Articles
Courtroom Hearings – Part Of The 'Basic Structure' ?
A moniker most precious to our hearts, is the coveted 'Basic Structure', which was coined during the hearings of India's most celebrated decisions of Kesavananda Bharti; it was done so, not on 13 laptops but on a single bench with 13 seats in a single courtroom, and arguments not advanced from Ipads but by doyens of the profession over 2 podiums, spread few feet apart and from the...
Marital Rape- Has The Law In India Made Sufficient Progress?
The issue of marital rape has perplexed the law makers and the society alike, since time immemorial, across the world. Marital rape was eventually criminalized in most of the countries as they realized that sexual intercourse within a marriage cannot be regarded as a right of a spouse. As per a Report published by India Today Web Desk on 12.03.2016, India is one of the 36 countries...
POSH Act 2013 : Are There Legislative Gaps Which Need To Be Bridged?
This write up is written in response to the article published here namely Sexual Harassment At The Workplace – Bridging The Legislative Gap For A Better Tomorrow by Riddhika Girimala Shetty and Pranshu Bhutra on 16 Jun 2020, 1) Currently, the Act is only restricted to complaints of sexual harassment of an aggrieved woman. There is no dedicated legislative mechanism available for...
"Undecided Claims" And The Fresh Slate Doctrine Under The Insolvency & Bankruptcy Code, 2016
As ArcelorMittal's payments trickle into the bank accounts of the Creditors of Essar Steel India Limited, a proof of concept emerges for the wonders of the Insolvency Bankruptcy Code for the financial health of the economy at large.[1] As one of the first 12 companies put through the Corporate Insolvency Resolution Process[2] ("CIRP"), Essar Steel represents an arduous success story;...
Joint Ventures Flow Into Unchartered Waters Amidst Covid-19
IntroductionAlthough economies across the world are endeavouring to resurrect, businesses especially those operating as joint ventures (JVs) across the spectrum stand at a crucial juncture. With an unprecedented disruption of supply chains, liquidity challenges, employment and commercial contract issues, JVs are now required to swiftly adapt, comprehend and manage unanticipated risks...
Can We Really Police Our Police?
The global protests against death of George Floyd in America has not taken many people by surprise. It only validated a worldwide phenomenon of 'police brutality' especially states with a history of colonial conquest. Instances similar to George Floyd are also very familiar to us in India. Yet the reactions are vastly different here; malicious police violence is not enough to get us out...
An Issue Of Jurisdiction Of The Family Court Under Muslim Women (Protection Of Rights On Divorce) Act,1986 : In Reference To The Decision In Rana Nahid v. Sahisul Haq Chisti
The Supreme Court of India has recently announced its split verdict on the issue of jurisdiction of the family courts in matters of maintenance filed under Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as "MW Act").[1] The split verdict may be considered a classic example of the opposing theories of interpretations, textualism and purposivism,...
Software Patenting In India
Section 3(k) of the Patents Act, 1970 states that a mathematical or business method or a computer program per se or algorithms are not patentable subject-matters in India. On a basic perusal of the provision, one can observe that the provision is broadly worded, evoking ambiguities as to what actually constitutes the part of non-patentable subject-matters under its ambit. This vagueness...
An Unconstitutional Demand For President's Rule In The Name Of Covid 19
As India's Covid 19 cases continue to see exponential rise in certain States, opinions have been expressed by the members of the ruling dispensation at the Centre that President's Rule should be imposed in States which have not been able to contain the pandemic. These votaries of imposition of President's Rule argue that the Centre cannot be a mute spectator when there is a failure...
Police Brutality: A Case For Urgent Intervention By The Constitutional Courts
Police brutality manifests itself both on and off the street – in the form of lathi charges, provocative firing on citizens, public shaming and beating, fake encounters, custodial torture happening in police station and other penitentiaries. The Third Report of the National Police Commission noted that nearly 60 % of arrests in India were either unnecessary or unjustified. This...
Draft EIA Notification 2020 : Areas Of Concern
In our modern world of individualized aspirations and scientific expertise, there are seldom any points of affiliation, except, perhaps our collective drive to swell development. We often tend to forget that the environment is one inevitable commonality that we all share. And in altering our perceptions towards the environment, we are probably compelling irretrievable consequences....