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New laws mark the end of innocence

The reversal of burden of proof on cow, love Jihad, dissent and citizenship turns the tenets of judicial system on its head

laws, rule of law, judiciary, judicial system, criminal system

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illustration: Binay Sinha

5 min read Last Updated : Dec 17 2020 | 10:48 PM IST

Uttar Pradesh’s “love jihad” law on interfaith marriages carries forward another innovative feature of India’s legal system in these present times. This is the shifting of burden of proof from the State to the accused. The “innocent until proven guilty” maxim that underpins all law has been stood on its head and it is for the individual to prove their innocence to the State, which assumes that they are guilty.

This is unusual because no civilised nation runs its justice system in this fashion and even in India there are serious crimes that do not shift the burden of proof.

For instance,

Disclaimer: These are personal views of the writer. They do not necessarily reflect the opinion of www.business-standard.com or the Business Standard newspaper

Topics : Indian Judiciary Criminal Justice Love jihad Citizenship Mob lynching Cow Vigilantism

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