Articles
Neglecting Queer Children In India: Intersecting Rights Violation
'Children cannot wait too long and they are not people of tomorrow, but are people of today. They have a right to be taken seriously, and to be treated with tenderness and respect. They should be allowed to grow into whoever they are meant to be - the unknown person inside each of them is our hope for the future.' - Janusz Korczar 1. Introduction The United Nations Convention on the Rights of Children[2] ("UNCRC") provides for the rights of all children, viz., persons...
Highlights Of News Labour Codes
Many of the Employment laws of our country have not been revised for a long period. Legislature has therefore, drawn 4 Labour Codes namely : a) The Code on Wages 2019, b) The Industrial Relations Code 2020 , c) The Code on Social Security Code 2020, and d) The Occupational Safety, Health and Working Conditions Code 2020, popularly known as Labour Codes, 2020, combining various statutes with certain modifications. When these get executed, there will be significant changes. Some of the...
Fintech's Halt 'Buy Now Pay Later' As RBI Tightens The Noose On PPIs
The FinTech industry has seen an unprecedented rise in the past few years, with many neo-banks, non-bank prepaid instrument issuers emerging in the market with their outrageous claims and services. Companies like Uni are "Pay 1/3. Anywhere" services utilising their cards, bringing competition to firms like LazyPay, which has a 'Get Credit in 90 Seconds' policy and claims to have a staggering 60 million qualified customers. Razorpay claims that the BNPL sector has risen by 539% in the year...
How To Comply With CERT-In's New Six-Hour Time Frame To Report Cyber Incidents
The Indian Computer Emergency Response Team (CERT-In) recently issued a set of new directions under the Information Technology Act, 2000 (IT Act), in relation to information security practices, procedure prevention, response and reporting of cyber incidents for safe and trusted internet (CERT-IN Directions), followed by Frequently Asked Questions (FAQs) dated 19 May 2022 issued by CERT-IN, to clarify the requirements under the directions. CERT-IN Directions mandate service providers,...
Troubling Features Of SCOTUS Decision Overruling Roe v. Wade - Salman Khurshid Writes
The Supreme Court's reversal of Roe v Wade has been received with widespread consternation and dismay by a large number of Americans whilst others have proclaimed victory, (not for women though! ). Alito, J., delivered the opinion of the Court, in which Thomas, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Thomas, J., and Kavanaugh, J., filed concurring opinions. Roberts, C. J., filed an opinion concurring in the judgment. Breyer, Sotomayor, and Kagan, JJ., filed a dissent. Here, ...
Scaling The Diameter Of Censorship Laws In India And The Proposed Amendments To The IT Rules, 2021
Censorship ends up becoming a tool for moral policing that controls other people's lives rather than concerning itself with larger public issues. The term 'censorship' in Indian law has often led to a fire and ice type debate amongst laymen, politicians, thinkers, organizations and various other groups. Censorship is proclaimed to be a tool that is placed to keep a fair check on what comes into the public domain and how this information or data fulfills certain commonly acceptable...
Fear Of Mandatory Mediation – Is It Real?
Recently I came across an article titled "Will mediation curb litigation or be the cause of it?" written by G. Mohanakrishnan, President of the Madras High Court Advocates Association, and Pascal Sahil R, School of Law, Christ University, carried in the Hindu Business Line dated 02-06-2022[1]. It is argued by the authors that the provisions of the proposed Mediation Act, that mandate two mediation sessions before knocking the doors of the courts, would amount to denial of access to...
The Bar And The Bench Still To Imbibe The Jurisprudence Of Tendering Pardon To An Accomplice
I have had the advantage of reading the verdict dated 14-06-2022 rendered by a Division Bench of the High Court of Kerala in Suresh Raj v. National Investigation Agency (Crl.Appeal.No: 213/ 2020). 2. Having held in paragraph 37 of the above verdict that the order impugned therein, being an "interlocutory order" within the meaning of Section 21 (3) of the National Investigation Agency Act, 2008 ("NIA Act" for short), the appeal under Section 21 (1) was not maintainable, there was...
Discuss The Importance Of Examination Of Toolmarks At A Crime Scene
A crime scene, in the context of a criminal investigation as well as forensics, is a physical scene that could provide evidence to the investigator.[1] In simpler words, a crime scene refers to a site where the crime has either been committed or which is closely linked to the commission of a crime.[2] The examination of a crime scene refers to a process where "forensic or scientific techniques are utilized to preserve and gather physical evidence of a crime".[3] The procedure for its...
Understanding The Gait Test And Its Impact On Criminal Trials
Recently, a Mumbai Special Court convicted and sentenced to death Mohan Chauhan who was accused of raping and murdering a woman in Saki Naka in 2021. The Gait analysis report was one of the pieces of evidence utilized in this case to determine guilt. Previously, the Gait analysis has been used in very few cases- for instance, its utilisation by the SIT in the Gauri Lankesh Murder Case. With the increased recognition that the method is acquiring in India, it becomes imperative to...