Articles
Black, White and Red – The Curious Case Of Court Complexes And Washroom Equity For Women in India
Recently, the Minister for Higher Education and Social Justice in the State of Kerala, Dr. R. Bindu, had declared that necessary steps would be taken in order to implement menstrual leave in all universities in the State, having regard to “the mental and physical difficulties faced by female students during menstruation”. When a PIL in this regard had been filed by...
International Women’s Day: Recent Important Supreme Court Judgments On Women’s Rights
“Honesty, pride and self-esteem are crucial to the personal freedom of a woman. Social progress depends on the progress of everyone. Following words of the father of our nation must be noted at all times: To call woman the weaker sex is a libel; it is man's injustice to woman. If by strength is meant moral power, then woman is immeasurably man's superior. Has she not greater intuition, is...
Spotlight On Recent Appointments To Supreme Court - Justice Ahsannuddin Amanullah
A general criticism of the Indian Courts has been that very little is known to the public about the judges being recommended by respective Collegium before their appointment, on merit and suitability. A designated Secretariat ideally should do the job, unfortunately we don’t have such a mechanism. Livelaw has taken an initiative to share relevant information about the appointees and we...
Why The Workplace Sexual Harassment Law In India Is Focused On Women?
At outset, I would like to clarify the nowhere the article is in denial of the fact that individuals not assigned female sex at birth and those who do not identify themselves as women are not victims of workplace sexual harassment. Also, it is important to recognise that complaints from them need to be acknowledged and redressed through mechanisms within organisations. However, the article is...
“Section 27” Of The Evidence Act And The Verdict In “Pulukuri Kottaya” Continue To Elude The Comprehension Of Many Judges At All Levels
A “confession” made to a “police officer”, by a person (presently or subsequently) accused of an offence cannot be proved against him and is, therefore, inadmissible in evidence before a Court of law in view of Section 25 of the Indian Evidence Act, 1872 (“Evidence Act” for short). Similarly, a confession by a person (presently or subsequently) accused of an offence and made...
Spotlight On Recent Appointments To Supreme Court: Justice PV Sanjay Kumar
A general criticism of the Indian Courts has been that very little is known to the public about the judges being recommended by respective Collegium before their appointment, on merit and suitability. A designated Secretariat ideally should do the job, unfortunately we don’t have such a mechanism. Livelaw has taken an initiative to share relevant information about the appointees and we...
Supreme Court Judgement In Balram Singh vs. Kelo Devi - A Critique
Whether the legal proposition laid down by the Supreme Court in Balram Singh vs. Kelo Devi [2022 LiveLaw (SC) 800] prescribing a blanket bar in passing a decree for specific performance of a contract based on an unregistered document/ agreement to sell immovable property is a dictum applicable pan India? This question has been raised by many in the legal fraternity.In Balram Singh, a...
Restrictive Interpretation To Section 438 Of The Code Of Criminal Procedure
The High Court of Allahabad has held that (Rajesh Kumar Sharma Vs. C.B.I.)[1] the application for anticipatory bail (Sec 438 CrPc) shall not be maintainable if the person is already arrested and is in custody in relation to a different case. For arriving at the conclusion, the court has wrongly relied upon the judgments of the Rajasthan High Court in Sunil Kallani vs State of...
Exclusionary Conduct Of Competition Law In India And The Jurisprudence Behind It
Anti-trust laws are essentially the Magna Carta of free enterprise. In principle, the aim of anti-trust laws is to protect the integrity and core of free market in an economy by protecting dissipation of monopolistic power in the hands of dominant individual enterprises and protecting consumer interests in the process. However, dwelling into the jurisprudential context of why and how...
Is Artificial Intelligence The Next Big Thing In The Field Of Law?
It’s nothing but a paradox. We often talk about the Justice system as an antidote to human failures - the duty of the state to punish perpetrators of crime who often give in to intense passions of jealousy, deceit and misdemeanour. But what if this very system of justice is unable to maintain fairness and reeks of another human failing – biasness? What if the system, to begin with,...
Need To Stop Hate Speech On TV News Channels
How many times have you taken off anchors? Have you dealt with anchors in the way you send a message?” These questions were asked by the Supreme Court (SC) from News Broadcasting Standards Authority (NBSA) while hearing a batch of cases involving allegations of hate speech. This evidently shows the anxiety of the SC on absence of any institutional mechanism to regulate the TV...
10 Important Data Protection Practices To Keep In Mind For A Startup In India
Recent years have seen a digital boom worldwide resulting in the explosion of digital data collection and distribution. This issue has raised the important question of how to deal with this huge amount of data being collected by the companies all over the world. Various countries have formulated laws in order to deal with the issues of data privacy and data protection. India has come...