Articles
Relevancy Of Constituent Assembly Debates For Interpretation Of The Constitution
Constituent Assembly debates are frequently cited before courts to canvas a particular interpretation of the Constitution. The Supreme Court has referred to the Constituent Assembly debates in important constitutional cases such as A K Gopalan vs. State of Madras, Golak Nath vs. State of Punjab and Kesavananda Bharati vs. State of Kerala. This article advocates a nuanced approach to...
Sale Of Mentally Ill Person’s Property
A person competent to transfer immovable property means an adult (who has attained the age of majority) having sound mind. An adult in comatose state or having mental illness or Autism, Cerebral Palsy or any other disability, is not capable of taking legal decision and hence cannot enter into contracts including sale deed for sale of immovable property held by him. In India, we...
Discussing The Discrepancies And Errors In The Bharatiya Sakshya Bill, 2023
Union Home Minister on August 11, 2023 introduced three bills namely Bharatiya Sakshya Bill, Bharatiya Nyaya Sanhita Bill and Bharatiya Nagarik Suraksha Sanhita Bill, with the aim to overhaul the criminal laws of the country and abolish Indian Evidence Act, 1872, Indian Penal Code 1860 and Code of Criminal Procedure 1973. The bills are referred to parliamentary standing committee...
Preventing Multiplicity And Streamlining Processes For Disability Certification
A Division Bench of the Delhi High Court, in a recent order, upheld a circular of the Indian Railways for issuing separate identity cards for persons with disabilities (“PwDs”) for the purpose of availing concessions such as discounted tickets and reserved seats (previously reported by Live Law here). While the issuance of such separate identity cards may be instrumental in...
Money Laundering : A Process Or A Punishment
Money laundering is something as engaging “proceeds of crime” in any matter projecting as untainted money. It's pandemonium; concealing a transaction a sham transaction to put together a legitimate coffer. The act catches money laundering. Thus, money laundering is “parasitic” and hence cannot arise if there is no scheduled offense and/or if there are no proceeds of crime. He...
Reshaping The Canvas: The Thaler Echo
In a recent legal development, the United States District Court for the District of Columbia adjudicated upon a pressing question at the crossroads of Artificial Intelligence (“AI”) innovation and Copyright Law. The case, Stephen Thaler v. Shira Perlmutter, Register of Copyrights and Director of the United States Copyright Office, et al.[1] (“Thaler”), has gained...
Bhartiya Nagrik Suraksha Sanhita: Worse Than The British
While tabling The Bhartiya Nagrik Suraksha Sanhita, 2023 as a replacement for the Code of Criminal Procedure, 1973, the Home Minister announced that the new law governing procedure in the criminal justice system would get rid of a backward colonial legacy and bring an Indianised law more appropriate for modern India. Even a casual comparison of the old and the new however would show...
With Several Delhi Riots Cases Collapsing In Courts, Delhi Police Must Face Questions On Accountability
"When history will look back at the worst communal riots since partition in Delhi, it is the failure of investigating agency to conduct proper investigation by using latest scientific methods, will surely torment the sentinels of democracy," a Delhi Court observed in September 2021.Three years on, courts in the national capital have continuously passed strictures against the Delhi...
LGBTQIA+ Rights In India: Struggles, Progress, And The Road Ahead
Article 15 of the Indian Constitution stands as a beacon of hope, vowing equality and protection against discrimination on diverse grounds, including sex. Unfortunately, the LGBTQIA community in India has grappled with substantial hurdles in rephrasing this indigenous pledge into reality. This article embarks on a journey through time, exhuming the literal acknowledgment of...
A Bright Student Of HNLU Raipur Is No More
Trigger Warning – Mentions of suicide, self-harm, depression.A final year female student of HNLU, Raipur, who hails from Bihar, was found in an unconscious state in the hostel washroom by her friends on 24th August 2023 noon. She was taken to the nearby hospital immediately but was declared brought dead. The University authorities have suspended all classes till 3rd of September and...
13 Years On, Central Information Commission Is Held Together Only By An ‘Interim’ Order
The Central Information Commission (CIC) is the apex body at the central level to ensure proper implementation of the Right to Information Act, 2005. The Delhi High Court had ruled in 2010 that its method of functioning is illegal and needs to be changed. This was stayed by the Supreme Court, and CIC’s current functioning is hanging just by this ‘interim’, unreasoned order, even...