Delay In Release After Bail: Need For "FASTER"(Fast & Secured Transmission Of Electronic Records) In All Courts

Aryan Khan's case has brought to public attention the obsolete jail practices which must be resulting in unjustified extension of custody of thousands of persons across the country on a daily basis.

Is There A 'Right To Die With Dignity'?

Over the last eighteen months of the pandemic, we have seen a drastic increase in the number of patients entering critical care and requiring Life-Sustaining Treatments. Consequently, hospitals have had to facilitate end-of-life decisions when there is little or no scope for recovery. On February 17, 2020, the ICMR issued Consensus Guidelines on 'Do Not Attempt Resuscitation' with comprehensive protocols on when and how the doctors can refuse Cardio-Pulmonary Resuscitation (CPR). However,...

Inheritance Of Agricultural Land By Women: There Is Distance Yet To Travel

Over the past 100 years, restrictions on Hindu women's property rights have undergone various changes. A 2000 report by Law Commission of India notes that the earliest legislation bringing females into the scheme of inheritance was the Hindu Law of Inheritance (Amendment) Act, 1929. Subsequently, the Hindu Women's Right to Property Act, 1937 brought considerable changes in the law of coparcenary, partition, alienation of property, inheritance and succession. It provided better property...

Whether Tele Law Scheme Is Panacea Of Free Legal Aid ?

Tele Law SchemeThe scheme of Tele Law launched on June 11, 2017 is outcome of collaboration between Ministry of Law , National Legal Service Authority (NLSA) and Ministry of Electronic and Information Technology . The scheme is to facilitate delivery of legal advice virtually to the general public through, the panel lawyer stationed at the State Legal Service Authority (SLSA) using network of Common Service Center (CSC) through video conferencing or Tele phone. Hence the entire...

The Evidentiary Irregularities In Aryan Khan's Bail Order

On 20th October, Special Judge V. V. PATIL denied bail to Aryan Khan accused of committing offences under sections 8(c) r/w 20(b), 27, 28, 29 and 35 of Narcotics Drugs and Psychotropic Substances Act, 1985. The prosecution alleged that Aryan Khan and his friend were apprehended together by the NCB at the International Cruise Terminal with his friend having 6 grams of Charas concealed in his shoes. The bail application of Aryan Khan was primarily rejected because of two reasons....

Consent, Rape, And Marriage: What Is India Doing?

In 1887, an 11-year-old child bride, Rukmabai was married off to19-year-old Dadaji Bhikaji. Rukmabai's mother decided that Rukmabai must continue to stay with her and educate herself. This was a time when child marriages were rampant and no one dared to speak about marital rapes because of the piousness of the institution of marriage. In 12 years, Dadaji Bhikaji filed a suit for restitution of Conjugal rights but the Court ruled in favor of Rukmabai citing her inability to give free...

My Lord, It's not about 'Your Honour'!

"You cannot force someone to respect you, but you can refuse to be disrespected", a quote, though by someone unknown, truly encapsulates the natural principle of human tendencies, which, in all circumstances, cannot be so regulated through rules and procedures, as the subjects are products of emotions largely, than of logic. The fluid nature and fine line of distinguishable difference between respect and disrespect, tends to define the relations in personal and professional space, and is...

Early Neutral Evaluation And Resolution Of IPR Disputes

Mediation has emerged as a prominent alternate dispute resolution ('ADR') process for IPR disputes in India, especially with the passage of the Singapore Mediation Convention. This blog-post seeks to argue for a lesser-known Early Neutral Evaluation ('ENE') mechanism for resolving IPR disputes in the country. ENE originated in 1985 in Northern District Court of California and is now popular in USA, UK, Singapore, and Australia. The ADR mechanism was formulated by Chief Justice Robert F....

Director's Duties And Issues Pertaining To Greenwashing As A Mirage

In today's era of fast-moving society people search for anything that can bring them closer to the nature and help sustain it for future generations. And what is better than buying a product that is not only green and sustainable but also in some way is beneficial for the health too. However, has it ever occurred to you that those green labels or natural brandings might be a mere stamp used by the corporates to promote sales and line their pockets with profits. In 2015, Volkswagen...

Law at crossroads:16 Years Of Right To Information Act

12th October 2021 marked 16 years since the implementation of the Right to Information Act, 2005. The foundations of the law were laid by various Supreme court judgements which held that the right to information form an integral aspect of the Right to Freedom of Speech and Expression under Art.19. An equal strong impetus for statutory recognition was the strong grassroots campaign for Right to Information in rural Rajasthan. In 16 years since its implementation, the law has empowered the...

The Provisional Application Of Treaties

In 2012, during its sixty-fourth session, UN's International Law Commission adopted the provisional application of a treaty, following the recommendation of its Working group on the Long-Term Programme of Work. The main objective behind this inclusion was to cast light on a provision contained in Article 25 of the Vienna Convention on the Law of Treaties (VCLT) and to clarify its legal effects and the different modalities through which this provision can be resorted to. Mr. Manuel...

In Defence Of The Canadian Supreme Court's Majority Judgment

Recently, the Canadian Supreme Court delivered a significant verdict on the issue of whether unwritten principles of the Constitution can be used to strike down legislations [Toronto (City) v. Ontario (Attorney General), 2021 SCC 34]. While the dissent ruled in the affirmative, the majority in a close 5:4 verdict held to the contrary. In a recent post, Senior Advocate Arvind Datar and Advocate Rahul Unnikrishnan have supported the dissenting judgment (authored by Abella J.). In this...