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...

Why Bishop Franco Mulakkal's Acquittal In Nun Rape Case Is Flawed?

The Trial Court adopted a technical approach without appreciating the constraints under which a nun lives and the power dynamics involved in the case.

Dosage Of Hate Speech Is Increasing With Law's Delay; Courts Can't Afford To Look On

To prevent further escalation of hate crimes, it is highly necessary that the Supreme Court makes an impactful intervention.

A Long Awaited Reform

Reading the recent observations by the Hon'ble Delhi High Court has brought a mixed feeling dominated by hope for possible reform. The bench[1] comprising of Justice Rajiv Shakdher and Justice C Hari Shankar observed that a woman has a right to sexual autonomy and to deny any sexual advances, even if by her husband. This case might just prove to be the final nail in the archaic marital rape exception. Legislations And Recommendations Section 375 of IPC, 1860 defines rape and also...

Tendering Pardon To An Accomplice In A Case Triable By A Special Court Under The NIA Act, 2008

Many a time, grave and heinous crimes are committed in such a manner that no clue or trace, much less, any eye-witness evidence may be available for the detection of such crimes. The result would be that the perpetrators of such gruesome and beastly crimes go unpunished and escape due to lack of evidence. In order to obviate such a result, the framers of the Code thought that, with a view to unravel the truth of such dastardly crimes, any person believed to have been directly or...