Two Papers on Judicial Bias in India
Data-driven research into the Indian judicial system is still at a nascent phase but Ash et al and Bharti and Roy’s papers suggest exciting possibilities.
Two papers studying bias in judicial decision-making in India using large data sets have come to very different conclusions. One examines bail decisions and finds that childhood exposure to communal riots seems to influence whether a judge is likely to grant bail. The other examines convictions and finds no trace of similar bias on grounds of religion or gender. Both papers shed light, in different ways, on the working of India’s legal system and are not necessarily contradictory.
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About the Author
Alok Prasanna Kumar is Co-Founder and Lead, Vidhi Karnataka. His areas of research include judicial reforms, Constitutional law, urban development, and law and technology. He graduated with a B.A. LL.B. (Hons) from the NALSAR University in 2008 and obtained the BCL from the University of Oxford in 2009. He writes a monthly column for the Economic and Political Weekly and has published in the Indian Journal of Constitutional Law and National Law School of India Review apart from media outlets such as The Hindu, Indian Express, Scroll, Quint and Caravan. He has practiced in the Supreme Court and Delhi High Court from the chambers of Mr Mohan Parasaran, and currently also co-hosts the Ganatantra podcast on IVM Podcasts.
