Articles
Touchy Interpretation Of Child Sexual Assault By Bombay High Court
The Bombay High Court, in a controversial order passed last week, held that groping a child's breasts without 'skin-to-skin contact' would amount to molestation under the Indian Penal Code but not the graver offence of 'sexual assault' under the Protection of Children from Sexual Offenses (POCSO) Act.As per Section 7 of POCSO Act, whoever, with sexual intent touches the vagina, penis, anus...
Increased Threshold: Magical Figure For Allottees Under The Insolvency And Bankruptcy Code, 2016
The status of homebuyers as a class of financial creditors and their right to initiate the Corporate Insolvency Resolution Process (CIRP) against the builder/developer under the Insolvency and Bankruptcy Code (IBC or Code) had traversed a very long journey which witnessed various legislative amendments and Supreme Court's decision (Chitra Sharma versus Union of...
Maskless Invigilators, No Temperature Checks, Disregard For Social Distancing: How BCI Organised AIBE During A Pandemic
After 15 months, the Bar Council of India finally organised the All India Bar Examination through the physical mode on January 24. The exam, which is organised twice a year, was postponed multiple times in 2020 due to the COVID19 pandemic, and with BCI claiming that it was not feasible to organise the same through the online mode. However, as the exam finally took place, law...
Two Supreme Court Judgments Killed The Working Class & Converted India Into A Country Of Slaves: Colin Gonsalves In KG Kannabiran Lecture
[This lecture, originally titled "Educate, Agitate and Litigate" was delivered on 11 January 2021 as part of the KG Kannabiran Lectures on Law, Justice and Human Rights – organised by the family of KG Kannabiran (1929-2010) to celebrate his life, work and its futures]. Abstract: Senior Advocate Colin Gonsalves speaks on challenges in our times and the way ahead – reflecting...
Munawar Faruqui's Case- Misuse Of Section 295A Of Penal Code And An Aggravated Insult On Free Speech
Having regard to the ingredients of the offence created by the impugned section, there cannot, in our opinion, be any possibility of this law being applied for purposes not sanctioned by the Constitution- Supreme Court on S.295A IPC in Ramji Lal Modi v. State of U.P [(1957) S.C.R. 860]
The Puzzling Dismissal Of Aadhaar Review Despite Pendency Of Larger Bench Reference On Money Bill Issue
The Supreme Court, by 4:1 majority, dismissed the review petitions challenging the Aadhaar verdict.The majority order, which starts by rejecting the prayer for open Court/personal hearing of Review Petition(s), is very brief and non-speaking. It only 'hastens' to add that change in the law or subsequent decision/judgment of a coordinate or larger Bench by itself cannot be regarded as a ground...
A Short And Telling History Of Farm Protection Laws
One of the most enduring and perpetuating myths is that industrial development takes place at the cost of agriculture. Nothing can be farther than the truth as is illustrated in the legislative history of Japan. LEGISLATIVE HISTORY OF JAPAN Japan was in the throes of the winter of 1945-46. It had surrendered to the Allied forces. Japan had probably the most debilitating feudal...
Responsibility Of The Custodes And The Committee On Farm Laws
The parliament represents the 'sovereign will of the people' and in law there is a 'presumption of validity' in favour of legislations enacted by the Parliament/Legislatures(as has also been held in a plethora of judgments). Our history has never witnessed such an extraordinary stay of implementation of Acts of Parliament as has been granted without stating them to be prima facie...
An Ongoing Struggle For Women's Freedoms
Enactment of 'anti-love jihad' laws across India, not just criminalises love, but robs a woman of her individuality and independent existence. Overlooking their capabilities, the government of today seeks to shatter the choices and freedoms of Indian women by confining them to the domestic sphere, even deciding who to love and live with. Dr. Rukhmabai, India's first...
Giving Freedom Some Breathing Space: The Allahabad High Court's Landmark Judgment On Notice Under Special Marriage Act
Yesterday, a single judge of the Allahabad High Court handed down an important judgment reading down Sections 4 & 5 of the Special Marriage Act, which requires couples to notify Marriage Officers one month in advance of their marriage, and for Marriage Officers to publicise such a notification. The SMA allows for any person to "object" to the marriage on the basis that it (allegedly)...
Allahabad HC Verdict Comes As Saviour For Inter-Religious Couples Caught Between Special Marriage Act & UP Anti-Conversion Ordinance
The landmark verdict delivered by the Allahabad High Court to remove the mandatory publication of notice under the Special Marriage Act 1954(SMA) makes a mention of the problematic Uttar Pradesh Ordinance which criminalizes religious conversion for marriage.Coming amid a surcharged atmosphere created by rampant arrests under the Uttar Pradesh Prohibition of Unlawful Conversion of...
The Underworlds Of Whatsapp
Recently the most used mobile commodity Whatsapp sprang its wings in Non-European countries and introduced a new oxymoronic privacy policy for its Non-European users (includes Indian Users). Though termed as privacy policy, the enigma behind is the fact that it is a policy to publicise, exhibit and sell the privacy of users. "Killing you softly…" is the essence of whatsapp's...