Articles
"Informed Clients"- A New Challenge To Legal Professionals
Traditionally we have always been told that the relationship of a client with a doctor or a lawyer is based on "Trust and Confidence". That is why even law gives those relationships a privileged status. I personally feel that excess availability of information and data at the touch of a screen poses a challenge to this "trust and confidence" and is off-late, giving rise to new challenges to professionals in handling their clients. I felt that there is an urgent need to understand this new...
Mid-Day Meal Or Myth?
The concept of mid-day meal was first brought forward by the state of Tamil Nadu, which, at present is doing their best to regulate the mechanism accordingly. Despite of having a National Legislation on Food Security and rules of Mid-day meal, most of the States have failed to provide the children with even minimum distribution of food. Ironically, Section 2(c) defines the term 'food' as 'hot cooked meal' but reality is contrary, because forget cooked, there are reports which reflect that...
Law on Reels: 'The Advocate' - On Culture of impunity, Role of Law and Life of KG Kannabiran
KG Kannabiran, a name whose legacy continues to inspire both human rights lawyers and activists across generations, spent more than four decades of his life questioning the culture of state impunity and defending the undefended. A lawyer in the Andhra Pradesh High Court and the Supreme Court, Kannabiran fought cases of custodial deaths, rapes and state violence against the most marginalized groups of our society. The documentary film 'The Advocate' directed by noted film-maker Deepa...
It Can be Done: A Book on Making the Legal Ecosystem More Accessible to the Disabled: Read Excerpts.
"For many of us, what drew us to the law as our chosen career path was its ability to remedy injustice, to help make our society more equal. And yet, despite professing these high ideals, we must always ask: How far does our profession in fact actually practice them?While a number of barriers that lawyers with disabilities face can only be addressed through large-scale interventions, many such barriers are attitudinal - stemming from nothing more than a fundamental lack of...
Supreme Court Orders In Matters Related To COVID-19
The Supreme Court of India has passed many judgments and orders in the matters related to COVID-19, in the year 2020. In this write-up, the important pronouncements are briefly discussed. In Re: Contagion of COVID-19 Virus in Prisons, Suo Moto Writ Petition (C) No.1/2020 (Dated 23/03/2020). CONSTITUTION OF HIGH-POWERED COMMITTEE IN EACH STATE/UNION TERRITORY FOR RELEASE OF PRISONERS ON PAROLE OR INTERIM BAIL. A Bench comprising the Chief Justice SA Bobde, Justices L. Nageswara Rao...
Can A Twitter Account Of The Government Be Considered A 'Public Authority' Under The RTI Act?
For information like money spent on advertisements, accounts blocked, audience targeted, and other stats, can the Twitter handle of let's say the Prime Minister - which is not independent of his prime ministry - be considered a 'body' under the definition of 'public authority' in the RTI Act? It is not Twitter, the platform, which is mooted to be under RTI scrutiny but an account of the Government on Twitter. Government accounts, such as that of the Prime Minister, are utilized for...
Criminal Law and Human Rights: 'Distinctive Discrimination' and Article 21 Rights to Fair Trial
[This lecture was delivered on 14 December 2020 as part of the KG Kannabiran Lectures on Law, Justice and Human Rights – organised by the family of KG Kannabiran (1929-2010) to celebrate his life, his work and its futures] Abstract: Advocate BB Mohan discusses his work with KG Kannabiran in the TADA STF cases, the Coimbatore Serial Blasts case, the Nallakaman case and the experience of understanding the intricacies of criminal conspiracy through conducting trials in cases that...
The Story Of Rajindar Sachar Becoming A Judge
Rajindar Sachar, who was born on this day in 1923, retired as the Chief Justice of the Delhi High Court on this day in 1985. Widely known for his seminal report titled the "Social, Economic and Educational Status of the Muslim Community of India (better known as the Sachar Committee Report : 2006) and commitment for human rights and civil liberties, he also served as a judge of the Rajasthan High Court and the acting chief justice of the Sikkim High court. Unlike his tenure at the latter,...
Insolvency Law In Review – November 2020
The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. The purpose of this column is to fill this gap by providing brief summaries of latest decisions, from the various fora dealing with...
Remembering The Pioneer Of Judicial Activism Justice P.N. Bhagwati On His Birth Anniversary
Bowed by the weight of centuries he leans Upon his hoe and gazes on the ground, The emptiness of ages on his face, And on his back the burden of the worldThe Man with the Hoe by Edwin Markham Today marks the 99th birth anniversary of an eminent judge, humanist, visionary and a legendary judge, Justice P.N. Bhagwati. Born on 21st December, 1921 in Gujarat, Justice Bhagwati pursued his graduation in Mathematics from Elphinstone College, Mumbai followed by graduation in Law...
Deriving The Meaning Of 'Wage': A Comparative Analysis Of The Payment Of Wages Act, 1936 And The Code On Wages, 2019
A long-standing industry demand was the rationalisation and codification of labour laws. While the industry demands simplification and minimum compliance, the labour unions on the other side paint a grim picture about the lack of compliances of even existing labour laws. There were many attempts to revise the labour laws. The Union Government appointed the Second National Commission on Labour Laws, which submitted its report in June 2002. The Commission proposed that the existing set...