddaramaiah’s challenge? 

    • Council of Ministers’ Advice: The Chief Minister argued that the Governor was bound by the Council of Ministers’ August 1, 2023 resolution, advising withdrawal of the show-cause notice.
    • Governor’s Discretion: Siddaramaiah contended that the Governor’s sanction was unjustified, biased, and exceeded his discretionary powers, which could only be invoked if the Council’s decision was irrational.

    What did the court decide?   

    • The Karnataka High Court upheld the Governor’s sanction for the investigation, stating that the circumstances justified the Governor’s actions under “exceptional circumstances.”
    • The court observed that the Governor’s decision was not made in haste but after careful consideration of the allegations and relevant facts.
    • The court clarified that private individuals (complainants) can seek approval to investigate public officials under the Prevention of Corruption Act, and the Governor’s approval can be granted even in such cases.
    • The court lifted the interim embargo on the investigation against Siddaramaiah, allowing the inquiry to continue into the alleged MUDA scam.

    Conclusion: The Karnataka High Court upheld Governor Gehlot’s sanction for an investigation into the alleged MUDA scam, rejecting Siddaramaiah’s challenge. The court ruled that exceptional circumstances justified the Governor’s actions, allowing the inquiry to proceed.

  • The perception of Justice

    Why in the News?

    The perception of justice is as vital as justice itself, with unelected constitutional institutions expected to uphold transparency and exercise restraint in engaging with elected authorities.

    Relationship between Public Perception and the Actual Functioning of the Justice System:

    • Role of Perception in Justice: Perception of justice is critical because it shapes public trust in institutions. Even if the justice system functions properly, if it is perceived as biased or ineffective, it erodes confidence. The system must not only deliver justice but also be seen as just.
    • Moral Authority: When unelected constitutional bodies, like the judiciary, demonstrate transparency and accountability, they build moral authority.
    • Perception vs Reality: Public perception can sometimes be more influential than the actual functioning of the system. Institutions like the judiciary must work to balance delivering justice and managing public perception to maintain credibility.

    How Do Systemic Biases Affect Perceptions of Justice Among Marginalized Communities:

    • Historical and Structural Biases: These perceptions arise when the system disproportionately impacts certain communities, whether through discriminatory practices or unequal access to legal representation.
    • Erosion of Trust: When systemic biases are evident, marginalized groups may become cynical or disengaged from legal processes, believing that the system is not designed to serve their interests. This creates a widening gap between these communities and the justice system.
    • Impact on Public Discourse: Systemic biases fuel narratives that the justice system is rigged or unfair. In the long term, this can lead to public apathy, where marginalized groups may stop engaging with the system, assuming that it will not provide them justice.

    Broader Reflections on Democracy and Institutions:

    • Information and Discourse: The explosion of media and social media has blurred the lines between personality-driven and issue-based politics. This shift has led to heightened cynicism, where the focus on individuals overshadows serious discourse on public issues.
    • Restoring Institutional Integrity: For democracies to thrive, institutions must maintain boundaries defined by constitutional mandates. When constitutional organs exhibit higher standards of probity and transparency, they inspire trust, which is vital for democracy.
    • Responsibility of Constitutional Institutions: Independent constitutional bodies, like the judiciary, are expected to rise above partisan politics and protect democratic values.
      • The example of T.N. Seshan, former Chief Election Commissioner of India, exemplifies how individuals can enhance institutional integrity by adhering to constitutional principles and maintaining public confidence.

    Conclusion:

    The functioning of the justice system, while critical, is deeply influenced by public perception, especially among marginalized communities. Systemic biases create barriers to justice for these communities, reinforcing negative perceptions. Constitutional organs must hold themselves to higher standards, as public trust in these institutions is vital for the health of democracy.

  • New Flag and Insignia of the Supreme Court of India

    Why in the News?

    President Droupadi Murmu unveiled the new flag and insignia of the Supreme Court of India during the National Conference of District Judiciary in New Delhi.

    About New Flag and Insignia of the Supreme Court of India:

    Details
    Designed by National Institute of Fashion Technology (NIFT), Delhi
    Flag Design Blue flag featuring three symbols:

    1. Ashoka Chakra (Symbol of India’s legal and cultural heritage)
    2. Supreme Court Building (Represents the institution of justice in India)
    3. Constitution of India (Highlights the role of the Supreme Court as the guardian of the Constitution)
    Insignia 
    • Includes the Sanskrit phrase Yato Dharmastato Jayah inscribed in Devanagari script.
    • Translates to “Where there is Dharma, there is victory“, symbolizing the Supreme Court’s dedication to justice and righteousness.
    • Occurs 13 times in the epic the Mahabharata.
    Flag Formats Available in cross table flat, single table flag, pole flag, and wooden frame versions

     

    PYQ:

    [2023] Consider the following statements in respect of the National Flag of India according to the Flag Code of India, 2002:

    Statement-I: One of the standard sizes of the National Flag of India is 600 mm * 400 mm.
    Statement-II: The ratio of the length to the height (width) of the Flag shall be 3:2.
    Which one of the following is correct in respect of the above statements?

    a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I

    b) Both Statement-I and Statement-II are correct and Statement II is not the correct explanation for Statement-I

    c) Statement-I is correct but Statement-II is incorrect

    d) Statement-I is incorrect but Statement-II is correct

  • What is a Review Petition?

    Why in the News?

    Some medical students have filed a review petition against the Supreme Court’s dismissal of their plea to cancel NEET UG 2024 over alleged malpractices.

    What is a Review Petition?

    Details
    Constitutional Provision Article 137 of the Constitution allows the Supreme Court to review any of its judgments or orders.
    Scope of Review
    • Corrects “patent errors” and not minor mistakes.
    • It is not an appeal; it does not involve re-evaluating the entire case but correcting grave errors resulting in a miscarriage of justice.
    Filing Review Petition
    • Can be filed by any person aggrieved by a ruling, not necessarily a party to the case.
    • Must be filed within 30 days of the judgment or order.
    • Delay can be condoned if justified with strong reasons.
    Grounds for Review
    • Discovery of new and important evidence not available earlier despite due diligence.
    • Mistake or errors apparent on the face of the record.
    Procedure in the Court
    • Review petitions are usually heard through circulation without oral arguments.
    • In exceptional cases, oral hearings may be allowed, especially in death penalty cases. 
    • Heard by the same bench of judges who delivered the original judgment or order.
    Option After Review Fails If a review petition is dismissed, a curative petition can be filed as per the Roopa Hurra v. Ashok Hurra (2002) ruling, on very narrow grounds similar to a review petition.

     

    PYQ:

    [2017] In India, Judicial Review implies:

    (a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

    (b) the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.

    (c) the power of the Judiciary to review all the legislative enactments before they are assented to by the President.

    (d) the power of the Judiciary to review its own judgements given earlier in similar or different cases.

  • Report reveals minimal use of Plea Bargaining in Courts

    Why in the News?

    According to a report by the Ministry of Law and Justice, only 0.11% of cases were settled through “plea bargaining” in 2022.

    Key Findings of the Report:

    • In 2022, only 19,135 out of 1,70,52,367 cases (about 0.11%) in Indian courts were disposed of through plea bargaining, indicating its minimal use.
    • Despite legal restrictions, 119 cases of crimes against women and only 4 cases under the Protection of Children from Sexual Offences Act (POCSO) were resolved through plea bargaining in 2022, showing a deviation from the intended exclusions.

    What is Plea Bargaining?

    Details
    Definition
    • Plea bargaining allows an accused person to negotiate with the prosecution for a lesser punishment by pleading guilty to a less serious offence. 
    • This involves pre-trial negotiations on the charge or the sentence.
    Provision in India Introduced in 2006 as part of the Criminal Law (Amendment) Act, 2005 under Chapter XXI-A (Sections 265A to 265L).
    • Limited to offences that do not attract the death sentence, life sentence, or a term above seven years.• Not applicable to offences affecting socio-economic conditions or committed against women or children under 14. (applies only to offences punishable by up to seven years of imprisonment)
    Procedure in India Only the accused can initiate plea bargaining.
    • The accused must apply to the court to start the process. If permitted, a meeting involving the prosecutor, investigating officer, and victim (if any) is held for a satisfactory case disposition.
    • Includes possible reduced sentences and compensation payments to the victim by the accused.
    Benefits Offered • Speeds up trials, reduces litigation costs and ends uncertainty over case outcomes.
    • Helps reduce prison overcrowding and the number of prolonged imprisonments of undertrials.
    • Offers a chance for offenders to make a fresh start.
    • Could improve conviction rates, as seen in the USA.
    • Recommended by the Malimath Committee (2000) for its potential to dramatically impact conviction rates and ensure a speedy trial.

     

    PYQ:

    [2021] With reference to India, consider the following statements:​

    1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.​

    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.​

    Which of the statements given above is/are correct?​

    (a) 1 only ​

    (b) 2 only​

    (c) Both 1 and 2 ​

    (d) Neither 1 nor 2​

  • The top court as custodian of liberties    

    Why in the News?

    • Delhi Deputy Chief Minister Manish Sisodia was arrested in early 2023 by the CBI and ED in the Delhi liquor policy case. After nearly a year and a half in prison, the Supreme Court of India granted him bail, underscoring that bail should not be used as a form of punishment.

    Previous judgments on the ‘Right to Speedy Trial’:

    1. The Supreme Court referenced its earlier judgments, including Kashmira Singh (1977), P. Chidambaram (2020), and Satender Kumar Antil (2022), which establish that the right to a speedy trial is fundamental under Article 21 of the Constitution.
    2. The Court’s decision in Arnab Manoranjan Goswami vs The State of Maharashtra and Ors. (2020) was cited, reinforcing that liberty is a core component of constitutionalism.
    3. In recent scenario, the SC relied on its earlier order dated October 30, 2023, in Manish Sisodia vs Central Bureau of Investigation, which highlighted concerns about the large volume of evidence (56,000 pages of documents and 456 witnesses) potentially causing significant delays in trial proceedings.

    What are the present limitations?

    • Prolonged Incarceration: The ruling pointed out that the legal system often leads to excessive delays, which can result in individuals being punished without trial.
    • Dependence on Prosecutorial Statements: A concern was raised about the reliance on the prosecution’s assurances regarding the timeline for trial completion.  

    ‘Guarantee of Civil Liberties’:

    • Constitutional Foundation: The Supreme Court emphasized that individual liberties should not be contingent on the discretion of the prosecution.
      • In judgments like Maneka Gandhi v. Union of India (1978), the Court expanded the understanding of due process, emphasising that any deprivation of liberty must follow fair, just, and reasonable procedures.
    • Judicial Responsibility: The judgment aims to prevent the misuse of stringent laws like the Prevention of Money Laundering Act (PMLA) and to uphold the dignity and rights of individuals.
      • In Rana Ayyub v. Directorate of Enforcement (2023), the Supreme Court emphasized judicial oversight in PMLA enforcement while ensuring trials follow underlying offenses.
    • Public’s trust on Judiciary: Presently, the Apex Court pointed out the flawed tendency of some judges to deny bail unnecessarily, ignoring the principle of timely trials. This may lead to loss of public trust in the judiciary.
    • Call for Systemic Change: The ruling urges a reevaluation of the political and legal systems to prioritize justice and individual rights over personal vendettas.
      • State of Maharashtra v. Rani Kusum (2005) underscores the necessity for reforms to address delays in the judicial process.
    • Bail is the Rule, Not the Exception: The Supreme Court’s decision in granting bail to Manish Sisodia reinforces the principle that bail is the rule, not the exception.

    Way forward: 

    • Adherence to procedural deadlines: In this situation, courts should enforce stricter adherence to procedural deadlines and prioritize cases involving prolonged incarceration to safeguard the right to a speedy trial.
    • Independent oversight committees: Need to establish independent oversight committees to regularly review cases of prolonged incarceration without trial, ensuring accountability and reducing reliance on prosecutorial assurances alone.

    Mains PYQ:

    Q What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (UPSC IAS/2016)

  • The case for a Legal Advisory Council  

    Why in the news?

    Legal insights from well-structured think tanks can be crucial in clarifying the true intent of specific legislation for the government.

    Scope to Review the Process of Legal Consultancy

    • Need for Structured Legal Inputs: The handling of legal issues by the National Democratic Alliance has been inadequate. There is a need for continuous, informed, and empirically valid legal inputs from structured think tanks to clarify legislative intents.
    • Proposal for a Legal Advisory Council (LAC): Establishing a LAC akin to the Economic Advisory Council could provide the Prime Minister with timely legal analysis and insights, helping to preempt legal challenges and enhance the legislative process.

    Need of Think Tank: 

    • Expert Legal and Policy Analysis: Well-structured think tanks provide informed and empirical legal analysis that can enhance the legislative process.
    • Facilitation of Evidence-Based Decision Making: Think tanks can contribute to evidence-based decision-making by conducting research and providing data-driven insights on complex legal and social issues.

    Recent Legal Issues and the Puttaswamy Case Judgment

    • Electoral Bonds Scheme: The Supreme Court recently ruled the electoral bonds scheme unconstitutional for violating voters’ right to information. This decision highlights the importance of conducting proportionality tests before implementing laws to balance privacy rights with transparency.
    • Aadhaar Act Intervention: A similar legal examination prior to the implementation of the Aadhaar Act could have prevented the Supreme Court’s intervention in the K.S. Puttaswamy v. Union of India case, which addressed privacy concerns.
    • Transporter Strike: Concerns over the hit-and-run provisions in the Bharatiya Nyaya Sanhita, 2023, led to nationwide protests by transporters, indicating the need for thorough legal viability assessments before introducing potentially problematic legislation.

    Anticipating Challenges

    • Proactive Legal Analysis: The proposed LAC would conduct legal analyses of issues referred by the government and perform suo motu research on contemporary legal matters, allowing for proactive identification of potential legal challenges.
    • Engagement with National Law Universities: Leveraging the expertise of national law universities can enhance the legal consultancy process, ensuring that laws are constitutionally viable and socially acceptable. Regular research inputs from these institutions can aid in formulating better legislation and addressing legal challenges before they escalate.

    Way forward: 

    • The LAC should comprise legal experts, eminent jurists, academicians, and researchers with specializations in various fields frequently legislated upon by the government, such as criminal law, trade law, international law, business laws, and taxation laws.
    • Establish formal mechanisms for collaboration, such as the Committee for Reforms in Criminal Laws at the National Law University Delhi set up by the Ministry of Home Affairs, to facilitate the exchange of ideas and research between the government and academia.