Articles
Two Finger Test: A Bain To Women's Dignity
“The use of the two-finger test or the Per-Vaginum examination has no scientific base and is an affront to a woman's dignity.” In May 2013, the use of the two-finger test was declared unconstitutional by the apex court. Further, in March 2014, the Ministry of Health and Family Welfare issued guidelines for the medico-legal care of sexual violence victims/survivors which banned...
No Fear As It Is All Numbers - Generally 1 Out 3 Candidates Pass The Advocates-On-Record Examination
Drawing an analogy, from the one who has failed in an examination after properly preparing and attempting it, should not be regarded as having no tales to tell and guide, I say it with conviction, even after securing second (2nd) rank in the Advocates-on-Record Examination in the year 2023, that similarly, the experience of a topper should not be taken to be the linear success curve for...
Powers Of The DRT To Condone Delays In Filing Applications Under Section 17; A Question Put To Bed?
Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ['SARFAESI Act' or 'the Act'] provides for the borrower of a secured loan a remedy to challenge any action taken by a creditor against his property by filing a Securitisation Application ['SA']. The provision prescribes a limitation period of 45 days for filing an SA...
Should We Leave Ensuring Fundamental Right To Mere Faith?
The verdict of the Supreme Court in Writ Petition (Civil) No. 434 OF 2023, Association of Democratic Rights v. Election Commission of India, raises more questions than it answers, especially regarding the technological operation of the Electoral Voting machines. It is very heartening that the Court has reiterated that it is the fundamental right of voters to ensure that their vote...
Revisional Jurisdiction Of Criminal Courts: Constricted?
Many a time, criminal courts pronounce orders which may have a patent defect or any error of law. In such a scenario, an aggrieved party looks for answers to such orders and this is why, the legislature in its wisdom, has prescribed a remedy to set right a defective order in the form of revision, under the Code of Criminal Procedure, 1973 (CrPC, hereinafter). The revisional jurisdiction of...
Victim: The Conundrum Over Definition
Criminal justice systems around the globe exist to safeguard the interest of society as a whole where states act Parens Patriae. In our country the criminal justice system criminal justice system often focuses on the accused's rights and procedural formalities surrounding the linchpins of criminal justice systems viz the Court and investigating agencies so much so that the needs of victims,...
Standard For Independence Of Independent Directors; A Lesson From Delaware
Tesla and Elon Musk found themselves in a legal battle with their shareholders in 2018 with regards to Elon Musk's pay package worth USD 56 Billion, which according to some of the shareholders was unfair. Finally, the decision was rendered in January 2024 where the Court of Chancery of the State of Delaware, a court which holds a reputation for fairness, experience, and expertise in...
Sir Asutosh Mookerjee - The Renaissance Man: A Centennial Tribute
If greatness consists in the combination of character and intellect of the highest order and if it is to be judged by the enduring value of solid work done in the fields of thought and action and its lasting impact on people and events, Sir Asutosh Mukhopadhyay was undoubtedly one of the most outstanding men, one of India's greatest sons. Mathematician, lawyer, judge, jurist, educationist, he...
Supreme Court Concludes The Question Of Jurisdiction Under Section 29A Of The Arbitration And Conciliation Act, 1996
The Supreme Court has recently settled the question as to which 'Court' possesses the jurisdiction to determine and decide an application under Section 29A of the Arbitration and Conciliation Act, 1996 (“Act”).[1] In the CE, PWD judgment, the Petitioner challenged an order of the High Court of Meghalaya, which held that the power to extend the mandate of an arbitral tribunal...
Need For Gender Mainstreaming In Online Higher Education In India
Gender mainstreaming is a strategic approach that seeks to promote gender equality by including a gender viewpoint into every step of policy development, planning, and execution. This approach guarantees that the design, implementation, monitoring, and evaluation of policies and programmes in all sectors take into account the views and experiences of both women and men. The primary...
7/16 Bhima Koregaon Accused Get Bail, Courts Raise Prima Facie Doubts About Evidence
The Bhima Koregaon case, in which several activists and academicians have been incarcerated under the draconian Unlawful Activities(Prevention) Act 1967 over alleged Maoist links, raises a big question mark on India's civil liberties framework. The fact that the trial has not yet commenced for nearly six years makes one question the seriousness of the allegations concerning national...
Clash Of Jurisdiction: Analysing The IBC-PMLA Conundrum
The Indian Bankruptcy Code (IBC) 2016 and the Prevention of Money Laundering Act (PMLA) 2002 are two separate laws that operate in their own specific areas. The IBC was created to clarify bankruptcy procedures and examine the possibility of restructuring companies to maximize the interests of all stakeholders. On the other hand, the PMLA has decided to deny the right of criminals to...