National Law University is inviting applications for the post of Consultant (Research) for Project 39A.
About NLU Delhi
National Law University, Delhi is a National Law University in India, offering courses at the undergraduate and postgraduate levels.
About Project 39A
Project 39A draws inspiration from Article 39-A in the Indian Constitution on equal justice and opportunity in the legal system. They work on issues specific to the criminal justice system and undertake litigation, research and outreach relating to forensics, torture, legal aid, forensic psychiatry and the death penalty.
About the Research Project
Role of Magistrates in Ensuring Constitutional & Statutory Safeguards: The project will focus on the possibilities of justice represented by custodial safeguards, which come into play the moment a person steps into police custody, and the limits therein. Rather than considering justice as the endpoint of a process of investigation, or after a person has been the subject of custodial violence, this study will examine the first point of interaction between the state and the citizen in custody. Since access to justice, especially in custody, is mediated by class, caste, religion, and gender (for instance), that will be a central framework of the study.
Article 22(2) of the Indian Constitution requires that the police produce arrested persons before the Magistrate within 24 hours of arrest. The first production is the first time that the judiciary- the institution reflecting the rule of law and a check on the executive- must exercise its oversight powers to ensure constitutional and statutory protections for a person in custody. At this stage, the Magistrate is empowered to scrutinise the grounds and legality of the arrest, assess the availability of quality legal representation, consider the safety of the accused in custody, and make a determination on bail or further detention.
Through subsequent remand hearings, the Magistrate is also required to monitor the investigation and the entire duration spent by the accused in police custody. Thus, the Magistrate is empowered to play a crucial role in balancing the rights of an accused with the requirements of the police investigation.
This study will involve observing court proceedings on first production and remand, over a period of 90 days, to qualitatively consider the manner in which Magistrates are able to realise due process safeguards and protect the rights and dignity of the accused in custody, particularly those belonging to socio-economically vulnerable groups.
About the Position
Applications are invited from eligible candidates for the position of Consultant (Research) for Project 39A.
No. of Positions
12 months, may be extended, as required.
Roles and Responsibilities
- Implement the Magistrate Court Study, as per the project design, under the supervision of the project leads.
- Conduct all activities involved in the administration of the project, including managing a team of full-time researchers.
- Liaise with District and State Legal Aid authorities, judges, lawyers, police, and other institutions and authorities, to ensure effective implementation of the project.
- Conduct empirical research through observation of court proceedings in select Magistrate Courts in Delhi and interviews with relevant stakeholders.
- Collate and analyse findings from court observations and interviews.
- Writing and publication of the report and other materials based on the findings of the project.
- Contribute to developing, and implementing effective media and outreach strategies to launch the report and disseminate the findings of the report, after publication.
- Any other work that may be necessary to ensure the effective implementation and completion of the project within the proposed timelines.
- A postgraduate degree in any of the relevant fields, including Sociology, Anthropology, Political Science or any other Social Sciences.
- Demonstrable experience in conducting independent research and writing, particularly on socio-legal issues.
- Knowledge and experience in conducting ethnographic or empirical research.
- Knowledge and familiarity with issues related to the criminal justice system, courts, and criminal procedure. Prior work in Delhi courts would be an advantage.
- Prior engagement with perspectives on systemic discrimination (for instance, due to caste, class, religion, gender, or sexuality) and its intersection with access to justice concerns.
- Ability to comprehend, converse, read and write Hindi, fluently.
How to Apply?
- Interested persons may submit their resumé and a statement of purpose, explaining their interest in working on this specific project, their relevant work experience, and the contribution that they see themselves making in the successful implementation of the project.
- Applicants are requested to fill out the form in the link provided at the end of this post and attach the relevant documents.
Remuneration will be commensurate with qualifications and experience and will be approximately INR 55,000 per month.
September 11, 2022