A Charter For Reform In Procedural Criminal Laws Ensuring 'Justice" In The Criminal Justice System

Nothing affects our lives and our liberty more directly than criminal law, and yet, nothing has been treated with greater disdain as far as law reform is concerned. We've talked about it a lot indeed. It has just not been important enough to implement, for some reason. We've forgotten that what separates a 'Criminal System' from a 'Criminal Justice System' ("CJS") is Justice and an antiquated CJS can't be expected to do justice.Criminal law, I've always argued, should be an area of greater...

Financial Bank Guarantees And Moratorium Under IBC,2016

The legal framework for rehabilitation of the sick industries and the corporate insolvency mechanism has witnessed enormous reformations with the advent of the Insolvency and Bankruptcy Code in 2016. The Code brought in a much more robust mechanism with strict time frames into the resolution process giving a much needed transparency and efficiency to the system. Unlike the SICA regime the IBC mechanism completely removed the controlling powers of the Companies under the resolution process...

[Law On Reels] 'Mrs. America'-A Must Watch TV Series For Feminist Jurists

The show's depiction of complexities of feminist politics offers useful lessons for Indian feminist jurists.

Mediation – Making A Headway In Jammu & Kashmir

"An ounce of mediation is worth a pound of arbitration and a ton of litigation" - Joseph Grynbaum Negotiation, in its various forms, has existed before recorded history. Lawyers, business people, and others have used negotiation to resolve disputes. Good negotiation skills can help resolve most types of disputes and with training, anyone can become a more effective negotiator in a wide range of disputes as Negotiation theory and practices are well defined. Mediation is assisted or...

'Sanctity Of The Constitution Lies Essentially In Its Affirmation Of Secularity': Begum Aizaz Rasul, The Sole Muslim Woman In Constituent Assembly

('Women In Constituent Assembly' series will discuss the role played by women in the Constituent Assembly of India. This is the fourth article of the series)"The most outstanding feature of the Constitution is the fact that India is to be a purely secular State. The sanctity of the Constitution lies essentially in its affirmation of secularity and we are proud of it. I have full faith that this secularity will always be kept guarded and unsullied, as upon it depends that complete unity of...

73 Years Of Indian Independence: An Appraisal Of Freedom In India

As a country are we headed in the direction as aspired for by our freedom fighters? The multiple strands of Indian Freedom Struggle were premised upon a singularly ambitious ideal comprising national unity and integrity, and a democratic and equitable society. The 'said society' was to be achieved through a social-economic and political revolution pursued with a democratic spirit using constitutional and democratic institutions. For a grand success of India as a fully developed...

74th Independence Day : Remembering India's Pledge

India is my country and all Indians are my brothers and sisters I love my country, and I am proud of its rich and varied heritage. I shall always strive to be worthy of it. I shall give respect to my parents, teachers, and all the elders, and treat everyone with courtesy. To my country and my people, I pledge my devotion. In their well being and prosperity alone, lies my happiness. Every school in India starts its day by singing the National Anthem and reciting the...

Independence Day Special: The Legal Road To Indian Independence

On August 15, 1947 India attained its independence from Britain. However, such independence came with some riders – Indian and Pakistan continued to be dominions of Britain, i.e., autonomous but technically still within the British Commonwealth. Both countries' dominion status was by virtue of the Indian Independence Act, 1947 (Independence Act) – which, despite being a monumental statute which changed the course of history and empire, only contained a measly twenty (20) sections. Before ...

Independence Day : What Does Freedom Mean When Institutions Carry Colonial Baggage?

'The Constitution sought to bring in an attitudinal shift in the approach of the institutions even while retaining their colonial structure, by redefining the nature of the relationship between the individual and the State'.

Pulling The Right To Fatherhood Out Of Oblivion: An Overview Of Paternity Leave In India

The traditional notions which have been characterising the dynamics of a family do not avail much support in the 21st century. Heavy intervention of work-related responsibilities in familial dimension has mandated transformation in the way we perceive the needs of a family in the contemporary world. Ages have gone by with women being considered as the primary caretakers of children, and still these notions seem to persist despite lingering resistance from progressive societies. A...

Section 112 IEA, And The DNA Test: Dissecting The Law

Section 112 of Indian Evidence Act, 1872 (hereinafter 'the Act'), which provides for legitimacy of the child born out of a valid marriage, has been the centre of debate for the last several years. Section 112 of the Act which is based on the legal maxim "Pater est quem muptice demonstrat" which means "he is the father whom the marriage indicates" faces challenges from development of the science regarding DNA test which does not stand on the legs of indication but determines the paternity...

Reproductive Human Rights In Light Of The Recent Judgment On Child Rape Victims

Reproductive rights is the one of the most talked about, yet ignored aspect of human rights in India. Reproductive rights with respect to abortion is still a grey area with respect to human rights and fundamental rights. They bring with it a lot of stigma and apprehensions regarding sexual health. Laws like Medical Termination of Pregnancy Act prioritise the consent of a woman for the termination of pregnancy over anybody else's consent. There have been cases where minor girls or women...