Articles
Why Jharkhand HC's Bail On Conditions Of Donation To PM CARES Fund & Downloading Aarogya Setu Is Problematic?
On 16.04.2020 the High Court of Jharkhand allowed a criminal revision forsuspension of sentence. The sentence in this case was S.I. for a period of 1 year each for the offence under Section 174 (a) Railways Act. The Operative part of the judgment reads as under: "14.Pending hearing of this case, the sentence of the petitioners is hereby suspended and the petitioners are directed to...
'What We Talk About When We Talk About Rape' : Countering Rape Stereotypes
"These (rape) are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow it to be extinguished. When a human frame is defiled, the "purest treasure", is lost. .....There cannot be a compromise...
Dealing With Conflict At Home During Lockdown
The lockdown due to the corona virus is a mixed blessing. For many of us who could not spend enough time with our families, it is an opportunity to reconnect with our spouses and children. It has been like a prolonged vacation. But vacations mean sight-seeing, exotic lunches and dinners and multiple activities. You are not locked up indoors 24/7. After all, how much can you talk to...
A Welcome Move Amid Pandemic : Relaxation Of Conditions For Release From Detention Centres
Showing remarkable compassion, a bench comprising of the Chief Justice of India S.A. Bobde and Justices L.N. Rao and M Shantanagoudar of the Supreme Court of India passed an orderon 13th April, 2020 on a plea by Justice and Liberty Initiative, Assam, inter alia, directing release of such detenus who, having been declared as 'Foreigners' under the Foreigner's Act, 1946, have already...
Is Article 14 Dead During Corona War?
Can there be class bias and discrimination in dealing with lockdown issues. Can there be class bias and discrimination in dealing with lockdown issues?The Government of UP is sending a fleet of busses to fetch over 9000 students belonging to Uttar Pradesh, who are stranded in Kota Rajasthan. They had gone there for coaching. Rajasthan 's Chief Minister wants other States to take back...
Hounding Of 'The Wire' : Is This The Crucifixion Of Free Press And Democracy?
"The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government". Hugo Black J. and William O Douglas J, majority opinion in New York Times Co. v. United States June 30, 1971Implicit in the actions the establishment uses to muzzle the press, is the silent and...
Past Epidemics: How Have Courts Dealt With Them And What Should We Expect With COVID-19?
Force Majeure or an 'Act of God' is typically a contractual construct included by parties as an exception to breach of contract. Several jurisdictions, such as India, do not have a specific statute or a provision under their civil laws dealing with Force Majeure. Parties are bound by the contractually agreed implications. In the absence of a Force Majeure clause in the contract, an...
Remembering Ashok Desai And His Service To The LGBTQI Community
In 2006, the LGBTI community got news that Naz Foundation's challenge to the constitutionality of section 377 was likely to be heard by the Delhi High Court sometime soon.When Naz Foundation's petition (Naz Foundation v Union of India And Others, WP(C) 7455 of 2001) had been filed in December 2001 by Lawyers' Collective's team led by Snr. Adv. Anand Grover, there were few who believed that...
How To Crack The Advocate On Record Examination
The Advocate on Record Examination conducted by the Supreme Court of India has earned the reputation of being notoriously hard to crack. Though having already been put through the mill, I am here to attempt to demystify the shroud of uncertainty that deters many aspirants from taking the examination. The primary source of encouragement for writing the present article has been the...
The Virtual Court Must Be Live Streamed Not Video Conferenced
The 20th century was one of idealism, where the world questioned political and economic authoritarianism and people fought and died to universalize the principle of equality, fraternity and democracy. These principles have built a fairer world and held power to account reducing arbitrariness and improving efficiency. It is surprising then, that the 21st century has unfortunately been one...
Impact Of Lockdown Due To COVID-19 On Mandatory Timelines Prescribed Under The Arbitration & Conciliation Act, 1996
The number of cases of COVID-19 has rapidly increased throughout the world, leading to a world-wide crisis. This is not only a health crisis but also has impacted the financial conditions of many countries which are affected by this pandemic. Even in the countries where the reported number of cases infected by the virus is comparatively low, the risk of a financial collapse of the country...