Indian Criminal Justice System and Rape Survivors: Reflections

The patriarchal set of laws, male dominated profession and closed outlook of majority of judges add to the woes of the Indian ‘Rape Survivors’ (read as ‘rape victims’).  The archaic procedure practiced by our courts in a bid to ensure justice to ‘rape survivors’ and also to do justice to the accused, in practice turns out to be an ordeal for the ‘rape...

A victim of bigamous marriage is entitled to maintenance, rules Supreme Court

Is a victim of bigamous marriage entitled to maintenance? The Supreme Court has answered the question in the affirmative by holding that if a man deceitfully marries a woman hiding the subsistence of earlier marriage, he is obliged to pay maintenance to her under Section 125 of Code of Criminal Procedure (Cr. PC).In the matter of Badshah Vs. Sou. Urmila Badshah Godse & another...

Clinical Trials in India- The Chances and Challenges

Clinical trials are a set of practices performed to certify and ensure the safety of a new drug molecule. Pursuant to an amendment to the Indian Patents Act 1970 in January 2005, drugs can be made by following both the product and process patenting. This has facilitated the emergence of India as a preferred and sought after destination to conduct clinical trials. The availability of...

The new Companies Act has its share of issues and in some areas will create more complications than before: Zia Mody

Zia Mody is the Founder and Senior Partner of AZB & Partners and one of India’s foremost corporate attorneys. She passed her law degree from the University of Cambridge in 1978 and obtained her LLM from Harvard Law School. She was admitted as a member of the New York State Bar in 1980. Zia worked as a corporate associate at Baker & McKenzie, New York, for five years before moving to India to set up practice, establishing the Chambers of Zia Mody in 1984, which then became AZB &...

Human rights and Women's Organisations condemn Jethmalani's arguments in Asaram Sexual Assault case

The People's Union for Civil Liberties (PUCL), country's noted civil rights organization, as well as several women and Human rights organisations have strongly protested against the line of argument adopted by Senior Advocate Ram Jethmalani in the Rajasthan High Court. Jethmalani is representing the self-styled godman Asaram Bapu, who is currently in custody in a sexual assault case.In a...

Medical negligence behind Justice Verma’s death: Controversy erupts

Justice J. S Verma, who passed away on 22nd April 2013 in a Gurgaon Hospital, is said to have not received adequate and timely medical care. Not satisfied with the medical treatment which the former chief justice received, his wife had in July this year petitioned to Prime Minister for a re-examination of medical records by a team of doctors from country’s premier medical institute, the...

Impending Verdict of Sentence: Yet Again Debate on Curbing Death Penalty

In the wake of the verdict in Nirbhaya's case, it is interesting to look at the restraint policy that the Indian judiciary followed in cases of death penalty. However, in contrast to international trend and judicial precedents of restraint in cases relating to death penalty, recently both the Judiciary and Government has succumbed to popular demand as is evident in Afzal Guru's case and...

Advocate Off Record

Over the last month, the grande dame of the Supreme Court, Lily Isabel Thomas has been in the limelight, and justifiably, considering that her petition brought a decision from the Court disqualifying sitting legislators upon their convictions. What is less known however is that even 50 years ago, Ms.Thomas had been a Petitioner, albeit in a losing cause. The issue? The challenge to the...

Judicial Appointments Commission (JAC) can recommend for appointment of Chief Justice of India also- Seniority may not be a rule

Rajya Sabha is likely to pass the Constitution (120th Amendment) Bill, 2013 and the Judicial Appointments Commission Bill, 2013 today.Once the Rajya Sabha passes the Judicial Appointments bill, it will go to Lok Sabha for discussion. The Judicial Appointments Commission (JAC) moots new and expanded collegium in appointment process for judges of High Courts and the Supreme Court, thereby giving...

"The observations were unwarranted… ie no such observations should have been made": Comments by one SC Bench against the observation of another Bench of equal strength

A two judge Bench comprising Justice B.S Chauhan and Justice S.A.Bobde of the Supreme Court has used unusually strong words while dealing with certain observations of another two judge bench of the same court which was deciding a similar issue. The jurists and lawyers point out that such language in the judgment is used only when a superior court deals with a judgment of a subordinate court or...

Conversation with Professor George H Gadbois Jr, a distinguished scholar of Indian law and judicial behaviour

George H Gadbois Jr. is Professor Emeritus of Political Science, University of Kentucky, USA. His research over half a century dealing with the Supreme Court of India has appeared in various publications since the 1960s. Gadbois is the author of the book ‘Judges of the Supreme Court of India: 1950-1989’, which essays the background and life of the first ninety three judges who served the Supreme Court from 1950 to 1989. He has also authored many other articles and book chapters dealing with...

Saving PIL from the Petitioner

On Monday the Supreme Court will hear a Public Interest Petition which challenges the suspension of Durga Shakti Nagpal, IAS by the Uttar Pradesh government. As some lawyers pointed out, this was a rather curious turn of events given that the Supreme Court has consistently refused intervention by PILs in service matters [for a restatement of law refer Hari BanshLal v. Sahodar...