Articles
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...
Tendering Pardon To An Accomplice In A Case Triable By A Special Court Under The Prevention Of Corruption Act, 1988
The salutary principle of tendering pardon to an accomplice is to unravel the truth in cases where heinous offences are alleged to have been committed by several persons and the prosecution is unable to obtain any direct or circumstantial evidence to unearth the complicity of the main offenders. With the aid of the evidence of one of those participants in the crime who is granted pardon, the prosecution may be able to bring home the guilt of the rest of the offenders. (Vide para 42 of...
