Articles
The Pandemic, Labour Rights, And The Supreme Court's Judgment In Gujarat Mazdoor Sabha
On 17 April 2020, a little under a month after the Covid-induced nation-wide lockdown had been imposed, the government of Gujarat issued a notification under Section 5 of the Factories Act. This notification exempted all the factories in the state of Gujarat from adhering to a set of workers' rights guaranteed by the statute. Its effect was to increase the upper limit of working hours from nine to twelve per day and forty-eight to seventy-two per week, shorten rest intervals, and halve overtime...
Unnao, Shajahanpur, Hathras...Constitutional Courts Forced To Intervene For Proper Probe In UP Rape Cases
The brazenness displayed by the Uttar Pradesh administration in deflecting the course of investigation in the gangrape and the murder of a 19-year-old Dalit woman in Hathras is unparalleled. The wholly inhuman act of forcible cremation of the dead body of the victim during the wee hours by the police and the district administration, ignoring the objections of her family and without even allowing them to perform the last rites, can leave anyone with an ounce of conscience mortified. This was...
15 Years Of RTI: A Saga Of Harassment
Callous PIOs & Failing Appellate Authorities It is sad that at every step the RTI Act is being diluted. Non-performance of duty diligently by the Public Information Officers is the reason for first appeal and the irresponsibility of First Appellate Authority is cause for second appeal. Disinclination of Commissioner to initiate penalty proceedings often compels the appellants to knock the doors of High Courts for justice. It is fortunate that there was a positive response at High...
Mediation Motto: Let The Parties Decide
Mediators can't Judge, can't advise, can't suggest or can't even compel the parties to decide. What Mediators can certainly do is to empower the parties to decide for themselves. What is 'empowerment'? It is the process of becoming more confident and stronger, especially in controlling one's life. It is acceptance of responsibility and the refusal to perceive himself or herself as a victim. Empowerment allows us to see choices and to challenge the existing beliefs. It results in seeing...
Farmers Bill - Exposing The Lambs To The Wolves
The purport of this analysis is to examine critically the implications of the passage in Parliament, of the Farming Bills, on the federal structure envisioned in our Constitution. Its impact on the State Mandi laws as well as on the issue of farmers welfare. It would also be worthwhile to assess the impact of the Bill on the demand of the farmers for a statutory minimum price to be guaranteed by law. This Bill marks a serious departure from the past in dealing with sale, purchase as...
Screening Virtual Court Proceedings From Media: An Invitation To Opaqueness
Access to justice is a fundamental right[1] under Article 21 of the Indian Constitution. But justice should not only be done but seen to be done[2] and any conduct which casts doubt on the impartiality, independence and transparency of justice delivery system must be shunned. As corollary thereof judicial proceedings in India, both civil[3] and criminal[4], are generally held in open courts which are accessible to public. The rule admits few exceptions like in cases which concern the...
How Amy Coney Barrett's Confirmation Could Influence The US Supreme Court?
Following the death of United States Supreme Court Justice Ruth Bader Ginsburg, who passed away on Friday, 18th September 2020, President Donald J. Trump has nominated 48-year-old Judge Amy Coney Barrett to replace her at the top court. This is President Trump's third nominee to the United States Supreme Court; the first two being Justice Neil Gorsuch, who replaced Late Justice Antonin Scalia, and Justice Brett Kavanaugh, who replaced Justice Anthony Kennedy upon his retirement. If...
CLAT 2020 Analysis
Done and dusted, finally! CLAT 2020, for which aspirants waiting for months (and years!) finally happened today between 2 and 4PM. This would surely bring a huge relief to over 70,000 aspirants who were waiting for the examination to happen since a long, long time! CLAT 2020, though largely on predictable lines, did throw atleasrt a couple of (not so pleasent!) surprises. It was lenghthier than expected, a few passages were of the length the candidates had never seen in Sample Papers,...
Dominant Executive And Compliant Legislature
One of the most imperative questions which engaged the drafters of the Indian constitution was the nature of the Executive and its relation with the Legislature. Undoubtedly, the decision of the Constituent Assembly on the form of Government was substantially influenced by the political background of country and the practice and traditions evolved during the British rule. Dr. Ambedkar in his exhaustive and authoritative statement on the nature and character of the Executive while...
Long Way To Walk
It was September 16, 2018, when the Landmark judgment was pronounced over LGBT in the matter Navtej Singh Vs. UOI[1] wherein the apex court held that the offence under section 377 Indian Penal Code which criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Indian Constitution. Almost 2 years have passed, the legislature is yet to come out with the law which can be...