Articles
Sedition And Its (Ir)Relevance In A Democratic India
Expressing disaffection towards the government is every citizen's right in any democracy, let alone the biggest and most complex democracy in the world. There are myriad ways via which disaffection towards the current regime can be expressed, which may or may not please the regime in power. India's sedition law, laid down in Section 124A of IPC is a colonial-era law that has attracted its fair share of ire for the same reasons. It reads as, "whoever, by words, either spoken or written,...
A Proposal To Deregulate Forest Governance
The Ministry of Environment, Forests and Climate Change (the Ministry) has proposed amendments in the form of a consultation paper to the Forest (Conservation) Act, 1980 (FCA) — a law which operates in a deeply contested space in India where not only the areas are resource rich but Adivasi and forest-dwelling communities also exercise their rights over these resources for livelihood. The proposed amendments purport to be for preservation of forests and also to increase forest cover in...
Delay In Release After Bail: Need For "FASTER"(Fast & Secured Transmission Of Electronic Records) In All Courts
Aryan Khan's case has brought to public attention the obsolete jail practices which must be resulting in unjustified extension of custody of thousands of persons across the country on a daily basis.
Is There A 'Right To Die With Dignity'?
Over the last eighteen months of the pandemic, we have seen a drastic increase in the number of patients entering critical care and requiring Life-Sustaining Treatments. Consequently, hospitals have had to facilitate end-of-life decisions when there is little or no scope for recovery. On February 17, 2020, the ICMR issued Consensus Guidelines on 'Do Not Attempt Resuscitation' with comprehensive protocols on when and how the doctors can refuse Cardio-Pulmonary Resuscitation (CPR). However,...
Inheritance Of Agricultural Land By Women: There Is Distance Yet To Travel
Over the past 100 years, restrictions on Hindu women's property rights have undergone various changes. A 2000 report by Law Commission of India notes that the earliest legislation bringing females into the scheme of inheritance was the Hindu Law of Inheritance (Amendment) Act, 1929. Subsequently, the Hindu Women's Right to Property Act, 1937 brought considerable changes in the law of coparcenary, partition, alienation of property, inheritance and succession. It provided better property...
Whether Tele Law Scheme Is Panacea Of Free Legal Aid ?
Tele Law SchemeThe scheme of Tele Law launched on June 11, 2017 is outcome of collaboration between Ministry of Law , National Legal Service Authority (NLSA) and Ministry of Electronic and Information Technology . The scheme is to facilitate delivery of legal advice virtually to the general public through, the panel lawyer stationed at the State Legal Service Authority (SLSA) using network of Common Service Center (CSC) through video conferencing or Tele phone. Hence the entire...
The Evidentiary Irregularities In Aryan Khan's Bail Order
On 20th October, Special Judge V. V. PATIL denied bail to Aryan Khan accused of committing offences under sections 8(c) r/w 20(b), 27, 28, 29 and 35 of Narcotics Drugs and Psychotropic Substances Act, 1985. The prosecution alleged that Aryan Khan and his friend were apprehended together by the NCB at the International Cruise Terminal with his friend having 6 grams of Charas concealed in his shoes. The bail application of Aryan Khan was primarily rejected because of two reasons....
Consent, Rape, And Marriage: What Is India Doing?
In 1887, an 11-year-old child bride, Rukmabai was married off to19-year-old Dadaji Bhikaji. Rukmabai's mother decided that Rukmabai must continue to stay with her and educate herself. This was a time when child marriages were rampant and no one dared to speak about marital rapes because of the piousness of the institution of marriage. In 12 years, Dadaji Bhikaji filed a suit for restitution of Conjugal rights but the Court ruled in favor of Rukmabai citing her inability to give free...
My Lord, It's not about 'Your Honour'!
"You cannot force someone to respect you, but you can refuse to be disrespected", a quote, though by someone unknown, truly encapsulates the natural principle of human tendencies, which, in all circumstances, cannot be so regulated through rules and procedures, as the subjects are products of emotions largely, than of logic. The fluid nature and fine line of distinguishable difference between respect and disrespect, tends to define the relations in personal and professional space, and is...
Early Neutral Evaluation And Resolution Of IPR Disputes
Mediation has emerged as a prominent alternate dispute resolution ('ADR') process for IPR disputes in India, especially with the passage of the Singapore Mediation Convention. This blog-post seeks to argue for a lesser-known Early Neutral Evaluation ('ENE') mechanism for resolving IPR disputes in the country. ENE originated in 1985 in Northern District Court of California and is now popular in USA, UK, Singapore, and Australia. The ADR mechanism was formulated by Chief Justice Robert F....
Director's Duties And Issues Pertaining To Greenwashing As A Mirage
In today's era of fast-moving society people search for anything that can bring them closer to the nature and help sustain it for future generations. And what is better than buying a product that is not only green and sustainable but also in some way is beneficial for the health too. However, has it ever occurred to you that those green labels or natural brandings might be a mere stamp used by the corporates to promote sales and line their pockets with profits. In 2015, Volkswagen...