“Freedom First”, 3 November 2019
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 3 November 2019
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
This piece is a stirring defense of "liberty" as the foundational value of the Indian Republic. Baxi critiques the increasing use of "draconian" laws like UAPA and sedition to suppress dissent. He argues that in a "contest between the state and the individual," the "presumption of innocence" and "freedom first" must be the guiding principles. The synopsis captures Baxi’s plea for the judiciary to be the "sentinel on the qui vive" against the "arrest-first-investigate-later" culture. He asserts that a democracy without the "right to dissent" is a hollow shell, and the judiciary's primary duty is to protect the "freedom of the mind." In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository