Articles
Death Penalty : Legislative And Judicial Chronology From Bachan Singh Vs. State Of Punjab (1980) To Manoj Singh Vs. State Of M.P(2022)
Death Penalty, one of the punishments that can be awarded to an accused in India- has always been subject to diverse views, criticism and repeated evaluations of being effective or ineffective in retribution or being a necessary action in few cases. Another attention drawn on this subject, has been the subjectivity and discretion involved in awarding it as punishment by the courts...
Remission Granted To Convicts In Bilkis Bano Case: Is It Legal?
While the country was celebrating its 76th Independence Day on August 15, 2022, the Gujarat government, in a decision which is now criticised by media across the globe as a "tragic reflection of India's halting progress in addressing violence against women", released 11 convicts who had been sentenced to life imprisonment in the Bilkis Bano gang rape and murder case. The convicts were...
"Sexually Provocative Dress" Remark In Bail Order: A Case Of Judicial Stereotyping
A Sessions Court of Kerala recently received a lot of flak for its order granting anticipatory bail to author and social activist Civic Chandran in a sexual harassment case. Media across the globe reported on the order which drew criticism, not because of the grant of bail alone, rather, because of the reasoning provided for the grant of such bail. The reasoning thus provided for granting bail...
Water, A Commodity Vs Human Rights
Water is the basic need of life and the United Nations ("UN") has recognized this need as a basic human right. The UN World Water Report of 2006 notes that "there is enough water for everyone" and "water insufficiency is often due to mismanagement, corruption, lack of appropriate institutions, bureaucratic inertia and a shortage of investment in both human capacity and...
Explainer: What Are PUFE Transactions Under The IBC, 2016?
The Insolvency and Bankruptcy Code, 2016, reckoned to be a landmark legislation is a significant departure from previous insolvency regimes with the loss of defaulter's paradise and resurrection of economy's rightful position. However, certain challenges have come to the fore in the wake of vulnerable transactions entered into by the corporate debtor (CD) during the timeline of...
Har Ghar Thiranga - How Supreme Court Recognized Citizen's Right To Fly The National Flag
The Indian national flag, with the tricolours of saffron, white and green, and with Asoka Chakra at its centre, embodies national unity. Laws and regulations, namely, the Prevention of Insults to National Honour Act, 1971 and the Flag Code of India, 2002 were framed to govern the dignified representation of the Indian flag. The citizens' duty to respect the ideals of the National Flag was...
'National': In Letter And Spirit
Prof. (Dr.) Faizan Mustafa was serving as the Vice-Chancellor at NALSAR University of Law, Hyderabad since April 2012. Since he has completed two terms in office, he was recently directed to re-join his parent institution, namely the Aligarh Muslim University (AMU) on August 1, 2022. As a result of this, Prof. (Dr.) V. Balakista Reddy, the Registrar, has been given charge as the...
Addressing Climate Change: Policy Interventions And Sustainable Financing In India
According to the Global Risks Report, 2022 published by the World Economic Forum, climate action failure is amongst the top three most severe environmental risks and amongst the five most critical long-term threats to the world as well as the most potentially damaging to people and planet over a 10-year horizon. A 2021 assessment report by the Intergovernmental Panel on Climate Change...
The Supreme Court As A Partisan Political Construct
When Chief Justice William Rehnquist, the longest serving Chief Justice of the US Supreme Court, died, Alan Dershowitz, the noted civil liberties lawyer wrote a most unusual obituary: "Chief Justice William Rehnquist set back liberty, equality, and human rights perhaps more than any American judge of this generation. His rise to power speaks volumes about the current state of...
Appointment Of Chief Justice Of India-From Fiction to Fact
 In R,R. Martin's 'A Game of thrones', you travel in the realm of fantasy - there's a civil war, and the characters you like don't always do the right thing and don't always win. It has court intrigues. The expression has always meant the Royal Court intrigues. It is, at its heart a struggle for power- either to gain more, or to maintain it, or to take it away from others. I meant...
Keeping In Black & White: An Analysis Of The Official Secrets Act, 1923
Espionage, derived from the French word 'Espion' which means 'spy', is the act of secretly observing an individual, organization or a government, with the sole purpose of acquiring vulnerable information and then sharing it back to another organization or state. This tactic has been prominent around the world and there have been several historical texts, from East to West, mentioning...
Upholding Women's Reproductive Rights Through A Purposive Interpretation: Lessons From ' X Vs. The Principal Secretary Health And Family Welfare Department & Anr
Recently the Supreme Court modified the 15 July Order of the Delhi High Court, by granting the Petitioner her right to terminate her ongoing pregnancy of approximately 24 weeks. The stance of the 3-Judge bench of the Supreme Court has rightly used a liberal interpretation of provisions of Clause (c) of Rule 3B under the Medical Termination of Pregnancy (Amendment) Act 2021 (MTP...