The Legal Liber

“Banned and Censored: What the British Raj Didn’t Want Us To Read” Publisher: Roli Books Author: Devika Sethi This anthology takes you through a rich collection of writings once deemed dangerous and subversive by the British colonial authorities during the transformative first half of the twentieth century in India. It includes non-fiction from renowned figures and lesser-known voices alike, capturing moments both remembered and forgotten, from both Indians and non-Indians, from the jailed and the free, by politicians, intellectuals, revolutionaries, and students. Among the notable contributors are S.C. Bose, Bhikaji Cama, Har Dayal, M.L. Dhingra, M.K. Gandhi, Aurobindo Ghosh, Shyamji Krishnavarma, M.M. Malaviya, S.P. Mookerjee, Jawaharlal Nehru, Lajpat Rai, C. Rajagopalachari, V.D. Savarkar, and B.G. Tilak. Each passage offers insight not only into the writer’s thoughts but also into the socio-political climate in which these texts circulated. Some of these banned ideas remain radical even today, while others appear milder, yet they reflect the evolving boundaries of dissent that shaped India’s modern identity. Shifts in tone across these writings demonstrate how tolerance changed as the century advanced. With colonial-era censorship laws still lingering, complemented by post-colonial regulations, this collection is an essential read for understanding India’s past and present. . . #bookreview

“Abolishing the Death Penalty: Why India should say no to Capital Punishment” Author: Gopalkrishna Gandhi Publisher: Aleph Book Company The Author is a former administrator and a diplomat. He is currently a Distinguished Professor at Ashoka University. “Murder extinguishes life; the death penalty annuls the right to stay alive.” The book deals with the distressing subject of where a State stands when it declares the time of one’s death as a punishment.  The book demarcates that in India the “rarest of rare” (established in Bacchan Singh v. State of Punjab) crime deals out the death penalty and that a lot of focus is laid on these cases. The entire process of how the death penalty is carried out and who all, including the President and the government, are involved is clearly explained. The author also tries to understand the response mechanism of those who are victims or are related to the victim. Examining capital punishment around the world from the time of Socrates, the author delves into how the penalty was applied in India during the times of Ashoka, Sikandar Lodi, the Peshwas and the British Raj, and how it works today. Of the 195 countries in the world, 140 are abolitionist and no longer have the death penalty in law or in practice. An insightful booket on Death Penalty. . . . #bookreview

Anita gets Bail Author: Arun Shourie Publisher: HarperCollins Publishers India Arun Shourie is a scholar, author, former editor and has been a minister for communications and technology. He has been conferred with Padam Bhushan and Ramon Magsaysay Awards. He is one of the most prominent voices in our country’s public life and discourse. He has written numerous best-selling books. The author starts the book with a personal event which aptly describes the condition of criminal justice system in our country. Summons were issued in the name of his wife Anita (who couldn’t even stand on her own) regarding ‘a house she never built on a plot she did not own’. The chapter is filled with minute details about court room etiquettes and procedures which he and his wife has to go through. In the second and third chapters, the author carefully and critically examined the judgements by various courts in Jayalalitha’s disproportionate assets case. This chapter swings between the judgements of Trial Court, High Court and The Supreme Court. After in-depth scrutiny of facts and evidences the author raises a genuine finger towards the infallible nature of judges. The author also throws light on the powers (and misuse thereof) of state when it comes to prosecution. The book further elaborates a number of lesser known yet important cases with precise headlines relating them to one or the other prevalent problems in our country. This book, through legally sound arguments and case laws will make you question a range of topics such as ‘independence of judiciary’, ‘justice’, ‘procedural laws’, ‘power’, ‘forgotten orders’, ‘corruption in judiciary’, ‘contempt’, ‘judgement writing’, etc. This book is rich in every aspect of law, ranging from every law subject to discussing about almost every problem prevalent in our legal system. A must read for all the law students. . . . #bookreview

Name of the Book: “Of Law and Life: Upendra Baxi in Conversation with Arvind Narrain, Lawrence Liang, Sitharamam Kakarala, and Sruti Chaganti” Publishing house: Orient BlackSwan Review by: Shubham Shaankrit About the Book: “Of Law and Life” is an engaging and insightful conversation between Upendra Baxi and legal scholars Arvind Narrain, Lawrence Liang, Sitharamam Kakarala, and Sruti Chaganti. The book delves into critical discussions about the role of law in society, justice, and the responsibilities of legal practitioners and scholars. The conversational format makes complex legal ideas accessible, while still offering profound reflections on how law impacts daily life. Professor Baxi's deep commitment to social justice shines through, making this dialogue both intellectually stimulating and deeply relevant to contemporary issues. To summarise, "Of Law and Life" is a must-read for anyone interested in the intersections of law, society, and human rights, offering a rich and thought provoking exploration in a compact format. . . #bookreview

Parent’s At War  Author: Ms. Justice Poonam A Bamba; Retired Judge, High Court of Delhi. Publisher: Vitasta Publishing Pvt. Ltd. Review by: Mehak Khanna Poonam A Bamba is a distinguished legal professional, serving as a judge with vast experience in the Judicial system, particularly in Family Law. She is known for her deep understanding with regard to legal complications surrounding family disputes. She has been involved in various high profile cases dealing with sensitive issues such as child custody, domestic violence, divorce etc. Her style of working clearly depicts her commitment in ensuring complete justice, particularly with regard to vulnerable individuals such as Women and Children. About the Book: ‘Parents At War’ by Poonam A Bamba throws light on the complexities surrounding child custody battles in India. The book delves into the psychological, emotional and legal factors of disputes between parents over their fight for the custody of the child. This book is highly recognised for its legal insights, drawn by the author’s years of experience on the bench. It gives a holistic analysis of the Indian legal system’s approach with regard to custody cases, including relevant laws, case laws and procedures to be followed during such proceedings.The book emphasises the importance of keeping children’s interests at the forefront of any legal outcome. This book is written in clear, straightforward language, making it accessible and easy to understand for readers without a legal background. Real-life cases have been used to illustrate points that the author wants to make, which helps to ground the theoretical discussions in practical reality. To conclude, ‘Parents At War’ is a well- researched and insightful guide that throws light on the difficult and often painful process of child custody battles in India. It is a must read for professionals belonging to the legal field, parents going through custody battles and those interested in understanding family laws and understanding the psychology in the context of custody battles. . . . #bookreview

Aarushi  Author: Avirook Sen Publisher: Penguin Random House India Review by: Mehak Khanna The book is an investigative account of the double-murders of the 14 year old Aarushi Talwar and the Talwar’s domestic help Hemraj Banjade in 2008. This tragic case gathered immense media attention and resulted in a highly controversial investigation and trial. Sen’s book delves deeply into the intricacies of the case, giving a comprehensive analysis that goes beyond the sensationalism that depicted much of the coverage. Sen’s book gives an in-depth details of the investigation and trial, throwing light on the numerous inconsistencies and lapses by the authorities. The book talks about the role of Media and the investigative agencies. The author throws light on the flaws in the forensic analysis, the way evidence was handled and the factors which influenced the investigation’s outcome. By giving personal accounts of each person involved in the case the book provides readers with unique insights. Sen has challenged the official narrative and raises question with regard to the fairness of the trial. The book has acknowledged the ambiguities which are involved in this case. To conclude, ‘Aarushi’ is a captivating and a thought provoking read which gives complete details of the case. The book is not just restricted to the repeat of the events which took place but also gives a broader aspect of the case and its implication on the justice system and society. Anyone interested reading about true crime, legal drama , then this book is a must-read. . . . #bookreview

Title- The People’s Constitution. Author- Rohit De. Publisher Princeton University Press Review by Aniruddha Mahadevan Sethi Rohit De is a lawyer and historian who is currently an Associate Professor of History at Yale University. He also holds the distinction of being the first scholar to be granted access to the archives in the Supreme Court Record Room, the documents of which have contributed into making this book which offers an interesting and unique perspective to the study of the Indian Constitution. While law books generally deal with the analysis of law, acumen of lawyers and sagacity of judges, the subjects of Mr. De’s book are the common citizens of this country. Though the constitution was written by elites, and in a language alien to many, yet, it was the common citizens who took their grievances to the Courts protesting State actions which violated their constitutional rights. This book thus documents the social history of constitutionalism in India through the common people of India who shaped Constitutional interpretations from below. Through interesting case studies—such as Parsi men challenging the Prohibition in Maharashtra; Marwari Couple challenging commodity and price controls under Essential Commodities Act; Butchers belonging to Muslim community challenging cow slaughter prohibitions; sex-workers protesting against the violations of their Fundamental rights of livelihood free movement by challenging the unjustness of laws regulating prostitution— Mr. De shows how ordinary people, especially those from socially and economically disadvantaged and minority communities gave life to the constitution culture in India and reveals how the Constitution captured the imagination of the masses who used remedies provided by the State to challenge State Actions. The book shows how law is integrated in everyday life and personifies a unique blend of social history with legal studies thereby celebrating both the people and the Constitution. The book is lucidly written thoroughly interesting, making it a perfect read for everyone this Independence Day!

Title- Public Secrets of Law: Rape Trials in India. Author- Dr. Pratiksha Baxi Publisher Oxford University Press India Review by Aniruddha Mahadevan Sethi Dr. Pratiksha Baxi, a sociologist, feminist legal scholar and a current faculty at the Centre for Study of Law and Governance in JNU, presents a detailed ethnographic account of the rape trials conducted in the state of Gujarat particularly in the trial courts of Ahmedabad.  A public secret refers to those phenomena which are known to everyone but are difficult to articulate. Dr. Baxi through this study, reveals how the interplay of law and public secrets reduce rape trials in India to pornographic spectacles where the female victim’s body is viewed through a sexual gazed, making the rape trials a further traumatic experience compounding that of the crime itself. Through case-studies and erudite incisive analysis, the book discusses important themes such as indignities inflicted by spoken law, consent in medico-legal jurisprudence, position of minor victims in rape trials , compromise in rape trials and rape as an atrocity revealing various avatars of the phallocentric constructions of the law. (I.e. male-ness of the law)   Dr. Baxi differentiates between written law and spoken law and highlights the violence inflicted by the spoken law on the rape victims by making rape trials a humiliating experience. The process may not provide justice to the victims but definitely adds to their trauma. She laments the omission of considering this aspect in law reforms.  Dr. Baxi further highlights how Medico-legal literature and evidence in rape trials is used to dispense with the traumatic experience of rape but makes the female body speak of the crime. Such a scenario is then used to dispute the veracity of victim with an attempt to prove consent as against rape. This interplay of medical science and law reveals another harrowing dimension of the male-centric constructions of law governing rape trials.  Minor victims have a particularly despicable experience in rape trials. They first have to explain their trauma and body in adult terms but when they do so, their very child-ness is put on trial wherein their innocence is disputed, further adding to their trauma. The child is thus forced to be an adult but also remain a child at the same time.  Compromise in rape cases, though illegal, is not an unusual phenomenon in India. Dr. Baxi shows how factors such as social stigma, caste, family honour play a role in reaching a compromise between the victim and the perpetrators. Two types of cases are discussed i.e. where rape cases are compromised and secondly when consensual relationships are weaponised into criminal cases. All this is done to maintain the patriarchal hold over the female sexuality, disregarding the trauma inflicted on them.  . . Continued...

Black Warrant: Confessions of a Tihar Jailer Author: Sunil Gupta and sunetra choudhury Publisher Roli Books Review by Navdeep Suhag Sunil Gupta began working at Tihar Jail in 1981 and was later made a Legal Advisor of the Jail. He is the sole officer from the legal field to have received the President’s Correctional Medal for Meritorious as well as Distinguished Services. Sunetra Choudhary is a Journalist, currently with Hindustan Times. She is also an author and has received a number of Awards for her contribution to the field. Black Warrant, usually known as Death Warrant under Form No. 42 of CrPC is an apt title for this book. The book is told from the perspective of the Jailer. From the first page till the last one, this book is filled with unbelievable facts and events. The book spans crimes of bombing the parliament, assassination of former Primer Minister Indira Gandhi, international serial killers and more. Some known names dealt in the book are Charles Sobhraj, Afzal Guru, Subrata Ray, Satwant and Kehar Singh. Mr. Gupta who witnessed a number of hangings during his tenure in the Jail dared to talk about a number of serious issues which the world outside is barely even aware of. Issue such as deaths in custody, rules, procedures and jail manuals, details about hangings, etc. In describing all these the authors have done a great job at conveying the seriousness of what goes behind the tall walls of Tihar.  An exceptional account of Tihar and a must read. . . . #bookreview

Title- We The People. Author- Nani A. Palkhivala Publisher: UBSPD Review by Aniruddha Mahadevan Sethi Mr. Nani A. Palkhivala is a name which needs no recognition. No amount of words can paint a comprehensive image of his greatness, achievements, personality and legacy. a man who wore various hats, he is considered to be the brightest star in the luminous galaxy of Indian legal history. This book is a collection of essays authored by him on various topics covering issues such as state of education, democracy, taxation, important personalities, his days as the Indian Ambassador to America, controls on cement, lawyers and their purpose and much much more. Each essay is laced with ruthlessly incisive analysis produced by a razor sharp brain accompanied by his legendary wit which is bound to mesmerise the reader and leave them in awe of the boundless wisdom and diligence possessed by its author. In all this book is a 370 page testimony of why Mr. Palkhivala is one of the finest individuals to have ever walked on this planet. This book is a must read for everyone who wish to honour themselves by immersing in literature moulded in one of its most exquisite and enlightening forms! . . . #bookreview