Nipun Saxena - Public Profile

26/11/2023

When it took 2 years, 11 months and 17 days to draft the Constitution, nobody knew that it would establish a legal system where a post card would kick start the legal machinery of the highest court of this Country. (Hussainara Khatoon and Sunil Batra) Such is the dynamic nature of our Constitution that it afforded the opportunity to the "daridra narayan" as was famously remarked by J. V.R. Krishna Iyer to knock at the doors of the highest Courts in this Country.

Today the unveiling of the statue of Dr. Ambedkar dressed as a lawyer in the Supreme Court lawns is a symbol of inclusivity and in celebration of the indomitable spirit of an individual who had a vision for this country.

In taking that vision of "access to justice", another initiative has been undertaken to commence translation of all reportable judgments through E SCR initiative using Machine Learning Tech which would enable every Indian to read and understand the judgments of the Supreme Court in their preferred languages.

Furthermore, this Law Day has also witnessed the inauguration of a very crucial technology: FASTER 2.0 which would enable judgments and orders to be sent directly to High Courts, Trial Courts and prisons so as to enable timely release of undertrial prisoners. For anybody who has been on the receiving end of delays in transmission of orders of releases, and the long standing incarceration that it entails, this technology is truly God sent.

The Hon'ble Chief Justice must be commended on these laudable initiatives on this Law Day!

09/04/2021

For any lawyer, the greatest achievement is to be recognized for their work by the Court.

The joy is only compounded when you see your name being referred to by one of the most distinguished jurists in her farewell speech on national television. To be appreciated outside the Court is deeply rewarding and motivating.

To anybody who had the pleasure of knowing Hon'ble Justice Indu Malhotra would say that as a member of the bar she had epitomized all the virtues of an excellent lawyer: voracious reader, tenacious counsel and concise.

As a Judge of the Hon'ble Supreme Court of India her image shall stand tall in the pantheon of Judges who committed their lives in the development of law.

As the second woman Judge to be elevated from the bar by the Supreme Court, a merit holder in the AOR examinations, a Senior Counsel designated by the Supreme Court and with an expertise in commercial arbitration and constitutional law, J. Malhotra has touched every person through her judgments.

17/09/2020

I shall be sharing my views on a topic which is not only close to my heart but which has also generated mass debates and polarized views.

Freedom of Speech and Expression in the Digital Age and the challenges that it faces.

I shall be talking about the unique challenges that are faced in the realization of this right in digital medium. With burgeoning issues such as deep fakes, AI enabled algorithm analysis of user profile and behaviours and a host of new and evolving cyber offences, the law has to keep up to speed.

17/04/2020

Lest, we should forget, when all this is over, we must know which is the most important issue for elections, for policy formulation, for budgetary allocation and for effective implementation. It is "Healthcare".

Please do not forget these times. It is no answer that after 70 years of Independence, we do not have a robust healthcare system and therefore we must subject ourselves to our fate.

For the uninitiated, this excerpt by Economic and Political Weekly Issue of 2018 will summarize everything:

Economic & Political Weekly dated 10-2-2018:

“India is one of the worst countries to die in, especially for those suffering from terminal illnesses. In 2015, the Economist Intelligence Unit brought out a Quality of Death Index, which ranked India 67th out of the 80 countries it had surveyed. In December 2017, a joint report published by the World Health Organization and the World Bank revealed that 49 million Indians are pushed into poverty every year due to out-of-pocket expenditure on healthcare, accounting for half of the 100 million who meet such a fate worldwide. India's Central Bureau of Health Intelligence data puts the figure even higher. This unconscionable situation is the direct outcome of the sorry state of our public health system. India's spending on health is among the lowest in the world. The Economic Survey 2017-18 shows that the Government spends only 1.4% of its gross domestic product (GDP) on health. The 2017 National Health Policy, which otherwise exudes piety in its abstractions, aims to increase government expenditure to 2.5% of GDP by 2025. By all accounts, this is too little too late.

The situation improves only marginally for the better-off sections. With over 90% of intensive care units in the private healthcare sector, it is largely this section that can access expensive treatments. But this does not improve end-of-life situations for them. Awareness and training in palliative care remain grossly inadequate.

02/04/2020

Being a kid from the 90's era, watching Ramayan on our television sets every weekend was an absolute delight. More than the rustic animation, or rudimentary VFX employed, it was what evoked sentiments in all of us to follow the path of righteousness. For myself, it meant sitting on the lap of my Nanaji and watch all the stories that he recited to me as bedtime stories in a visual depiction.
Our house, fortunately was one of the very first ones to have a TV set, and so we saw a lot of people from the nearby locality rush in to catch a glimpse of the beloved Shri Ram portrayed by Arun Govil.

As a child I witnessed devotion in its purest form. Neighbourhood aunties in their 60's hurling their pooja thalis and bowing down in reverence to Shri Ram appearing on television and seeing them live through the entire story, welcoming Sita as their own daughter in law, and sobbing endlessly when Dashrath passed away consumed in self guilt for having sent his son to 14 years of exile. I saw faith moving people into tears, and I saw beautiful expressions of devotion and sincerity, not the likes of what we see today.

To me personally Lord Ram was and continues to be an epitome of love, kindness, humility and integrity. He never hesitated to help the voiceless, took help from Nishadh, a tribal leader, ate half rotten fruits from Shabari purely out of devotion, expressed gratitude to all the animals and flaura for his time in chitrakuti and only resorted to a righteous Dharma Yudh as a last resort, when his own wife was wronged by the demon king Ravana.

Even during the last moments of Ravan's life, Lord Ram sent his brother Laxman to learn the concept of "Dharma" from him for there was none as intelligent as Ravana himself.

Lord Ram is known for his humility, love and compassion for both humans as well as for nature, and I hope if we can only emulate 1/10th of his teachings, we would be better humans, not better hindus but better humans.

Happy Ram Navami!

30/11/2019

While condemning the burgeoning increase in r**e cases, and while describing the depravity in the commission of such offences, most of my friends who hail from legal circles, bureaucrats, activists, as well as media personnel almost invariably end up disclosing the identity of the survivor.

This is legally impermissible and attracts imprisonment under Section 228A of the Indian Penal Code, 1860.

The Supreme Court of India has already laid down extensive guidelines which prohibits any person from disclosing the name, age, location, parentage of a victim of sexual assault, irrespective of whether she is dead or alive or of unsound mind.

I hope in condemning these r**e cases, people will also demonstrate a sense of responsibility, sensitivity to the memory of the deceased, and an overarching realization that a crime is a crime and does not revolve around the name, caste, religion of the one against who it is committed.

Please read 2019 2 SCC 703 where extensive directions have been issued to all the stakeholders.

26/11/2019

I hope we find in ourselves the strength to live by the ethos, the commandments that are listed in our Constitution. Let preservation of the Rule of Law be a solemn commitment rather than a philosophy that exists in a textbook.

Let Rule of the Law know no man, no stature, no position greater than itself, for its very preservation is quintessential for our survival.

Happy Constitution Day, and I hope we aspire to live up to the expectations of our founding fathers!

28/08/2019

The singular point of distinction between good lawyers and exceptional lawyers is the manner in which they handle their clients, everything else kept constant.

The key is to distinguish between what qualifies as empathy and how it is different with getting emotional.

Lawyers will always find themselves standing at the cross roads of being empathetic versus being emotional to an extent that they lose objectivity in the case.

One must pursue passion and divorce it from emotion. I am passionate about my case and the way I conduct it, but at the same time I must not be so emotional that I start to identify myself with the case.

Many a times brilliant minds fall prey to this hiatus, as I usually see in many core litigation subjects such as matrimonial laws, property and family laws, criminal laws where often lawyers get emotionally involved either with the client or with the case.

This is a lifelong evaluation. At every single step a lawyer must ask himself/herself, whether I am getting too emotional and am I allowing my emotions to get in the way of my thought process ?

The very best of lawyers will always constantly monitor themselves and since this is a silent exercise, for reassessment of your own emotions always is, you and you alone have to master it.

22/08/2019

If we don't do something now, it would perhaps be too late to do anything for ourselves or for the next generation!

Hundreds of indigenous women are arriving in Brazil's capital to protest the policies of President Jair Bolsonaro. Tamikua Faustino of the Pataxó tribe told ...

15/08/2019

On this Independence Day I pray that all of us contribute to building the nation. Let us be proud of our history and rich heritage, but let us also be equally conscious of the responsibility that our founding fathers have left on our shoulders to be a better citizen.

Before claiming our rights, let us also do our bit to show that we are responsible citizens, to make a conscious effort towards our duties.

From recycling our waste to standing in queue, from conserving water to planting trees from promoting peace across various sects, castes and religion to standing together in the face of oppression and injustice let us take our country in our own hands and usher in an era of peace, communal harmony, solidarity and justice.

Let us remember our pledge to ourselves and the pledge we have made to our motherland so that we may be better citizens in our own eyes and perhaps in the eyes of those who have sacrificed everything to give us this day.

Happy Independence Day and Happy Rakshabandhan!

03/08/2019

Delighted to be invited by the Indian Law Conclave as a Speaker and Moderator where I shall be sharing my views on Article 35A and Article 370 of the Constitution dealing with the Special Status of Jammu and Kashmir.