RESEARCH PROJECTS

Admissibility of Scientific Evidences in Indian Courts

This project examines the discerning process by which the tribunal of facts arrives at conclusions concerning the material elements of the case, specifically with regards to its inclusion or exclusion. Rule 702 and the Daubert precedence provide some general criteria on accepting scientific evidences/expert opinions but a similarly explicit regulation or case law is starkly missing from the Indian jurisprudence and associated legislation such as the Indian Evidence Act or Criminal Procedure Code. With rapidly advancing scientific inquiry rendering some of the previously acceptable science obsolete, and producing new sciences for the courts to entertain, the need of the hour is of increased scientific literacy among the legal community. The ultimate decision to include or exclude any specific scientific evidence or technique should be the product of scientific and informed deliberations on part of the judiciary.

Poulomi Bhadra

pbhadra@jgu.edu.in

Pedagogical approaches to Integration of Forensic Studies in Legal Education

As is increasingly evidenced in criminal courts, scientific evidence forms a crucial part of the trial strategy. However, the use of forensic evidence in Indian criminal justice system is limited, compared to its prevalence in the West. One of the factors contributing to this is the limited awareness regarding scientific procedures and analysis which is an impediment to the critical use of scientific evidence in court proceedings. However, introducing different disciplinary teachings from natural and physical sciences into a law classroom presents its own challenges. An initial search of pedagogy literature seems to suggest limited scholarship on the pedagogical techniques that can be used to meet the challenges faced in dissemination of advanced scientific information to students from a primarily social science academic background. Deriving from the case study of the forensic science course presently being offered at JGLS, this project aims to identify the variety of teaching methods and assessment patterns that might be used to impart and assess the learning outcomes and to verify the effectiveness of each strategy design with regards to instructor, curriculum design and student perception.

Poulomi Bhadra

pbhadra@jgu.edu.in

Use of Pre-menstrual Syndrome as an Insanity Defense

There have been several noted cases internationally and at least one in India where the court has had to entertain a defense plea of pre-menstrual syndrome as a mitigation factor for reduced culpability to the crime. Through a study of these cases, we discuss how these cases have considered the plea, and in doing so, legally defined the condition of premenstrual syndrome as a psychological and/or physiological event that affects the defendants. In this paper, we discuss the spectrum of this syndrome and the effects that are scientifically known to be associated with it, and use this to suggest how the mental insanity clause in the Indian Law can be revisited. We also discuss the repercussions of allowing such defenses in court without adequate screening and scrutiny on modern feminism.

Poulomi Bhadra

pbhadra@jgu.edu.in

Crimes during the Covid-19 Pandemic

The COVID-19 Pandemic lead to a global health crisis and lockdown in many major cities across the world. Almost all nations restricted movement of citizens and enforced social distancing that brought on a new aspect of public order. This situation also resulted in several other consequences - heavy strain on public systems, disruption of supply chains, loss of jobs, public panic, rise of economic frauds and schemes, victimization of minorities, violence against frontline workers, general stress and anxiety - that gave rise to substantial criminogenic factors. This project notes some of the criminal aspects of the events that unfolded worldwide in the wake of the COVID-19 situation and the responses of the State and law enforcement agencies in addressing these in a time of emergency.

Akshaya K

akshaya@jgu.edu.in

Shankey Verma

sverma@jgu.edu.in

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Vipin Vijay Nair

vvnair@jgu.edu.in)

Hate Crimes in Cyber Space

This project examines the effect of the internet on hate crimes in India within the last few years. There is evidence that shows that hate offenders who commit extremist or radical offenses have a wellestablished presence online, and real world hate crimes can be increasingly linked to virtual activities. Building on psychological research that has created a typology of these offenders, we study a variety of incidents in the online space and across digital platforms to understand the themes and factors underlying such behaviour, and the extent of potential damage that such online behaviour can cause when unchecked. Another aspect of the study also focuses on studying specific crime phenomenon that arose in the online space, such as the Sulli Bai app and targeted violence against minorities, that also have their roots in the communal and socio-political tones of social media hate speech. We hypothesize that online/offline boundaries may be more blurred than the terms imply. For victims, it is often difficult to isolate the online threats from the intimidation, violence, and abuse that they suffer offline. The findings from this project will hopefully inform cyberpolicing and intervention strategies to prevent real life harms.

Poulomi Bhadra

pbhadra@jgu.edu.in