Articles
The Guardian For One And All Or The Judiciary Is The Sentinel Qui Vive
While hearing the Arnab Goswami's Case in court, Hon'ble Justice D.Y. Chandrachud remarked: "If we don't interfere in this case today, we will walk on path of destruction. If left to me I won't watch the channel and you may differ in ideology but Constitutional courts will have to protect such freedoms..." "Forget Arnab Goswami for a moment, we are a Constitutional court.... If we as...
'Unrapeable' Female Bodies
In the words of Audre Lorde, the renowned American feminist poet: "I write for those women who do not speak, for those who do not have a voice because they/we were so terrified, because we are taught to respect fear more than ourselves. We've been taught that silence would save us, but it won't." The world community has questioned how the Criminal Justice...
Remembering Mr. Law – A Tribute to MC Setalvad
In a discussion over the greatest lawyers India has produced, the name of Motilal C. Setalvad cannot be left out. The stature and brilliance of this man, is evident from the title 'Mr. Law' as he was popularly called. Today, marks the 135th birth anniversary of Shri Setalvad and this post tries to pay a tribute to him by highlighting the significant events of his life and legal career....
A Forgotten Judgment In The Age Of Gladiatorial Roman Circus Media
From the 3rd century BC right up to 4th century AD, the rulers of Rome devised a popular entertainment form to keep the restless population engaged, occupied and distracted. The rulers branded persons as criminals. And then there were slaves. The chosen few from this brood were brought into huge stadiums called Roman circuses, and were made to fight other gladiators or wild beasts....
Disciplinary Action After Superannuation
Two issues were repetedly causing litigations before various courts including before the Supreme Court:whether a departmental inquiry initiated before the superannuation can be continued after an employee reaches the age of superannuation and whether a penalty can be imposed after conclusion of such an inquiry or not whether Gratuity can be withheld in the meanwhile, till the inquiry...
Constitutional Conundrum Of Special Courts
The Supreme Court of India, by an Order dated 01.11.2017 in a Public Interest Litigation, had mooted a "Central Scheme for setting up of Courts exclusively to deal with criminal cases involving political persons on the lines of the Fast Track Courts". This, subsequently, led to the setting up of "Special Courts" to deal with the criminal cases against Members of Parliament and Members...
Indian Media: At A Crossroads
Developments over the last few years in news reporting in India, culminating into the coverage of the Sushant Singh Rajput case, has brought out a significant issue regarding the extent and manner in which the media should be regulated, particularly, electronic and digital media, when it comes to reporting ongoing criminal investigations and trials. Now, that's a delicate issue as...
Immoral Traffic (Prevention) Act, 1956; An Example Of 'Legislate In Haste, Amend At Leisure'
India in 1956 to curb human trafficking enacted the Suppression of Immoral Traffic in Women and Girls, 1956. The name was subsequently changed to the Immoral Traffic (Prevention) Act ("the Act") via an amended in 1986. However, even though the Act was formulated to prevent human trafficking, it became a weapon in the hands of law enforcement to penalize sex workers instead....
Cabinet Government
The Constitution has adopted the Cabinet form of representative democratic government as in the UK, a form of government tersely described as based on the 'Westminster model' which is a constitutional monarchy. The President of India is the head of the State. He represents the nation. He is conferred with a large repository of powers. All actions are taken in his name. What is true...
Important Supreme Court Judgments: October, 2020
The Supreme Court of India has pronounced numerous judgments in the month of October, 2020. In this write-up, the important pronouncements are briefly discussed. TofanSingh v. State of Tamil Nadu, Criminal Appeal No. 152 of 2013 (Decided on29/10/2020). A Bench of Justices R.F. Nariman, Navin Sinha and Indira Banerjee (dissenting), in a 2:1 majority, held that the officers who...
Lest We Forget: Deshbandhu C R Das- A Prince Among Patriots
He was like a mountain peak that dazzles in the last rays of the setting sun, a strange figure, almost lost to us in the mists of time, but living in the minds and hearts of men as long as right is might and life is stronger than death. We may as well say this of Deshbandhu Chittaranjan Das, borrowing a tribute by Arthur Mee to that great Greek Philosopher, Socrates. Events crowd...
Due-Process Paranoia And Virtual Arbitration In India
The arbitration has always been one of the swiftest ways of resolution of any dispute. The flexibility and ability to adapt are core features of Arbitration. When the local and national courts are struggling to keep their doors open for the litigants in quest of justice, the international arbitral institutions have taken aggressive measures to keep the show going, albeit with its own...