First things first - Rs.350/- wasted. Last year I read a few superb books on the Indian legal system and when I saw this book, was reminded of the excellent 10 Judgements That Changed India which largely stopped in the 20th century. But, while Zia Mody's book was lucid, well-researched and interestingly written, this one seemed hastily written and cobbled up. On top of it, a lot of it is just superficial and when it does enter the court-room, it throws jargon without any concern for the reader. Perhaps, it is meant for only people in the legal profession. Disappointed !
In 2015, when Member of Parliament and Congress leader Shashi Tharoor brought in a private member's bill to read down Section 377, his colleagues jeered loudly at him, asking if he needed homosexuality decriminalized for himself. When Naz Foundation moved the litigation to the supreme court seeking decriminalization of consensual same sex relationship, the government of India opposed it on the grounds of 'public morality'. In 2018, the Supreme Court in the landmark judgement quashed Section 377 of IPC, which held 'carnal intercourse against the order of nature' as a criminal offence with life long imprisonment. This was one among many instances when the Supreme Court of India upheld both the 'constitutional morality' and rational scrutiny with extensive and careful reading of constitutional provisions, assembly debates and scientific literature.
This book discusses dozen cases concerning key issues of capital punishment, gender equality, freedom of expression and electoral reforms. The author had sketched the outline of every case in simpler language making it easier for the reader to understand the history, context and constitutional provisions with respect to each case. Though controversial cases such as Babri Masjid demolition, Mumbai serial blasts and Parliament attack were discussed succinctly, the author had made sure that she doesn't propagate any school of thought nor besmirch any particular community or person. Around hundred and sixty countries had abolished the capital punishment and India is one among fifty countries to hand out death penalty for the rarest of rare cases considering the case, criminality and collective consciousness of public and three cases relating to Afzal Guru, Yakub Memon and Nirbhaya has been well reconstructed in this book. To condense the judgements that run down thousands of pages, by phasing out extraneous details, to present the case in concise manner, the author had truly done a commendable job.
All the 12 cases discussed in this book gives us much better understanding of the importance of Public Interest Litigation (PIL) and the role of judicial activism in a democracy. Lilly Thomas' PIL resulted in the quashing of section 8 of Representation of People Act (RPA) in 2013. This watershed judgement had deeper impact leading to the disqualification of politicians namely Lalu Prasad Yadav, Jayalalithaa and many more. As a voter, it is important to know the basis of 49-O provision and the judgement related to None Of The Above (NOTA). Though cosmetic in nature and considered as a waste of vote, the above two cases somehow stands as monumental judgements in electoral reform since it can hold the political party accountable and abstain them from fielding candidates with criminal background.
“Courts are institutions that don't lead... The idea that you go to the court and the court will fix it, it doesn't work, because it has to be the people who want the change. And without them, no change will be lasting,” says Justice Ruth Bader Ginsburg of the United States Supreme Court. The Indian Supreme Court has both led and followed the people in their pursuit of justice. Occasionally, it failed them too. In that sense, this book serves as a good introduction to the Indian apex court, with the author's brief yet elementary narration of key events that shaped the Indian judiciary and democracy over the years.
Few chapters touched me most, like the chapters on transgender, LGBT Rights, Shreya Singhal vs Union of India, Lily Thomas vs Union of India and NOTA. The author has used more legal and judicial aspects of the cases and in my opinion, could have emphasized more on socio-political aspects. The book should be read by young Indians as they are the ones that will decide the future of this country. The author could have used innovative methods for various sections from IPC and CrPc to last longer in memory of readers.
সাংবাদিক ইন্দু ভানের এই বই শেষ দশকের গুরুত্বপূর্ণ ঘটনাগুলিকে এনেছে একই মলাটে ; নির্ভয়া কান্ড, মুম্বই ব্লাস্ট (২৬/১১), পার্লামেন্ট এটাক, বাবরি মসজিদ ধ্বংস বা সাম্প্রতিককালের LGBT আমলা কিম্বা নোটা ভোটদান- আইনি বিশ্লেষণ ও রাজনৈতিক দৃষ্টিকোণ থেকে ময়নাতদন্ত করেছেন লেখিকা। রেটিং : ৬/১০
It's mostly a summary of events that led to landmark cases related to terrorism, freedom of expression, religious freedom, LGBT rights, voting reforms, women's safety, and how despite all the progress the rich still manage to get away sometimes.
There are some snippets from the discussion of the cases, but I recall very few things that stood out
India still hasn't abolished the death penalty and justices say things like "the collective conscience of the society will only be satisfied if the capital punishment is awarded to the offender" but they also look at "potential for reform and rehabilitation"
Some very important reforms have come about from Indian citizens filing public interest litigations (not allowing convicted politicians in the Parliament, not allowing the police to misuse a section of some IT act and arrest people for posting grievances about politicians on Facebook)
Displays superbly the balance the SC plays between not overstepping (in dictating laws) while still attempting to shape the moral conscience of the nation. Lily Thomas vs. The Union of India- a personal favorite.