Articles
Enforcing A Law That Wasn't: The Consumer Protection Act, 2019
As many lawyers would testify, strange things can happen when facts meet law, the post pandemic world seems to be the world of even "stranger things". This incident shows that the world was not any less strange even before the pandemic, it also shows that law does not necessarily need facts to create peculiar, unusual situations; subjective interpretations regarding the operation of the...
The Ever Looming Darkness Of Law Of Sedition
An honest omission was ratified, albeit, realized after a decade. With the enactment of the Indian Penal Code Amendment Act, 1870, the law of sedition took birth and in came, the darkest days for the most cherished right- the right to express. The dystopian society, with the kind blessings of the 'government' in power back then, was burdened with a draconian law, which unfortunately...
The Relevance Of 'Relevant Market' In Digital Market Under Competition Law In India
The Indian Market paradigm has undergone a sea change over the past decade. The digital market has had a profound impact on competition laws and has witnessed a metamorphosis. Digitalization has led to a new trends and development in the commercial practice and has caused a redeployment of competitive forces. This reprisal of market power has lead proactive steps in the...
Muslim Women (Protection Of Rights On Marriage) Act 2019- Untested Questioning Protection Of Whom?
Recently Union Minority Affairs Minister, Mukhtar Abbas Naqvi made headlines by announcing August 1st to be celebrated as Muslim Women Rights Day on account of the anniversary of the enactment of the Muslim Women (Protection of Rights on Marriage) Act 2019, where pronouncement of Triple Talaq by Muslim husband has been penalized. Interestingly criminalization of Talaq-al biddah...
Time To Derecognize 'Scandalising The Court' As A Form Of Contempt
"Committals for contempt by scandalising the court itself have become obsolete in this country. Courts are satisfied to leave to public opinion attacks or comments derogatory or scandalous to them." This observation by Lord Morris in a judgment he delivered in 1899, is more relevant today given the development that journalist-writer-lawyer trio has approached the Apex Court...
Safoora Zargar Got Bail; But Questions On Legality Of Her Custody Remain
The topic of bail to Safoora may seem irrelevant now that she has been released. But I wish to discuss it knowing that countless Safooras, in both genders, continue to face similar fates and it is important that we know how the State behaves in situations which demand fairness in procedure and how Judges are immune to understanding the basics of Law. I feel a certain amount...
Legal Frame Work Relating To Migrant Workers Needs To Be Reconfigured In India
Labour is the fruit of civilization, not the basis of it- Alexander Crummell. Labour class is the backbone of the national economy. Indian Labour class is always in discussion since pre independent era where they faced crucial issues with the capital class and as a result of various movements and recommendations laid down by the Royal Commission on Labour; various Labour law...
Consumer Protection (E-commerce) Rules 2020: A Step In The Right Direction?
The e-commerce industry was already booming but the pandemic has impacted its growth significantly. E-commerce portals like Amazon, Flipkart, Big Basket, Nykaa etc. have flourished as maximum use has been made by the consumers to fulfil their insatiable appetite from the comfort of their homes. [i] It is the easy access to the internet and smartphones which facilities the use of...
Need For Advertising Laws In India: 'The Best Product In Market'?
With the COVID-19 creating havoc in the whole world, a claim by an Indian company of finding its cure has caught everyone's attention. Patanjali Ayurved Limited, an Indian consumer company founded by yoga guru Ramdev, recently claimed to have found a 'cure' for the disease. It is claimed that the medicine called 'Coronil' has proved to be 100 percent effective during clinical trials...
The Interplay Between Muslim Women (Protection of Rights on Divorce Act), Section 125 CrPC and Family Courts Act
The Supreme Court in the Shah Bano case, inter alia held that the statutory right granted under the general law of the land i.e. Section 125 of the CrPC is applicable to all persons, irrespective of personal laws. The judgment resulted in outcry by certain fundamentalist sections of the Muslim community, which forced the then Rajiv Gandhi led government to enact the...
Privacy And Puttaswamy For The People's Palate: Part 1 of 3
3 years ago, those fighting against governmental overreach and excessive interference in what was perceived to be individual autonomy received a shot in the arm in the form of the landmark and pathbreaking judgment in Justice(retd.) KS Puttaswamy v. Union of India("Puttaswamy"). The impact of this judgment was felt when people all across the country celebrated the partial striking down...