Articles
Mediation – Making A Headway In Jammu & Kashmir
"An ounce of mediation is worth a pound of arbitration and a ton of litigation" - Joseph Grynbaum Negotiation, in its various forms, has existed before recorded history. Lawyers, business people, and others have used negotiation to resolve disputes. Good negotiation skills can help resolve most types of disputes and with training, anyone can become a more effective negotiator in a...
'Sanctity Of The Constitution Lies Essentially In Its Affirmation Of Secularity': Begum Aizaz Rasul, The Sole Muslim Woman In Constituent Assembly
('Women In Constituent Assembly' series will discuss the role played by women in the Constituent Assembly of India. This is the fourth article of the series)"The most outstanding feature of the Constitution is the fact that India is to be a purely secular State. The sanctity of the Constitution lies essentially in its affirmation of secularity and we are proud of it. I have full faith...
73 Years Of Indian Independence: An Appraisal Of Freedom In India
As a country are we headed in the direction as aspired for by our freedom fighters? The multiple strands of Indian Freedom Struggle were premised upon a singularly ambitious ideal comprising national unity and integrity, and a democratic and equitable society. The 'said society' was to be achieved through a social-economic and political revolution pursued with a democratic spirit...
74th Independence Day : Remembering India's Pledge
India is my country and all Indians are my brothers and sisters I love my country, and I am proud of its rich and varied heritage. I shall always strive to be worthy of it. I shall give respect to my parents, teachers, and all the elders, and treat everyone with courtesy. To my country and my people, I pledge my devotion. In their well being and prosperity alone,...
Independence Day Special: The Legal Road To Indian Independence
On August 15, 1947 India attained its independence from Britain. However, such independence came with some riders – Indian and Pakistan continued to be dominions of Britain, i.e., autonomous but technically still within the British Commonwealth. Both countries' dominion status was by virtue of the Indian Independence Act, 1947 (Independence Act) – which, despite being a...
Independence Day : What Does Freedom Mean When Institutions Carry Colonial Baggage?
'The Constitution sought to bring in an attitudinal shift in the approach of the institutions even while retaining their colonial structure, by redefining the nature of the relationship between the individual and the State'.
Pulling The Right To Fatherhood Out Of Oblivion: An Overview Of Paternity Leave In India
The traditional notions which have been characterising the dynamics of a family do not avail much support in the 21st century. Heavy intervention of work-related responsibilities in familial dimension has mandated transformation in the way we perceive the needs of a family in the contemporary world. Ages have gone by with women being considered as the primary caretakers of...
Section 112 IEA, And The DNA Test: Dissecting The Law
Section 112 of Indian Evidence Act, 1872 (hereinafter 'the Act'), which provides for legitimacy of the child born out of a valid marriage, has been the centre of debate for the last several years. Section 112 of the Act which is based on the legal maxim "Pater est quem muptice demonstrat" which means "he is the father whom the marriage indicates" faces challenges from development of...
Reproductive Human Rights In Light Of The Recent Judgment On Child Rape Victims
Reproductive rights is the one of the most talked about, yet ignored aspect of human rights in India. Reproductive rights with respect to abortion is still a grey area with respect to human rights and fundamental rights. They bring with it a lot of stigma and apprehensions regarding sexual health. Laws like Medical Termination of Pregnancy Act prioritise the consent of a woman for...
Technological Glitches At Trial Courts Plaguing Virtual Hearings
A man disturbed by the prolonged delay in his divorce proceedings due to the suspended functioning of the family courts, approached the Delhi High Court seeking relief. 'Family Courts must be directed to record evidence through video-conferencing', he argued. Just a couple of hearings later, the Division Bench of the court realised that there is a larger issue concerning the...
Victim Compensation For Wrongful Prosecution/Conviction-Indian Judiciary Yet To Evolve
Humans of Bombay (a popular photoblog) recently raised ₹23 lakhs for Ali Mohammad Bhat, a carpet weaver from Kashmir who had been wrongfully imprisoned by the Indian state for 23 years on trumped-up charges of terrorism. This was related to the twin bomb blasts in Lajpat Nagar, New Delhi and Samleti, Rajasthan on two consecutive days in 1996. Ali is neither the first nor the last,...
Privacy And Puttaswamy For The People's Palate: Part 2 Of 3
The first part broke down opinions of Chelameswar J. and Sapre J. wherein the former examined the existence of the right to privacy within the contours of the Constitution, limiting the discussion to the existence of the same and the latter examined the foundation of the right on the basis of the Preamble and certain elements of Part III. In the second part of this series, I will...