Articles
Irrelevance Of Character Evidence In Rape Trials
It has often been stated by activists, policy makers and judges alike that rape trials victimise the rape survivor[1] by subjecting her to a series of harrowing experiences, from the medico-legal examination to harassment by the police, disturbing cross-examinations and in several cases, the questioning of her character by lawyers, judges and the public.[2] To make the process of rape trials less painful for the survivor, amendments to criminal law statutes and the Indian Evidence Act[3]...
Gig Workers, Platform Workers & Gig Economy
When the new labour Codes were introduced, like every other legislation, they invited critique from different quarters because of reasons ranging from lawmakers' lackadaisical understanding of labour policy to increased stringency of provisions making it more difficult for workers to assert certain basic rights. But one aspect of labour codes that was applauded by all stakeholders was the inclusion of gig and platform workers in the Code of Social Security, 2020. Gig workers everywhere in...
Reconciling Live-In Relationships With Domestic Legal Order In India
Though 'Live in relationship' term may seem distasteful to some, nonetheless it is practice prevalent since ancient times. The puranas also have a mention of gandharva marriage which does not require involvement of the family members in the rituals. Even Lord Krishna and Radha lived together according to mythology. In some Islamic sects Muta or temporary marriage has also attained legitimacy. However, it was only in 2005 through the Domestic Violence Act, 2005 that the legislature...
Tendering Pardon To An Accomplice In A Case Triable By A Special Court Under The Prevention Of Corruption Act, 1988
The salutary principle of tendering pardon to an accomplice is to unravel the truth in cases where heinous offences are alleged to have been committed by several persons and the prosecution is unable to obtain any direct or circumstantial evidence to unearth the complicity of the main offenders. With the aid of the evidence of one of those participants in the crime who is granted pardon, the prosecution may be able to bring home the guilt of the rest of the offenders. (Vide para 42 of...
A Long Awaited Reform
Reading the recent observations by the Hon'ble Delhi High Court has brought a mixed feeling dominated by hope for possible reform. The bench[1] comprising of Justice Rajiv Shakdher and Justice C Hari Shankar observed that a woman has a right to sexual autonomy and to deny any sexual advances, even if by her husband. This case might just prove to be the final nail in the archaic marital rape exception. Legislations And Recommendations Section 375 of IPC, 1860 defines rape and also...
Tendering Pardon To An Accomplice In A Case Triable By A Special Court Under The NIA Act, 2008
Many a time, grave and heinous crimes are committed in such a manner that no clue or trace, much less, any eye-witness evidence may be available for the detection of such crimes. The result would be that the perpetrators of such gruesome and beastly crimes go unpunished and escape due to lack of evidence. In order to obviate such a result, the framers of the Code thought that, with a view to unravel the truth of such dastardly crimes, any person believed to have been directly or...
Justice Hema Committee Report On Sexual Violence, Non-disclosure Of: A Critique
In February 2017, a prominent female actor from the Malayalam Film Industry (Mollywood) was abducted and sexually assaulted by a gang of men in a moving car in Kochi. The Actor-survivor's colleague and lead Actor Dileep is named as a accused/conspirator for paying money to sexually assault her and record the crime on camera. A criminal case was registered, and the same is still pending trial. Around 20 witnesses have turned hostile to the prosecution given the mighty influence of the accused,...
The Progressive Decline Of An Equitable Jurisdiction
Shareholder Disputes Are Often 'Family' Disputes Family run companies continue to dominate the corporate landscape in India. Ownership and governance of such companies are often dictated by pre-existing family arrangements /settlements which reflect the wishes and vision of the founders of such companies. Shareholding in such companies is acquired by way of inheritance or by way of gratuitous share transfers. The articles of association of such companies ensure that shareholding and...
Interim Compensation In Section 138 (NI Act) Cases; Complainant's Right Or The Discretion Of A Court?- Delhi High Court Affirmed. (Part -2)
The first part of the article discussed the concept of an interim compensation in cheque bounce cases which are being governed by the Negotiable Instruments Act, 1881 (for brevity "the Act"). In the first part, the mandate of section 143A of the Act that deals with interim compensation during the pendency of section 138 cases (cheque Bounce cases) was discussed in detail with special reference to 2 (two) judgments i.e., L.G.R.Enterprises vs. P.Anbazhagan[1] (for brevity – "LGR case")...
