We, The People, Found 73 Constitutional Wrongs, Sir!

The people of India are celebrating the 73rd Republic Day of India, today, the day on which, 72 years ago, we the people of India, gave unto ourselves the Constitution of India, promising that we cherish constitutional values and ideas. The day calls for introspection into happenings in the country to verify whether they are in tune with or against our world's best Constitutional ideals. Following are the wrongs and breaches of duties one could notice and it is a coincidence that there...

73rd Republic Day: The Promise of Purna Swaraj

The 26th of January every year is celebrated as the Republic Day- to commemorate the adoption of the Indian Constitution which came into effect on this day in the year 1950. In Indian political history, three dates hold special significance- 15th August, 1947 the day on which India won Independence; 26th November, 1949 as the day on which the Constitution of India was adopted by the Indian Constituent Assembly and 26th January, 1950 the day on which the Constitution came into...

Can Transgender Persons (Protection Of Rights) Act, 2019 Be A Saviour?

Recently it appeared in the newspapers that a petition was moved by a highly qualified transwoman to the legal aid cell of Kerala High court seeking for euthanasia as she had no hope to survive with dignity. Despite being qualified for the job, merely based on her gender she remains invisible to all. As rightly pointed out by the feminist scholar Nivedita Menon, the hegemonic understanding of the human body is explicitly and unambiguously male or female, pushing large number of bodies ...

Liability Of Personal Guarantor Of Corporate Debtor Vis A Vis The Insolvency And Bankruptcy Code

As per Section 128 ofthe Indian Contract Act, 1872, the liability of a guarantor is co-extensive with that of the principal debtor. Further, it is settled law that upon conclusion of insolvency proceedings against a principal debtor, the same amounts to extinction of all claims against the principal debtor, except to the extent admitted in the insolvency resolution process itself via the approval of resolution plan by the National Company Law Tribunal ("NCLT"). This is clear from Section 31 of...

Transitioning Of The Law On Money Laundering In India

Prior to the year 2005, the casting of money laundering had been difficult. The Prevention of Money Laundering Act, 2002 ('PMLA')[i] has unearthed various ways through which the earlier existing loopholes have now been fixed. The act has been altered various times to widen its application and make provisions more stringent to forfeit the practice of money laundering in the Indian money ecosystem. The following amendments have updated the doctrinal structure of the act: The...

The Art Of Writing Orders In Civil Cases

The Journey of a civil case isn't a straight road where you start from a particular point and reach your final destination, without any interruptions. Rather a civil case is like one of those tedious Haryana Roadway's bus journeys - with multiple halts - before it reaches its final destination. A civil suit from its very onset (presentation of plaint) till the very end (execution of decree) generally faces countless applications by one party or the other. The decision of a civil court...

Demystifying The Bone Ossification Test In Criminal Jurisprudence

Famous American philosopher Mark Twain once said, "Age is an Issue of Mind over matter. If you don't mind, it doesn't matter." But this is not the case in criminal jurisprudence when it comes to age. Here, age matters because law is mindful to it. When we talk about Indian scenario, then both criminal and constitutional courts have remained reluctant to rely on bone ossification test in order to determine the age of individual, be it an accused or a victim. Supreme court of India at...

Audible, Visible, My Lord?

'Unprecedented times call for unprecedented interventions', remarked a learned Judge of the Kerala High Court while exercising the extraordinary jurisdiction to stall recovery proceedings initiated by banks against a mortagor. What would have been otherwise dismissed, as one of material default and breach of contract, was looked upon with compassion, owing to the continuing concerns with Covid 19. Yet again, the 'period of limitation' is extended, factual hurdles can upset well settled...

They Know You Are Reading This!

For ordinary people, privacy seems like an abstract idea and a right only for the rich & powerful. However, we all engage in countless daily activities, which we wouldn't share with everyone. Even our mundane activities like the way we eat, what we wear, how we talk or even sneeze are always different in the comfort of our homes than in public places. When we anticipate scrutiny by random people or perhaps even from select family members, it forces us to change our usual behavior. ...

Irrelevance Of Character Evidence In Rape Trials

It has often been stated by activists, policy makers and judges alike that rape trials victimise the rape survivor[1] by subjecting her to a series of harrowing experiences, from the medico-legal examination to harassment by the police, disturbing cross-examinations and in several cases, the questioning of her character by lawyers, judges and the public.[2] To make the process of rape trials less painful for the survivor, amendments to criminal law statutes and the Indian Evidence Act[3]...

Gig Workers, Platform Workers & Gig Economy

When the new labour Codes were introduced, like every other legislation, they invited critique from different quarters because of reasons ranging from lawmakers' lackadaisical understanding of labour policy to increased stringency of provisions making it more difficult for workers to assert certain basic rights. But one aspect of labour codes that was applauded by all stakeholders was the inclusion of gig and platform workers in the Code of Social Security, 2020. Gig workers everywhere in...

Reconciling Live-In Relationships With Domestic Legal Order In India

Though 'Live in relationship' term may seem distasteful to some, nonetheless it is practice prevalent since ancient times. The puranas also have a mention of gandharva marriage which does not require involvement of the family members in the rituals. Even Lord Krishna and Radha lived together according to mythology. In some Islamic sects Muta or temporary marriage has also attained legitimacy. However, it was only in 2005 through the Domestic Violence Act, 2005 that the legislature...