Articles
Arjun Panditrao Decision- The Time To Revisit S.65B Of Indian Evidence Act: A Scientific Legal Analysis
"Every new time will give its law" - Maxim Gorky, The New Lawyer's Wit and Wisdom In its quest to emplace the judicial discipline relating to admissibility of any electronic record and to obviate the controversies created by the previous judgments as to whether certificate under Section of the 65B of the Indian Evidence Act, 1872 ('the said Act') is a condition...
Ram Jethmalani : Extremely Charismatic, Sternly Majestic And Exceptionally Erudite Lawyer - A Tribute To My Mentor
Words are not enough to describe this fearless, courageous, outspoken and unapologetic personality. To say that he led an illustrious life, would be an understatement. My first meeting with Ram Sir was as a law student, who was extremely fortunate to get an opportunity to intern with the legal legend himself. On the first day of my internship, I was informed that I need to...
The California Senate Bill 132: A Step Towards Preserving The Respect And Dignity Of Incarcerated Transgender Individuals
In a historic move, the state of California in the USA by a vote of 43-13 moved the Senate Bill 132 which if passed by Governor Newsom, would allow Transgender inmates to opt-out of being housed in men's or women's prisons. The bill introduced by Senator Wiener is aimed at safeguarding the basic rights and dignity of gender non-conforming people and seeks to establish "The...
[NLAT] Myth Of Zero Year & Five CLAT Postponements
We live in post truth era and therefore facts do not matter anymore. We keep on saying that India's Covid-19 management is the best in the world yet the fact is that today we have second highest number of Covid-19 positive cases in the world and for last two weeks have been registering world's highest number of positive cases and deaths per day. We have been asserting that our economy...
Prompt Judicial Review Of Trade Remedies Not Yet A Reality
Trade remedies is an exception to the guiding principle, that each member nation must extend equal treatment to other member nations and not discriminate between its trading partners. It is only in special circumstances of unfair trade; member countries can impose duties to offset the injurious effects of dumping or subsidization. The legal basis for trade remedies flows from Article...
Internship And Exploitation Of Labour
The Ministry of Human Resource Development, India has released the National Education Policy, 2020. Among other things, it provides that- for gathering hands-on experience of vocational subjects, school and under-graduate students shall undertake research assignments and internships to enhance their employability as part of their curriculum. Courses for engineering, law etc. already...
Privacy Versus Morality: An Indian Gordian Knot
Two years after historic judgment in Navtej Singh Johar case, an age-old debate in legal philosophy is revisitedSir Edward Coke, in his The Institutes of the Laws of England, (1628) famously said: "a man's house is his castle" What was meant by 'castle' was defined in 1763 by the British Prime Minister Sir William Pitt: "The poorest man may in his cottage bid defiance to all the forces...
Sub-Classification And Reservation
In State ofPunjab v. Davinder Singh (27 August 2020), a Constitution Bench of the Supreme Court headed by Justice Arun Mishra recently referred E.V. Chinnaiah v. State of AP, (2005) 1 SCC 394, to a larger bench for reconsideration. In Chinnaiah, the court had held that governments cannot introduce a special sub-quota, within the SC and ST quota, in favor a few castes or tribes who are...
[Column] 'The Secret Of Life Revealed By Virtual Courts' By Justice Anand Venkatesh
I was overwhelmed by the acting skills of the protagonist in the movie and lost myself for nearly two hours. The performance of a comedian had me laughing for an hour or so. I was engrossed in reading a book which kindled my thoughts too. I was so enraptured by a song and its singer that it brought tears to my eyes. A poem kindled my inner thoughts and made me contemplate the purpose of...
When The Dust Settles: An Ode To India's Incarcerated
This story has been told before. But it is important that it be told at every given opportunity. This is the story of how the state subverted the rule of law to stifle dissent. This is a story of how the judiciary in part – abetted – and in part – thwarted the state's attempt to incarcerate those who dared to speak against its excesses. Above all, it is a story of the resilience...
Chief Justice Govind Mathur, Who Quashed Kafeel Khan's Detention, Has A Consistent Record Of Upholding Fundamental Rights
With the resounding verdict against the preventive detention of Dr. Kafeel Khan, which was greeted with jubilation by all those who stand for civil liberties and rule of law, Chief Justice Govind Mathur of the Allahabad High Court marked himself as an unfailing defender of the citizens' fundamental rights.In fact, Kafeel Khan's judgment is the last in the latest in the series of several...