Articles
Stealthing And The Law: A Call For Redefining The Limits Of Conditional Consent In India
Stealthing refers to the act of secretly removing one's condom while having sexual intercourse with a partner who consented to having 'protected sex.' Not only does this insidious form of sexual assault brazenly violate the limits of consent, but it also exposes the non-consenting partner to unplanned pregnancies, sexually transmitted diseases, etc. The wide-spread prevalence of stealthing can be gauged from a Melbourne Survey which found that about 1 out of 3 women has been subjected to...
Law Concerning Written Submissions
"Written Submissions will not only be the first impression. They will often be the last impression too". Recently, in Kaushal Verma and Ors. vs. State of Chhattisgarh[2], an impressed Hon'ble Apex Court not only recorded the written submissions verbatim but further recommended making them a standard format for all state cases. Therefore, in light of the above, the author's aim is to examine the scope of written submissions and its applicable laws, if any. Literal Interpretation ...
Supreme Court's Orders On Extension Of Limitation
In a recent development, the Supreme Court vide its latest order "IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION"[1] dated 23rd September 2021 disposed of the "M.A. No.665 of 2021" and observed that the period from 15.03.2020 to 02.10.2021 will be excluded from the period of limitation for any suit, appeal, application, or proceeding. Subsequently, any remaining limitation period remaining as of 15.03.2021, will become available from 03.10.2021. Furthermore, in cases where the limitation...
The Horizons Of Privacy And The Right To Be Forgotten
The Constitution is not a charter of servitude', argued Senior Advocate Shyam Divan in the stone-setting Aadhar case. The terrains of transformative constitutionalism and the right to privacy under a democratic state cannot be guided by the notion of prejudice in the balance of power constituting flesh and blood of any constitutional order. While talking about the constitutional freedom and right to privacy, often the cast of chilling effect as a deterrence to personal autonomy comes into ...
The Basic Structure Doctrine: An Inventive Saviour Of Democracy
The "Basic Structure Doctrine" is one of the most potent tools of the Judiciary for the maintenance of checks and balances, and balance of power needed for the smooth functioning of the democracy. This doctrine has changed the course of the constitutional law jurisprudence in India. It is often said that there is a need for the constitution to be a living one so that it can endure the changing times and adapt as per the changing needs of the generations. However, at the same time, there is...
Critical Analysis Of The Emigration Bill, 2021
India has the largest number of emigrant population in the world recorded at a staggering eighteen million.[1] The Draft Emigration Bill, 2021 ("Bill") aims to replace the existing Emigration Act, 1983 which was passed by the legislature as a direct response to the Apex Court judgment in Kanga and Others v. Union of India[2]. The new Bill seeks to "consolidate and amend the law relating to emigration"[3] in India. The Bill aims to be landmark in the sense that it aims to introduce ...
Recognizing Mental Health Within The Contours Of The Criminal Justice System – An Overview
Administrative apathy coupled with legal quagmires has made prison a breeding ground for human rights violations, and prisoners[1] a vulnerable population[2]. Overcrowding, custodial violence, enforced solitude, lack of privacy, inadequate health services at the prison has a negative effect on the mental health of the prisoners.[3] Rather than overcrowding the prisons with victims of poor mental health, administrative agencies ought to take initiative to allocate resources within the...
The Medical Termination of Pregnancy (Amendment) Act, 2021- Progressive But Not Far Enough
The Medical Termination of Pregnancy (Amendment) Act, 2021[1] ('Act') has come into force with effect from 24th September 2021. The Act amends the Medical Termination of Pregnancy Act 1971 ('MTP Act') which regulates the conditions under which medical termination of pregnancy be pursued. The Act inter alia modifies Section 3 of the MTP Act to extend the upper limit for medical termination of pregnancy to 24 weeks, from the present stipulation of 20 weeks, for certain categories of women...
Women In Litigation: The Other Side That No One Tells
When it is the month of June right after a long vacation at the Madras High Court, I see a rush of fresh graduates maneuvering around the Courts, and it feels overwhelming to see the cycle of new budding lawyers embellishing the Courts. However, we also begin to observe that during the course of time the women lawyers consistently disappear from the profession. By the time a decade is down, the women lawyers sustaining can literally be tallied in numbers. I could hardly count the women...
Blazing A Trail For Gender Parity In Judiciary
With the recent appointment of three female judges in the Supreme Court at one go, has really blazed a trail for gender parity in the bench of the Highest Court and it is a a proud moment for all of us. While felicitating the newly appointed nine Supreme Court Judges by the women lawyers of the Supreme Court of India, Justice Ramana, the Chief Justice of India, made a remarkable statement that women demand 50% reservation not as charity but as a matter ofright. Mr. Kiren Rijiju, the...
Critically Analysing India's Reasons For Not Ratifying The Convention On Freedom Of Association And Protection Of The Right To Organise
Recently, in the process of getting passed in both the houses of Parliament, the Essential Defence Services Act, 2021[1] ['the Act'] has created a lot of hue and cry pertaining to some of its provision.[2] Under the aegis of this law, the Indian government is empowered to prohibit strikes, lock-outs, and layoffs in the units enveloped in the wide spectrum of 'essential defence services' as specified in Section 2(a) of the Act; even though the primary objective of the Act is to achieve...