Articles
Shrinking Space For Dissent
The order of the Supreme Court in the Shaheen Bagh protests case is part of a trend where the space for dissent is shrinking rapidly, at great cost to democracy. Background and context The occupation of Shaheen Bagh by women began in December 2019 when violence against Jamia Millia students was unleashed. It continued as a protest against the Citizenship Amendment Act, 2019, a law that discriminates against Muslims. It came to an end in March 2020 due to the COVID- 19 pandemic and...
Insolvency Law In Review – September 2020
The enactment of the Insolvency and Bankruptcy Code 2016 ('the Code') has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequent 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 the latest decisions, from the various fora dealing with Insolvency Law. ...
Bridging The Gap: Supreme Court Judgments And The Public
Background Judgments delivered by the Supreme Court of India (SCI) have a significant social, economic and political impact on the Indian democratic polity. SCI is faced with complex legal issues emanating from an assortment of laws. It is, therefore, only natural to expect that people most affected by these judgments should have the right to know and inform themselves of the basic implications these judgments have on their daily lives. Although there is no disagreement with the...
Who Is A "Police Officer" For The Purpose Of Section 25 Of The Indian Evidence Act, 1872?
A. I N T R O D U C T I O N The question to be considered is whether an officer (other than a "police officer" as commonly understood) acting under a special statute and having powers of investigation, can be treated as a "police officer" for the purpose of Section 25 of the Evidence Act. If he could be treated as a "police officer" for the purpose of Section 25 of the Evidence Act, then any confession made to him cannot be proved as against a person accused of an offence....
Limitation Under IBC – A Tale Of Two Judgments?
"…It was the best of times, it was the worst of times…." (Charles Dickens, a Tale of Two Cities, 1859) The Insolvency & Bankruptcy Code (IBC) was projected and portrayed as a mirage and a revolution in the law governing reorganisation and liquidation. Embodied as a self-sufficient code on the issue, the Act underwent fine-tuning by way of a plethora of amendments to plug loopholes of functionality, practical application as well as procedure. One such integral issue of...
The Cruel Cut- Female Genital Mutilation
I was cut for my future husband. I remember the day clearly. My neighbour's daughter said to me "You must be looking forward to today" and I looked at her crazy because it wasn't my birthday or anything. She then giggled and said "oh you're getting your gudniin done". Gudniin means circumcision in Somali. As she explained to me what exactly was going to happen, I sat there thinking that didn't my mother said to not let anyone touch me? Would she let them touch me? I heard screaming from...
Abuse Of Dominant Position In The Smart TV Market: Antitrust Case Against Google
According to a report from Reuters, a new antitrust case against Google has been filled in Competition Commission of India. In this case it is alleged that google has abused its dominant position in the smart TV market by blocking the companies who want to create or modify android system. However, the case is in its preliminary stage and allegations are yet to be reviewed by the members and chairperson of CCI also no orders of any investigations are given. This is not the first...
Why Is Our Legal System Broken And What Can We Do To Fix It?
Whatever the frailties of our polity, one of its singular distinctions is the regularity with which it enacts meaningless rituals, sacred and profane. We were outraged by the barbaric rape of Nirbhaya in 2012. Judging by the magnitude of the protests that followed, one would have thought such monstrosities will not happen, at least in the near future. Unfortunately, however, once again, we are back to square one. The savage sexual violence against a hapless 19-year-old dalit girl in...
[Column] 'From Emasculating Fundamental Rights To Selective FIRs: Need A Remedy Against Officers Of State' By Justice Madan Lokur
From emasculating fundamental rights to selective registration of FIRs, citizens need a remedy to against officers of the state who do not act in good faith,When a citizen intentionally violates the law (mens rea) he or she is liable to be tried, convicted and punished. In respect of some offences, intention might be absent but the law casts strict or absolute liability, thereby inviting punishment. The imposition of an immediate 'fine' on LG Polymers by the National Green Tribunal for the...
Hindu Succession Act, 1956: The Fight To End Gender-Based Discrimination Continues
The Supreme Court, in a recent judgment, ruled that a daughter has the same rights as a son in ancestral property under the Hindu Succession (Amendment) Act, 2005, irrespective of whether the father was alive at the time of the amendment. Till its amendment in 2005, the principle law - the Hindu Succession Act, 1956 (HSA) - did not grant daughters rights in ancestral property. While the amendment in 2005 and the recent ruling by the Supreme Court are significant steps towards eliminating...
Law Reforms: Need Of Democratically Inclusive Society Not Outcome Of Political Haste
Law reforms are a means to enforce rule of law in a manner contemporaneous with the changing times. It is a tool that is utilized to prevent laws from stagnating and losing relevancy in time. Reforms are the basis of initiating a substantial change in the laws. The democratically elected governments are placed in charge of undertaking the same. However, reforms are and must be dehors of politics. As much as legislative action is inherently a political the process, law reforms must be...