Nishant Sirohi | @nishantssirohi

Nishant Sirohi

Nishant is an advocate at the Chamber of Senior Advocate Ms. Indira Jaising. His interests are in the fields of constitutional law, technology and law, and socio-legal aspects of access to justice, civil liberties and human rights. Previously, he worked as a Law Clerk at the High Court of Judicature at Allahabad (October 2017-October 2018). During his Clerkship, he also worked as a Member of the Editorial Committee for the book Gavel and Pen Vol. II, and Newsletter 2017-18 which was published by the Allahabad High Court in October 2018. He completed his B.A.LL.B (Hons.) from Aligarh Muslim University, Aligarh in June 2017.

Articles

Democracy and Rule of Law

What the AMU sedition row tells us

If there is a bona fide conspiracy against the Indian State, there are enough laws in the statute book to look into them. A mature, liberal democracy cannot fight its own citizens. The Law Commission in its August 2018 report pointed out that “while it is essential to protect national integrity, it should not be misused as a tool to curb free speech. Dissent and criticism are essential ingredients of a robust public debate on policy issues as part of a vibrant democracy”.

February 16,2019

Prison Reform

Madras High Court holds 50% deduction of prisoners’ wages in Tamil Nadu as unconstitutional

The petitioner, Mr K R Raju, in his PIL prayed that: “Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, to declare the Rule No.481 of the Tamil Nadu Prison Rules, 1983 to the extent of 50% of the wages earned by the prisoners deducted for up keeping of the prisoners and 20% of the wages credited to prison fund to be paid to the victims, as illegal and against law and justice, consequently to direct the respondents to increase the prisoners wage in the State of Tamil Nadu credited to the prisoners cash property account from 30% to at least 75% within the time stipulated by this Court.”

February 14,2019

Environment Law

Grave assault on India's coastlines

Indian coastal states witnessed some of the worst coastal disasters: the violent cyclone Ockhi, which went from a depression to a severe cyclonic storm in just half a day; the freak monsoon in Kerala; the devastating cyclone Gaja and the failed monsoon in Tamil Nadu. The present CRZ 2018 will be detrimental for the health of coastal ecosystems, including wetlands and which are essential for reducing storm impacts on our coastal communities.

February 12,2019

Democracy and Rule of Law

Why the inexplicable delay in reconstituting the Law Commission?

As per media reports, the Ministry of Law and Justice had cleared the proposal for the reconstitution of the 22nd Law Commission in September 2018 and sent to the Union Cabinet for approval. However, the Government has not acted on the files for the reconstitution of the Law Commission despite the recommendation of the Law Ministry.

February 7,2019

Case update

Sabarimala review petitions: SC reserves order

Along with the review petitions, a plea seeking contempt action against the head priest of the Sabarimala temple was also filed for his alleged role to order the cleaning of the premises after some women had visited the temple. A total of 56 review petitions, 4 writ petitions, 2 Special Leave Petitions, along with 2 transfer petitions filed by Kerala Government, and a petition filed by Travancore Dewaswom Board, seeking time to implement the judgment, were listed before the five-judge Constitution Bench of the Supreme Court.

February 6,2019

Section 377

Bombay HC: Extramarital consensual gay relationship isn't a criminal offence

In the present case, the Bombay High Court has correctly settled the proposition that an extramarital consensual gay relationship is not a criminal offence; just like how it is no more a criminal offence in case of a heterosexual spouses. However, such a relationship comes under the purview of “adultery” as a ground for divorce (civil wrong). The Bombay HC judgment signifies the social acceptance of homosexuality as human nature, and it is a step closer to recognising gender equality and different sexual orientations.

February 4,2019

Bhima Koregaon

#BhimaKoregaonArrests: Now Gadchiroli Police takes custody of Surendra Gadling, P Varavara Rao

Gadchiroli police in the late hours of January 30, 2019, took custody of noted human rights lawyer and Nagpur-based Dalit rights activist Surendra Gadling and activist-poet-writer P Varvara Rao from Pune’s Yerwada Jail authorities. The Police made the arrests in connection with another alleged case of involvement of Gadling and Rao in so-called “unlawful activity” related to the Surjagadh case of 2016. With these arrests, the apprehensions of “ever-greening” of charges on the civil rights activities becoming a reality.

January 31,2019

Analysis

Sedition and State Sanction

Delhi Police, firstly, filed the charge-sheet with such serious allegations after almost three years from the date of incident, and secondly, since one of the charges alleged against Kanhaiya Kumar and others is of sedition which falls under Chapter VI of the IPC, the police is bound in law to obtain sanction from the appropriate Government, in this case from the Government of Delhi, which they have not.

January 29,2019

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