2023 “Is the Process Always the Punishment?”, 16 September 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: 16 September 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 examines the Bharatiya Nagarik Suraksha Sanhita's proposed changes to criminal procedure, emphasizing digital technology and timelines for investigations. While welcoming efficiency measures, he questions whether digital dependence exacerbates inequality given India's digital divide—urban areas have 70% internet penetration versus lower rural coverage. Baxi warns that "democratization of disempowerment" continues despite technological advances, with 338,000 officers empowered to arrest without warrants. The 90-day investigation timelines and mandatory progress updates represent improvements, but Baxi argues reforms inadequately address police discretion, custodial torture, and pretrial detention issues. He criticizes silence on fatal force use by police, terming it "Jallianwala Bagh Syndrome." In India Legal.
Repository Details
Part of the NLS Law and Society Archives Repository