Articles
The Legality of Intelligence & Investigative Agencies of India
In the month of June this year, several reports of unauthorized surveillance of numerous Indian journalists by means of spyware named "Pegasus" surfaced. The spyware is sold by the NSO Group, which has claimed that it provides service only to "vetted governments." As the hearing of the matter at hand is to resume soon in the Supreme Court, one of the most pertinent issues which need to be looked at is the legality of the intelligence and investigative agencies of the country.Origin of...
Josy Joseph's 'Silent Coup' : How Inherent Biases of Non-Military Security Establishment Lead to Constitutional Subversion
Democratic erosion in a constitutional democracy, according to Aziz Haq and Tom Ginsburg, occurs either through authoritarian reversion or constitutional retrogression. Reversion is a sudden collapse like a coup. Since the Constitution of India came into force in 1950, around 460 coup attempts have been made across the globe, none of which were in India. In comparison, retrogression is an incremental process that affects elections, political and civil liberties, and the rule of law. ...
Sexual Harassment of Women at Workplace - Outlining Evolution of the External Member Provision in the Law
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereafter referred to as 'the Act') was enforced on 9th December 2013. Eight years since then, implementation of the Act is unsatisfactory and inadequate. The Act has a provision of appointing an external member with the inquiry authority which is an inbuilt space in the interest of complainants. It continues to be neglected and underutilised. As per the Act, the Internal Committee (hereafter...
Law On Reels : 'Jai Bhim' - Court Room Drama With Impactful Portrayal Of State Impunity & Caste Violence
The Hindi film industry has for long romanticised the idea of police violence and unchecked power in the form of films like Singham and Dabangg. But Jai Bhim sets in motion the grim picture of custodial violence, police torture and misuse of the law by the police authorities. It somewhat breaks the narrative of idealising police brutality. Directed by T.J. Gnanavel, Jai Bhim investigates the intersectionality of caste fault lines and the State's authority. Mari Selvaraj's Karnan and...
The Scope Of Exception 3 To Sec.28 Of The Indian Contract Act 1872, Judgement In Larsen & Toubro Ltd Vs Punjab National Bank: An Analysis
Section 28 of Indian Contract Act, 1872—which provides that every contract in restraint of legal proceedings is void—is one of the restrictions on the freedom of contract. Exception 3 incorporated to the said section by the 2013 amendment, is one of the significant, and yet least understood, provisions to the banks. While a precise scope of these provisions remained elusive, the recent judgment of the High Court of Delhi in the matter of Larsen & Toubro Ltd & Anr. v Punjab...
Supreme Court Judgment In Thwaha Fasal UAPA Case- A Flicker of Hope
Today, the Supreme Court handed down an important judgment reading down Sections 38 and 39 of the Unlawful Activities Prevention Act ["UAPA"]. Thwaha Faisal v Union of India was an appeal from the judgment of the Kerala High Court, delivered on 4th January 2021. In that judgment, the High Court had canceled the bail granted to Thwaha Faisal by the NIA Court, and directed him to return to jail. I had pointed out at the time that the High Court's judgment was deeply flawed. On appeal, however, a...
Their Finest Hour: The Far Reaching Pegasus Verdict
"Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning." wrote Winston S. Churchill in his triumphal book 'Their Finest Hour". The 46-page order of the Hon'ble Supreme Court on the PILs calling for scrutiny of Pegasus hacking software being used in India has given a similar sense of exhilaration. A beginning of a new dawn is being felt, after the last few years saw a reluctant court failing to engage the government despite the slip...
Witness Protection in India
Witnesses have a major role to play in the criminal justice system. Recently, the Supreme Court of India expressed surprise because only 23 eyewitnesses were traced amongst hundreds of gatherers in the Lakhimpur Kheri case. The court on Tuesday directed the State of Uttar Pradesh to provide protection to the witnesses of the Lakhimpur Kheri violence. Unfortunately, instances of witnesses turning hostile, or not coming forward in the first place is not uncommon, especially in cases where...
Sedition And Its (Ir)Relevance In A Democratic India
Expressing disaffection towards the government is every citizen's right in any democracy, let alone the biggest and most complex democracy in the world. There are myriad ways via which disaffection towards the current regime can be expressed, which may or may not please the regime in power. India's sedition law, laid down in Section 124A of IPC is a colonial-era law that has attracted its fair share of ire for the same reasons. It reads as, "whoever, by words, either spoken or written,...
A Proposal To Deregulate Forest Governance
The Ministry of Environment, Forests and Climate Change (the Ministry) has proposed amendments in the form of a consultation paper to the Forest (Conservation) Act, 1980 (FCA) — a law which operates in a deeply contested space in India where not only the areas are resource rich but Adivasi and forest-dwelling communities also exercise their rights over these resources for livelihood. The proposed amendments purport to be for preservation of forests and also to increase forest cover in...