The Sound of Silence, 19 August 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: 19 August 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 discusses Kerala High Court's 2023 judgment ordering compensation to sexual assault victims, which state authorities challenged despite statutory obligations under the Victim Compensation Scheme. Justice Kauser Edappagath ruled sexual harassment constitutes "sexual assault" under compensation schemes, directing immediate implementation and scheme amendments. The Court rebuked Kerala for ignoring previous directions dating to 2020 requiring compensation without delay. Baxi criticizes the state's "democidal governance tendencies" that disregard judicial orders based on constitutional fundamental rights and directive principles. He questions whether judicial directions on compensation will ever translate into prompt executive action, particularly in Kerala's vaunted "development model." In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository