Siddhartha Associates- Siddhartha Jangam

  Judicial Backlog and Legal Reforms in India: Addressing Systemic Inefficiencies As of January 2024, India’s judicial system faced a staggering backlog of over 50 million cases. This has become one of the most significant challenges to ensuring timely justice in the country, as delays in the judicial process have far-reaching consequences, affecting citizens' rights, governance, and overall public trust in the legal system. The backlog of cases burdens not only individuals awaiting justice but also hampers economic development, corporate governance, and social harmony. In recent years, several reforms have been proposed and implemented to address these delays. However, the efficacy of these reforms remains a subject of debate. This article explores the causes of the backlog, the recent reforms aimed at alleviating the problem, and an evaluation of their effectiveness in addressing systemic inefficiencies. Causes of Judicial Backlog The reasons for the backlog of cases in India are

  The Future of Arbitration in India: Institutional Reforms and Global Competitiveness Arbitration, as a method of alternative dispute resolution, has gained significant momentum in India due to its potential to offer speedy, cost-effective, and specialized adjudication. However, to ensure that arbitration continues to evolve and meets global standards, institutional reforms are vital. India’s ambition to become a hub for international arbitration requires not only the strengthening of existing frameworks but also the introduction of modern reforms to enhance its global competitiveness. The Current Arbitration Landscape in India India has a mixed record in arbitration. While the country has made progress by enacting pro-arbitration legislation, particularly with amendments to the Arbitration and Conciliation Act, 1996 (as amended in 2015, 2019, and 2021), challenges remain. The Arbitration Act provides the framework for domestic and international arbitration, but procedural inefficien

  Marital Rape in India: A Call for Legal Reform and Social Change Introduction The issue of marital rape has emerged as a contentious topic in the legal sphere, raising significant debates about women's rights, bodily autonomy, and the sanctity of marriage. Despite being a serious violation of human rights, marital rape remains a gray area in many jurisdictions, including India, where it is still not explicitly criminalized under the BHARATIYA NYAYA SANHITA (BNS). Landmark Judgments 1. Independent Thought v. Union of India (2017) In this landmark judgment, the Supreme Court decriminalized consensual sexual relations between adults living together as partners but emphasized that the law must reflect the evolving social dynamics. While the judgment did not directly address marital rape, it signaled a shift towards recognizing women’s autonomy and the importance of consent within marriage. The Court noted that the sanctity of marriage cannot be used as a shield for violence

  The Role of Artificial Intelligence in Law: An Analysis with Insights from Judicial Perspectives and Legal Reforms Artificial Intelligence (AI) is transforming various sectors, including law, by enhancing efficiency, reducing costs, and assisting legal professionals in decision-making. For advocates and judicial officers, understanding how AI integrates into the legal ecosystem is crucial for adapting to modern practice. This article explores AI's role in legal practice, its potential impact on courtroom procedures, and insights from judicial experts, while reflecting on how AI can enhance legal reforms and everyday court processes. 1. AI in Legal Research and Case Management AI-powered legal research tools have revolutionized the way advocates conduct research. Platforms like LexisNexis and ROSS Intelligence use Natural Language Processing (NLP) to process vast databases of case law, statutes, and legal documents, providing relevant case laws and statutes in seco

  Modern Crimes, New Laws: How India’s BNS and BNSS Tackle Mob Lynching and Cyber Offenses India’s criminal law landscape is undergoing a seismic transformation with the introduction of the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) , replacing the centuries-old Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) . Among the most crucial reforms under these new laws are the focused provisions targeting mob lynching and cyber offenses , two modern crimes that have plagued India in recent years. 1. Understanding Mob Lynching Under the BNS: A New Legal Framework a. The Rise of Mob Lynching in India The issue of mob lynching has become a major concern in India over the last decade, with numerous incidents of public violence often sparked by allegations of cow slaughter , child lifting , or religious hatred . According to news reports from major dailies like The Indian Express and Hindustan Times , several high-profile cases have

  From IPC to BNS: What the New Criminal Laws Mean for India’s Justice System By-Jangam Siddhartha -Highcourt Advocate  India's criminal justice system is witnessing a monumental shift with the introduction of the Bharatiya Nyaya Sanhita (BNS) , replacing the Indian Penal Code (IPC) after over 160 years of its existence. Alongside this, two other significant laws, the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) , have replaced the Code of Criminal Procedure (CrPC) and Indian Evidence Act , respectively. These sweeping changes mark a crucial moment in India's legal landscape, aimed at addressing contemporary crimes , speeding up justice delivery , and modernizing legal processes . This article will explore the transition from the IPC to the BNS , analyzing key reforms, the recognition of new crimes, and the implications for India’s justice system . We will also evaluate expert opinions, recent Public Interest Litigations (PILs), and so