Articles
Abortion And The Law In India
On 22nd May 2020, out of barely 30 cases enlisted on the daily board of Bombay High Court, 4 cases were for medical termination of pregnancy. One such case was of a 13-year old minor girl who was 22-weeks pregnant. The petition was filed through the girl's mother, a pavement dweller living in Thane. The girl in the case is a survivor of heinous rape alleged to have been committed by...
The Payment Of Wages Order: An Analysis
On March 29th 2020, the Home Secretary – acting in his capacity as the Chairperson of the National Executive Committee under the Disaster Management Act – issued an order requiring, inter alia, that "all the employers, be it in the Industry or in the shops and commercial establishments, shall make payment of wages of their workers, at their work places, on the due date, without any...
Are Lawmakers Justified In Amending Section 45 Of Prevention Of Money Laundering Act, 2002?
The Prevention of Money Laundering Act is synonymous with white collar crimes. Money laundering poses a threat not only to the financial system of the nation, but also to its integrity and sovereignty. To curb this menace, the Prevention of Money Laundering Act, 2002 was enacted. The Act envisioned tackling the transgression of money laundering by punishing offenders and attaching...
Unique Practices In Criminal Law
Introduction: - We have been slaved by British Government and various laws which have been formulated before the Independence. During 1860 when the Indian Penal Code was codified and the substantive laws of criminal nature paved its way through the system, there was a need for one separate law which could explain about the procedure related to criminal matter. Therefore, in 1973, the...
Covid 19 And "Jus Cogens" Norms- A Few Clarification On The Legal Fundamentals
On 3 June 2020, Live Law Carried an article titled "COVID-19 and Jus Cogens Norm Implication on China" ("3 June Article"). Regrettably, the piece contained a number of fundamental conceptual errors of international law. To be clear, my attempt in this piece is not to argue that any State has, or has not, breached international law in relation to the current pandemic. While the 3...
Safoora Zargar Bail Order Doesn't Satisfy Criteria For Prima Facie Case Under Section 43D(5) Of UAPA
The order passed by Additional Sessions Judge, Patiala House Courts, Delhi on June 4 to deny bail to student activist Safoora Zargar is unsatisfactory on many counts, when subjected to legal scrutiny. 27 year old Safoora has been booked under Section 147/148/149/120-B Indian Penal Code read with 302/307/124-A/153-A/186/253/395/427/435/436/454/109/114 Indian Penal Code along with...
A To Z Of The Insolvency And Bankruptcy Code: A Beginner's Guide (Part II)
In the previous part (click here), we gave you a general background to the Insolvency and Bankruptcy Code, 2016 (IBC) and tried unpacking some specific concepts crucial to its functioning. We introduced you to the central actors of the IBC regime: Adjudicating Authority (AA), Committee of Creditors (CoC) and financial creditors, including the latest addition to the...
Proposed Auditor Regulation Reforms In India: An Analysis
An important proposal for auditor reforms in India has been mooted by the Ministry of Corporate Affairs (MCA). The MCA has released a consultation paper in February 2020 highlighting the proposed changes in the audit practices. The consultation paper largely aims at revamping the practice of simultaneously carrying on audit and non-audit business by the large firms. The need to regulate...
Indian Admiralty Law Made As Easy As ABC
This catchy title is given only to encourage and motivate the Students and legal practitioners new to this field not to get bewildered by the subject. In many ways, the concept of Admiralty law is more or less similar to the law relating to properties on land and only the terminologies used in Admiralty law are different. Any person having a basic knowledge of laws related...
Breach Of Promise To Marry: Rape?
Rape laws and the standard of consent followed therein concern significant issues of transnational importance that have only gained more currency in the post #Metoo era. Many feminists have pointed out that the carceral impulse of developments in this era do little to change societal structures or even further victim justice. I interrogate India's jurisprudence on the breach of promise...
Pandemic (Covid 19) And Nationwide Lockdown Severely Damages Legal Professionals
The whole world is facing chaos and mass destruction caused by pandemic COVID 19. The pandemic has brought the world economy down, in a deep financial crisis, which was leading the world wide working systems, services, professions and business. The legal profession is one of the significant pillars of the whole society and it is a matter of big sorrow that the nationwide lockdown...