Papers by VenkataRao Rambhatla
SSRN Electronic Journal
The ongoing pandemic experience has not only exposed some key obstacles for law enforcement agenc... more The ongoing pandemic experience has not only exposed some key obstacles for law enforcement agencies, viz. communication, resource management, the enforcement of public health restrictions and changes to crime and service patterns, but also brought to the fore the ad-hoc and reactive responses from law enforcing authorities. For example, in the absence of proper national policing pandemic guidelines, there were instances wherein officers have used force. Such use of illegal measures for enforcing compliance, expose lack of preparedness of forces to tackle public health emergencies. Perhaps, one possible reason for such behaviour appears to be the continuous persistence on impartation of hard skills such as weapon use, combat skills, parades, crowd control drills and other physical competencies. As a result, development of soft skills like mob management, communication and coordination, negotiation, and conflict resolution, receive scant attention. Achieving compliance in any unforeseen and unprecedented circumstance is an important test of every police officer's skills. It is also an essential element of effective governance. In this regard, the present paper argues against deliberate vagueness and calls for greater police accountability. Also, in cases of public health emergencies the need to institute and enforce constitutional safeguards against extensive administrative powers must receive the judicious attention of the institutions in the echelons of power. Further, public health emergencies demand collaboration between law enforcement agencies and public health institutions. The paper suggests that optimal utilization of resources at various levels and greater sensitization of the personnel will enable the restoration of confidence levels of the people in the institutions.
SSRN Electronic Journal
Since COVID-19 outbreak the legal industry is awash in concepts like legaltech, which are popping... more Since COVID-19 outbreak the legal industry is awash in concepts like legaltech, which are popping up in quite a number. It represents an engrossing fusion of technology, business, and legal expertise that can be applied to both the business of law and the practice of law. Currently, investment in legaltech set an all-time high. There has been gigantic increase in tech bandwagons that offer an everexpanding array of tech-related courses, workshops, and externships. In this perspective, the paper argues that the impact of technology on the way we live, work, and conduct business is all pervasive and although legal profession has been slow to embrace technology the march ahead appears progressive.
SSRN Electronic Journal, 2020
During the COVID-19 governance experience, instances remain common wherein one could see the adop... more During the COVID-19 governance experience, instances remain common wherein one could see the adoption of 'haphazard' or caught 'off-guard' measures. At one place they have the potential to violate the constitutional right to equality and right to life of general masses, at the same time their continuous use strengthens development of an oppressive structure that targets vulnerable sections of the society. It is in this perspective the paper seeks to address the concerns of prisoners and migrant labours-termed "others". The paper reveals that while on the issue of prisons the initial efforts to resolve their concerns came through the Court followed by the governments; whereas in matters concerning the migrants the initial efforts saw government attention and later due to continuous reference from various corners of society the Court took the suo moto role to correct the situation on ground. The paper finally concludes that in both the cases, the results have been woefully uncoordinated.
SSRN Electronic Journal
India consider capital punishment as a legal penalty for certain unsual or exceptional offences, ... more India consider capital punishment as a legal penalty for certain unsual or exceptional offences, termed as rarest of rare cases. Over the years, the manner in which death penalty is being given raises serious questions. It becomes all the more relevant because not all convicts awarded death penalty are executed. Further, despite the rarest of rare doctrine, which was meant to limit capital punishment, the number of death sentences pronounced is high. The issue of capital punishment was twice dealt by the Law Commission of India and on both ocassions it recommended to retain capital punishment. In 1962, it supported the death penalty on the basis of India's particular circumstances wherein it could not "experiment" with its abolition. Whereas in 2015, it called for abolition of the death penalty for ordinary crimes, yet recommended it for terrorism related offences and waging war. There are other differing views too, while few argue that "death penalty can never be administred fairly or rationally"-others opine that "life can only be seen to be protected if those who take it away are proportionately punished." Globally, the picture that emerges is that an unprecedented number of countries have abolished or suspended the use of the death penalty. The paper concludes that given the uncertainity and developments taking place world over, the constitutionality of the death penalty is bound to be challenged once again in near future.
Indian Bar Review, 2020
During the COVID-19 governance experience, instances remain common wherein one could see the adop... more During the COVID-19 governance experience, instances remain common wherein one could see the adoption of 'haphazard' or caught 'off-guard' measures. At one place they have the potential to violate the constitutional right to equality and right to life of general masses, at the same time their continuous use strengthens development of an oppressive structure that targets vulnerable sections of the society. It is in this perspective the paper seeks to address the concerns of prisoners and migrant labours-termed "others". The paper reveals that while on the issue of prisons the initial efforts to resolve their concerns came through the Court followed by the governments; whereas in matters concerning the migrants the initial efforts saw government attention and later due to continuous reference from various corners of society the Court took the suo moto role to correct the situation on ground. The paper finally concludes that in both the cases, the results have been woefully uncoordinated.
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Papers by VenkataRao Rambhatla