Exemplary Role Of District Courts In Dispensing Justice And Protecting Human Rights

A recent editorial on the bail granted to a 22-year old, much maligned, alleged conspirator and foreign agent, 'toolkit' climate activist Disha Ravi in the Indian Express ( 27 February, 2021 ) says it all. Titled 'Thank you', it begins with a positive summing up: "(Additional sessions) Judge Dharmender Rana's verdict granting bail to Disha Ravi underscores what judiciary can - and should - do today." It concludes with the hope that : " The next time a government wants to come down on...

Challenging The Validity Of The IT Rules, 2021 - Can Rules Relating To Digital Media Be Made Under The IT Act?

The Ministry of Electronics and Information Technology (MEITY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules 2021"). The said rules inter alia cover guidelines in relation to intermediary liability and code of ethics to be followed by intermediaries and publishers that process content on digital media. 'Digital media' is under the ambit of the Ministry of Information and Broadcasting (MIB), as per a recent amendment to...

Nepal And Constitutional Reforms

In all modern constitutions, human rights and freedoms and their security occupy a prominent role. Many of them include references to human rights in international law, Constitutional reform is a compelling shift from one form of governance to another, from autocracy to democracy, from one-party rule to multi-party rule, for example, it is a precursor to elections for any new form of government (by local constituents as well as the international community). Constitution-making is no ...

What Is The Newly Notified Information Technology (Intermediary Guidelines And Digital Media Ethics Code) Rules, 2021.?

The government on 25th February notified about the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 at a press conference with the presence of Prakash Javedkar (Minister for Information and Broadcasting) and Ravi Shankar Prasad (Minister for Electronics and Information Technology) which aims to regulate social media, digital media and OTT Platforms (Over The Top). The said rules are neither under parliament scrutiny nor are they statutory but it...

[Tandav] The Offended Majority And The Inconsistent Policy On Bail- A Critique Of The Allahabad High Court's Order

In 1977, Justice Krishna Iyer summarised the basic rule of the criminal justice system in a tersely worded phrase- 'bail, not jail'. The deprivation of liberties must be an exception to the rule. However, far more important than the exposition of this basic rule, is a significant observation made by the same judge in another case, while dealing with the issue of bail. In Gudikanti Narasimhulu v. Public Prosecutor, High Court of Andhra Pradesh, Justice Krishna Iyer remarked that the issue...

Tax Residency In The Time Of COVID - What Does The Supreme Court Ruling In Gaurav Baid v. Union Of India Mean For NRIs?

In 1885, a lady born and domiciled in Australia visited England with her mother and sister. Four-months after her arrival, she was certified as of unsound mind and thereafter, until her death fifty-four years later, she remained in England and did not recover. Fifteen years prior to her death, however, the receiver of her estate had been authorized by an English Court to concur in the sale of certain real estate in Australia, of which she owned half. The proceeds of that sale were ...

'Incitement Of Insurrection' And The Brandenburg Test

With the acquittal of President Donald Trump by the Senate his impeachment trial saga has come to a close. There are however, several takeaways from the debates and discussions involved in the process, the most important being the Supreme Court case of Brandenburg Vs. Ohio 395 U.S. 444 (1969) which had laid down the famous 'Brandenburg test' on 'Free Speech' and 'Protected Speech' – a right guaranteed by the First Amendment and Fourteenth Amendment to the American Constitution. The...

New GoI Limitations On International Webinars: Not Just Freedom Of Speech, Even The Scientific/Academic Freedom At Stake!

England was in height of civil war on 23rd November 1664. Famous writer John Milton was questioning the license Raj for printing books in historic writing of pamphlet called Areopagitica. Milton says: God endowed every person with the reason, free will, and conscience to judge ideas for themselves, so the ideas in a text should be rejected by the reader's own choice, not by a licensing authority. We have the history of Galilieo Galilei prosecuted by Church, 400 years ago for having...

Safoora Zargar And Disha Ravi: A Tale of Two Bail Orders

The order granting bail to Disha Ravi in a sedition case is remarkable not so much because of its outcome, but because of the short shrift that it gives to the State's hysterical accusations of conspiracy-by-Google-Docs. In ordinary circumstances, this would not be remarkable either – judicial skepticism towards the State's claims of far-reaching conspiracies to justify keeping people in jail, when there exists no evidence linking them to actual violence, should be par for the course. However,...

Insolvency Law In Review – January 2021

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. The purpose of this column is to fill this gap by providing brief summaries of latest decisions, from the various fora dealing with...

Appointing The Chief Justice of India–What Is The Criteria?

The current Chief Justice of India S.A. Bobde, is due to retire in April. Justice NV Ramana, the next senior most Judge, is in the line to be next CJI. The Constitution is silent on the procedure for appointment of the CJI and the matter is governed purely by Convention.The Supreme Court of India is presided over by the Chief Justice of India ('CJI'). Although, the CJI is merely the first amongst equals, s/he is the master of the administrative side of the Court and takes certain crucial...

A Reminder On The Statutory Provisions Of Arrest And Remand In The Context Of Disha Ravi's Arrest

The 18th century Italian criminologist, jurist and philosopher Cesare Beccaria was probably the first person to have theorised rules of legislation in a series of articles on various aspects of criminal law published in English as An Essay On Crimes and Punishments. He propounded the theory of separation of powers by saying it is not for the sovereign who represents society to say whether any individual has violated the law. In case of a violation, there are two parties: the state, which insists...