DAKSH Podcast

In this episode of the DAKSH Podcast, Leah Verghese spoke to Apurva Vishwanath about court reporting. The courts are forbidding institutions with complex procedures. Often regular citizens can access the courts only through what is reported through the media. In this episode, Apurva discussed how she became a legal journalist, the challenges with legal reporting in India and live tweeting. If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ MĀRGA – Media And its Role in Governance and Accountability https://www.dakshindia.org/marga/ Live tweeting from courts puts enormous burden on judges: CJI DY Chandrachud https://www.indiatoday.in/india/story/live-tweeting-from-courts-puts-enormous-burden-on-judges-cji-dy-chandrachud-2348442-2023-03-18 CREDITS: Host: Leah Verghese This is a Maed in India production. Producer: Sean D’mello Sound Design and Mixing: Vijay Doiphode Project Supervisor: Shaun Fanthome

In this episode, the second in our series on elections, Leah Verghese discusses the Election Commission’s Model Code of Conduct. Learn about what role the Model Code of Conduct plays in the conduct of free and fair elections, the effectiveness of the code and the challenges it faces in an ever-evolving political landscape. Editor’s note: This episode was recorded on the 2nd of April 2024, in the lead up to the general elections. If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ References https://economictimes.indiatimes.com/news/elections/lok-sabha/india/expecting-model-code-of-conduct-to-kick-in-government-departments-speedrun-project-approvals/articleshow/108538728.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst https://www.hindustantimes.com/lok-sabha-elections/lok-sabha-elections-2019-rs-3000-crore-haul-by-election-commission-highest-in-lok-sabha-polls/story-ugdYhuN5l2MNS2ppYRGWlI.html https://www.indiatoday.in/elections/lok-sabha-2019/story/lok-sabha-polls-cancelled-in-vellore-after-massive-cash-haul-1503419-2019-04-16 https://www.hindustantimes.com/elections/west-bengal-assembly-election/mamata-banerjee-s-appeal-to-muslims-violated-model-code-of-conduct-says-ec-101617803773352.html https://tmp.eci.gov.in/mcc CREDITS: Host: Leah Verghese This is a Maed in India production. Producer: Sean D’mello Sound Design & Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome Research Assistance: Manushree Sarkar

In this episode, the first in our series on elections, Leah Verghese discusses the Election Commission, the institution that oversees the mammoth task of elections in the world’s largest democracy. Learn more about this significant public institution, its origin, evolution, and the important personalities who shaped its trajectory.If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ References https://www.eci.gov.in/about-eci https://indianexpress.com/article/explained/an-expert-explains-how-election-commission-evolved-what-rules-it-follows-in-case-of-disagreement-5720029/https://www.thehindu.com/news/national/appointment-of-cec-ec-supreme-court-refuses-to-stay-new-law-issues-notice-for-hearing-in-april/article67733389.ece CREDITS:Host: Leah Verghese This is a Maed in India production. Producer: Sean D’mello Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome Research Assistance: Manushree Sarkar

This episode is a collaboration with Grand Tamasha, an excellent podcast on the latest developments in Indian politics, economics, foreign policy, society, and culture. Milan Vaishnav, the host of Grand Tamasha, joins us for this bonus episode. On 15 February 2024, the Supreme Court, in a unanimous landmark verdict, struck down the controversial electoral bonds scheme. Given that general elections are just around the corner, Milan discussed how this judgment will impact the financing of political parties in the largest democracy in the world. If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ https://www.dakshindia.org/the-daksh-podcast/https://indianexpress.com/article/explained/explained-law/supreme-court-electoral-bonds-verdict-9163729/https://pib.gov.in/newsite/PrintRelease.aspx?relid=175452https://main.sci.gov.in/supremecourt/2017/27935/27935_2017_1_1501_50573_Judgement_15-Feb-2024.pdfhttps://www.newslaundry.com/2024/02/20/behind-the-bjps-rise-and-rise-bonds-trusts-and-raids-on-corporates www.dakshindia.org/crime-and-politics/https://www.hindustantimes.com/opinion/on-electoral-bonds-a-short-lived-celebration-101708170676086.htmlhttps://www.dea.gov.in/sites/default/files/Electoral%20Bonds_Press%20RELEASE_2-1-2018.pdf

Technological interventions have the ability to enhance access and improve the efficiency of the various processes in the justice system. In this episode, we will discuss how technology can improve the justice system and how we should monitor that improvement. If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ CREDITS: Host: Sandhya PR This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

Our legal system is based on the fundamental principle of open courts. Courts must be “open”, physically and metaphorically, to the public. We, as citizens, should know and understand what courts do for us. In this episode we explore what this principle means and ponder on how it can be used to promote transparency in the court system, right from entering courtrooms as ordinary citizens to considering the live-streaming of court proceedings. If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Host: Anindita Pattanayak This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

The role of the state in reforming religious and social practices is a subject of heated debate in India. This is especially so when such reforms involve claims of women. A recent example is the debate around marital rape. In this episode we go back more than 130 years and examine the reactions to the British government increasing the age of consent for women from 10 to 12 years and how these led to India’s first sedition trial. Research Assistance: Jiyon Chatterjee If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Reading list Chitranshul SinhaSouth Asian History and Culturehttps://indiankanoon.org/doc/1410526/ Host: Leah Verghese This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

As many antiquated laws like Section 377, adultery and sedition are being questioned, do you ever wonder what challenging the constitutionality of a law really means? Have you been confused about what striking down and reading down laws are? In this episode, we break down the meaning of “unconstitutionality” and do a quick explainer of what it means to declare a law unconstitutional. If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Reading list: https://constitutionnet.org/vl/item/basic-structure-indian-constitution CREDITS: Host: Anindita Pattanayak This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode of the DAKSH podcast, we spoke to Nick Goodwin, CEO of His Majesty’s Courts and Tribunal Service (HMCTS), UK. HMCTS is a unique institution, a partnership between the judiciary and the parliament. It is responsible for the administration of criminal, civil and family courts and tribunals in England and Wales. It assists the judiciary in its administrative and management functions. Nick Goodwin has joined us today to talk about the roles and responsibilities of the HMCTS, and its plans. This episode was recorded on 5 September 2022 If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Reading list: https://www.gov.uk/guidance/the-hmcts-reform-programmehttps://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/384922/hmcts-framework-document-2014.pdfhttps://www.theweek.in/theweek/cover/2020/02/07/mountain-of-pendency.htmlJoe Tomlinsonhttps://bristoluniversitypressdigital.com/view/book/9781447340331/ch004.xml CREDITS: Host: Surya Prakash B. S. This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode we explore the police powers of search and seizure with Abhinav Sekhri, a criminal lawyer and the author of the wonderful blog Proof of Guilt. During their investigation, law enforcement authorities like the police and customs and tax officials have the power to search our person and property, ranging from homes and godowns to laptops and other electronic devices. They can also seize objects they believe to be incriminating or relevant to their investigation. The exercise of these powers can create very distressing situations for people, especially if they are unaware of their rights. Abhinav helps us understand what the extent of these police powers are and emerging legal developments that may lead to reform. If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ CREDITS: Host: Anindita Pattanayak This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode, we talk to Manaswini Rao on using rigorous quantitative methods to study courts and the judicial process. Manaswini Rao is an economist and researcher who studies the functioning of the Indian judiciary and how it affects economic productivity and development. She joins us to discuss this emerging field of study and how it can inform policy changes. We emphasise the importance of building a community that can engage with the issues highlighted by such studies and act as advocates for structural judicial reforms. If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Reading list: http://manaswinirao.github.io/files/rao_courts.pdfhttp://manaswinirao.github.io/files/rao_bankruptcy_and_judiciary.pdf CREDITS: Host: Smita Mutt This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode we speak to Justice Prabha Sridevan who takes us through the various perspectives associated with accessing justice in India. She brings to this conversation her rich understanding of the Indian justice system, informed by her years as a lawyer and a judge. Most importantly, she de-constructs what it means to access justice in India for those who are often sidelined when systems are built, including women and other marginalised sections of the population. This conversation explores the reality of the justice system and makes us think about speaking the language of equality. If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Reading list: Women in Law in India https://www.thehindu.com/opinion/op-ed/removing-cobwebs-from-the-courtroom/article4501561.ece https://www.thehindu.com/opinion/op-ed/judiciary-an-old-boys-club/article8410065.ece CREDITS: Host: Sandhya P R This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode our guest was Swethaa Ballakrishnen whom we spoke to about their research on women’s representation in elite law firms. Swethaa’s first book, Accidental Feminism unpacks the case of unintentional gender parity among India’s elite legal professionals. The legal profession worldwide is fairly male-dominated, and India is no exception. However, Elite corporate law firms in India are a surprising exception. These law firms offer a surprising oasis for women within a hostile, predominantly male sector. We explored how egalitarian outcomes have been produced in this relatively recent professional setting without any deliberate effort to do so. If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Reading list: Swethaa S Ballakrishnen Accidental Feminism: Gender Parity and Selective Mobility among India’s Professional Elite. Princeton University Press, 2021. Ethan Michelson Women in the Legal Profession, 1970-2010: A Study of the Global Supply of Lawyer, Indiana Journal of Global Legal Studies Vol. 20, No. 2 (2013), 1071. Bryant G. Garth and Joyce S. Sterling. "Diversity, hierarchy, and fit in legal careers: insights from fifteen years of qualitative interviews." Geo. J. Legal Ethics 31 (2018): 123 CREDITS: Host: Leah Verghese This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode, we spoke to Milan Vaishnav, the host of the popular podcasts ‘Grand Tamasha’ about the criminalisation of politics. Most Indians are familiar with the phenomenon of politicians with criminal records and appear to have accepted their participation in the democratic process . In today’s episode, Milan helped us unpack this uneasy balance by exploring why political parties give tickets to criminals, why people continue to vote for them and whether this status quo is likely to change. If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Reading list: Milan Vaishnav. When crime pays: Money and muscle in Indian politics. Yale University Press, 2017 James Crabtree, Lunch with the FT: Raghuram Rajan. Financial Times August 15 2014 https://www.ft.com/content/b049ce16-230e-11e4-a424-00144feabdc0#axzz3B60Xysad Association for Democratic Reform https://adrindia.org/ CREDITS: Host: Leah Verghese This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode we talk to Professor Rohit De, a lawyer and scholar of south Asian legal history. He is the author of the book, ‘A People’s Constitution’ in which he studies how many marginalised communities used the constitution as a way to oppose unfair laws and have a say in how they were governed. His work focuses on the 1950s, the period right after the constitution was passed. We understand the ideas and challenges of these early litigants and how their efforts continue to be valuable today. We explore why, after around 75 years, why it is still so relevant for regular citizens like us to continue to engage with the constitution. If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Reading list: A People’s Constitution https://www.outlookindia.com/national/explained-the-supreme-court-order-on-sex-workers-laws-on-prostitution-how-sc-order-changes-things-news-198865 https://scroll.in/article/676679/a-history-lesson-for-nitish-kumar-prohibition-does-not-work https://thewire.in/books/book-review-a-peoples-constitution-rohit-de CREDITS: Host: Anindita Pattanayak This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

In this episode we spoke to Rahul Verma and Ornit Shani on Indian elections. The elections in the world’s largest democracy are often described as a dance of democracy. Here are some statistics just to give you a scale of the vast logistical exercise that is the general election. In 2019, 619 adults voted in 1 million polling booths in 543 constituencies. Ornit and Rahul took us on a fascinating journey from the first general election to recent elections, exploring how the first electoral rolls were prepared, the logistics of the process and how Indians make voting decisions. If you like our podcast do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/ Reading list: https://www.duo.uio.no/bitstream/handle/10852/85802/1/Auerbach_elal2021_postprint.pdf https://adrindia.org/Politics and society between elections.How India became democratic,outh Asia: Journal of South Asian Studies Ideology and identity: The changing party systems of India CREDITS: Host: Leah Verghese This is a Maed in India production. Producer: Nikkethana K Sound Mixing: Lakshman Parsuram Project Supervisor: Shaun Fanthome

Many of us, consciously or subconsciously, are heavily influenced by popular media and film and legal court dramas are no exception. They, in equal parts, entertain and educate. In this episode, we spoke to Anushka Shah, the founder of Civic Studios and Chaitanya Tamhane, the writer and director of the nationally and internationally lauded Marathi film, ‘Court’. Anushka Shah strongly believes in the power of entertainment to bring change. Her organization, Civic Studios, notes that “a good story and set of characters can bring attention to ignored issues, create awareness of rights and duties, and model exemplary actions to help ‘fix-the-system’.” Chaitanya, on the other hand, has created an exceptional piece of art through his movie, “Court”, that exemplifies the type of art Anushka has been rooting for. The film follows the trial of a protest poet and singer who is accused of abetting the suicide of a manhole worker to reveal the systemic issues of bigotry and injustice in society and the judicial system. We chatted with Anushka and Chaitanya about the role of art in social change and the moral responsibility of artists, especially in the depiction of a courtroom drama. In the process, we explored the importance of empathy in building characters, realism in cinema and how conveying the fragility of the individual in a complex and unpredictable system transcends the courtroom. Reading list: Court (2014), available on Netflix Civic Studios, Crime and Punishment in Indian Entertainment, 2019 https://sway.office.com/CUIjI1M69CLiVxCN Aishwarya Viswanathan, Roohi Bhatia and Anushka Shah, Crime, courtroom drama in Indian entertainment: How the genres sway popular opinion on law and judiciary, Firspost, 2020 https://www.firstpost.com/india/crime-courtroom-drama-in-indian-entertainment-how-the-genre-sways-popular-opinion-on-law-and-judiciary-7905631.html#aid_8087031 Host: Anindita Pattanayak This is a Maed in India production. Production Head & Editor: Joshua Thomas Sound Mixing: Kartik Kulkarni Project Supervisor: Shaun Fanthome

In Episode 9 of the DAKSH Podcast we discussed “de-notified tribes” or “vimukta” communities and what they show us about policing culture in India. They are communities that were notified under a colonial legislation - the Criminal Tribes Act of 1871 - as people who, by birth, are "addicted to the systematic commission of non-bailable offences." Though this Act was repealed after India gained independence, discretionary powers of the police coupled with social stigmas of the judiciary continue to haunt these communities, many of whom are subject to oppression, surveillance and imprisonment, sometimes without even being convicted by a court of law. We talked to Nikita Sonavane, co-founder of the Criminal Justice and Police Accountability Project in Madhya Pradesh about her work with these communities, the origin of the idea that some people can be labelled criminals by birth and how this prejudice and injustice lives on in the India of today. More importantly, Nikita asks some crucial questions about our tendency to look to the police for solutions to problems that have little to do with law and order. In the wake of the pandemic we are experiencing, she dares us to reimagine legal and policy responses to public crises rather than let only some marginalised groups take the fall. Reading list: Ameya Bokil & Nikita Sonavane, Why Charan Singh Bolts His House From Inside And Out https://www.article-14.com/post/why-charan-singh-bolts-his-house-from-inside-and-out-before-he-sleeps Milind Bokil and Vijay Raghavan. "Women and Children as Victims and Offenders: The Case of De-Notified Tribes in India." Women and Children as Victims and Offenders: Background, Prevention, Reintegration. Springer, Cham, 2016 Nikita Sonavane and Ameya Bokil, Condemned without Trial - India’s undertrials problem is spurring the COVID-19 outbreak in prisons https://caravanmagazine.in/law/india-undertrials-problem-spurring-covid-19-outbreak-prisons Nikita Sonavane and Ameya Bokil, How Poverty-Struck Tribals Become ‘Habitual Offenders’ https://www.article-14.com/post/born-a-criminal-how-poverty-struck-tribals-become-habitual-offenders Bangalore International Centre Masterclass by G N Devy on Denotified Tribes https://youtu.be/4rG6IzxGOHM CREDITS: Host: Anindita Pattanayak This is a Maed in India production. Production Head & Editor: Joshua Thomas Sound Mixing: Kartik Kulkarni Project Supervisor: Shaun Fanthome

In Episode 8 of the DAKSH Podcast, we discussed custodial violence and the broader issue of access to justice for women in the background of the movie Jai Bhim and Justice Chandru’s book Listen to my case. Widespread custodial violence has become an accepted feature of our policing system. The issue has been spotlighted in the recent film Jai Bhim which is based on the real-life story of Parvathy, a woman belonging to the Irula tribe who approaches the Madras High Court to find her husband who is falsely arrested for theft and after severe custodial torture purportedly escapes from prison. The film also highlights the obstacles faced by women accessing justice. According to the data from the DAKSH Access to Justice Survey 2016 only 15% of the litigants interviewed were women. Justice Chandru’s book Listen to my case describes the stories of 20 women who approached the Madras High Court for justice. Our guest today is Justice Chandru, former judge of the Madras High Court who has one of the most prolific rates of disposal for any judge in the country. He has also written a book called Listen to my case which has twenty short accounts of bold and courageous women who have approached courts for redressal of a range of injustices. More recently Justice Chandru has been in the news as the inspiration for Suriya’s character in the Tamil movie Jai Bhim. Jai Bhim is based on the real-life story of Parvathy, a woman belonging to the Irula tribe who approaches the Madras High Court to find her husband who is falsely arrested for theft and after severe custodial torture purportedly escapes from prison. Reading list: http://eprints.lse.ac.uk/80097/DAKSH, Access to Justice Survey 2016 https://www.dakshindia.org/access-to-justice-survey/ Justice K Chandru, Listen to My Case! When Women Approach the Courts of Tamil Nadu State of Indian Policing Report 2019, Common Cause https://www.commoncause.in/uploadimage/page/Status_of_Policing_in_India_Report_2019_by_Common_Cause_and_CSDS.pdf CREDITS: Host: Leah Verghese This is a Maed in India production. Production Head & Editor: Joshua Thomas Sound Mixing: Kartik Kulkarni Project Supervisor: Shaun Fanthome

According to surveys, public procurement, access to public services, and regulation in India are prone to high degrees of bias, corruption and misalignment with public welfare. An ideal at the heart of good governance reform is “public accountability”; we frequently hear calls for greater accountability of government actors - both within public institutions and to the public at large. In Episode 7 of the DAKSH podcast, we speak to Dr. CK Mathew, a former bureaucrat and current academic, researcher and author with an interest in challenges before the Indian administrative state. Dr. Mathew weighs on how he thinks about public accountability - who owes it, to whom and how; how it affects the morale and functioning of administrators, and what elements are necessary for ‘accountability’ to drive towards improved development indicators. Drawing on his experience working with politicians and civil society, Dr. Mathew explores institutional and public experiments with accountability and unpacks what this concept means to him. Reading List Dr. CK Mathew. “The Historical Evolution of the District Officer.” Azim Premji University, 2020. https://azimpremjiuniversity.edu.in/publications/2020/book/the-historical-evolution-of-the-district-officer-from-early-days-to-1947 India Today. “State of States 2021: The Best States in India.” November 2021. https://www.indiatoday.in/magazine/cover-story/story/20211206-state-of-states-2021-the-best-states-of-india-1880809-2021-11-27 Public Affairs Centre. “The Public Affairs Index.” https://pacindia.org/page/pai Bala Posani & Yamini Aiyar. “State of Accountability: Evolution, Practice & Emerging Questions in Public Accountability in India.” Accountability Initiative. May 2009. https://accountabilityindia.in/sites/default/files/working-paper/34_1244199435.pdf CREDITS: Host: Smita Mutt This is a Maed in India production. Production Head & Editor: Joshua Thomas Sound Mixing: Kartik Kulkarni Project Supervisor: Shaun Fanthome