ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles By P A Sebastian

Secularism and the Indian Judiciary

The judgment of the Allahabad High Court of 30 September 2010 in the Babri masjid-Ram janmabhoomi case has put the final seal on the acts of installation of statues and demolition of the mosque. In accordance with our constitutional scheme one seeks remedial measures from the judiciary when the executive or even the legislature commits illegal acts. But what can one do when the judiciary itself commits unlawful acts? What is worse is that this verdict is the latest addition to a series of judgments by the highest courts in India which cast doubt on the secular character of the Indian judicial system.

Narco-Analysis and the Indian Criminal Justice System

It is inconceivable that Shiv Sena and Bal Thackeray financed the Communist Party of India (Maoist), but that is part of the confession extracted through narco-analysis of Arun Ferreira, alleged to be a member of the latter party. Narco-analysis is torture, both physical and mental. No wonder that India is yet to ratify the UN Convention against Torture which came into force on June 26, 1987.

Death Sentence to Saddam Hussein

The trial of Saddam Hussein violated all the basic principles of international law. The Iraqi Special Tribunal lacked independence; its judges openly displayed their prejudices; they did not act on evidence before them; and the defence was not provided with documents and transcripts of the trial testimony needed to enable it to question witnesses as required by law.

Political Context of Mumbai Bomb Blasts

The government's reaction to the Mumbai bomb blasts of July 11 seems like a ploy to conceal one's motives by appearing merely as the victim and to falsify the issues involved. There is a need to situate the problem of terrorism in the international and national political context of which it is a part and understand the frustration, hopelessness and intense sense of humiliation that breed people who vow to sacrifice their lives and avenge what they perceive as injustice. Force cannot remedy such a situation.