Articles
Supreme Court Of India And Non-Refoulement: A Tale Of Self-Imposed Limitations
On 8th April 2021,the Supreme Court of India (SCI), in Mohammed Salimullah v. Union of India, ordered the deportation of Rohingya refugees according to the procedure prescribed for deportation. The decision brings to the vanguard several striking issues, one being the stance taken by the SCI on the principle of non-refoulement. Non-refoulement, as defined by the United Nations High Commission on Refugees (UNHCR), is 'Protection against return to a country where a person has reason to fear...
Gender Equality In The Bar And The Bench - The Need For A Movement At The Bar For Transformational Change
As India enters its 75th year of independence, it is a good time to review gender equality in the legal profession and to set goals for 2047 when we would be celebrating 100 years of our independence.Gender equality is one of the United Nations' Sustainable Goals. In Goal no. 5, the UN has declared that "Gender equality is not only a fundamental human right, but a necessary foundation for a peaceful, prosperous and sustainable world." Gender equality is also enshrined in our...
Autonomy Of The Second Sex
"No one is more arrogant towards women, more aggressive or scornful, than the man who is anxious about his virility " Simone de Beauvoir : The Second Sex 'A husband's licentious disposition disregarding the autonomy of the wife is a marital rape' is the classic observation made by a Division Bench of the High Court of Kerala in a divorce proceeding where the court was pleased to grant a divorce to the wife ( XXX v. XXX, Mat. Appel no. 151 of 2015 dated 30.07.2021) The court...
Justice Rohinton Nariman's Legacy: Notable Judgments On Liberties, Orientation To IBC & Arbitration
Justice Rohinton Nariman's seven year old tenure as a judge of the Supreme Court has come to an end on August 12. He was appointed as a judge of the Supreme Court on July 7, 2014, only the fifth senior counsel to be elevated from the bar to the bench. During his tenure, Justice Nariman has authored notable judgments that have contributed to the country's evolving jurisprudence on the fundamental rights and liberties of citizens. Justice Nariman was also part of the bench which steered the...
Rollback Of Retro Tax: An Olive Branch To Foreign Investors
In January 2012, the Supreme Court of India gave relief to foreign investors through its landmark decision in Vodafone International Holdings BV v. Union of India[1] ('Vodafone case'). However, in a matter of months, the ratio laid down by the Supreme Court was rendered infructuous by way amendments to Income-tax Act ('IT Act'), which were made retrospectively applicable from 1961. Considering the controversies surrounding these amendments, now the Taxation Law (Amendment) Bill, 2021...
Humble Tribute To Amarendra Sharan, Senior Advocate, Supreme Court
Two years ago, on this day i.e. 12th August, 2019, Shri Amarendra Sharan, Senior Advocate, Supreme Court passed away suddenly. He had also served as Additional Solicitor General of India between 2004 to 2009. On his second death anniversary, we, his juniors, remember his life, work and the impact he left on us in shaping our career. It was our sheer luck to get an opportunity to work in his chamber. More than a senior, he was a father figure, mentor for his junior colleagues. It was...
Unconstitutionality Of Marital Rape Exception In Indian Penal Code
The Kerala High Court delivered a landmark judgment in which it held that 'marital rape' is a good ground for divorce. Merely for the reason that the law does not recognise marital rape under penal law, it does not inhibit the court from recognizing the same as a form of cruelty to grant divorce, Justice A. Muhamed Mustaque observed in the judgment.This judgment, in a way, reignites the debate about the necessity of retaining 'Marital Rape' exception in the Indian Penal Code.Exception to Section...
Reminiscence Of Colonial Past: The Essential Defence Services Bill, 2021
The Lok Sabha, on August 3, passed "The Essential Defence Services Bill, 2021" which essentially gives power to Central Government to prohibit strike, lock-out and layoffs in "Essential Defence Services". The stated object of the bill is the maintenance of essential defence services for the security of the nation and the life and property of the public at large and matter connected thereto. At first glance, the bill, demonstrates the intention of the government to ensure continuous ...
Maratha Quota & Co-operative Societies Cases : Divergent Views Of Supreme Court On Need For Ratification Of 97th & 102nd Constitutional Amendments
This year witnessed two Supreme Court judgments which dealt with the challenge against two Constitutional amendments, viz 97th and 102nd.In Maratha Quota case [Dr. Jaishri Laxmanrao Patil Vs. The Chief Minister], the constitutional validity of Constitution (102nd Amendment) Act, 2018 was challenged. The validity of Constitution (97th Amendment) Act, 2011, was under challenge in Union of India vs. Rajendra N. Shah. In the former case, the court upheld the Constitutional validity of 102nd...
The Larger Issue Of Copyright Claims In Film Industry
Recently the case Sun TV v Amazon (2021) (O.A. No.110 of 2021) came up for hearing before the Madras High Court. The facts of the case were, Amazon had exhibited 28 movies in its OTT platform and Sun TV filed a suit claiming that they were the absolute copyright owners of the said movies alleging that Amazon had infringed their rights by exhibiting the movies in its platform, hence praying for permanent injunction against the defendant restraining them from in any manner telecasting or...