“How Not To Pursue Law Reform”, 22 June 2023
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: 22 June 2023
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
Prof. Upendra Baxi critiques the Law Commission's 278th Report recommending retention and enhancement of sedition laws. Union Law Minister termed the recommendations "persuasive, not binding," unusual for a Law Commission report. Baxi argues the Commission failed to apply strict proportionality standards, instead relying on outdated reasonableness tests. The report, prepared hastily in seven months, fragmented criminal law reform rather than providing the comprehensive review requested. Baxi contends the Commission prioritized crime control over civil liberties, ignored international human rights obligations under Article 51, and failed to distinguish between anti-state activities and constitutionally protected criticism of government. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository