Articles
Rights Of The Victim/Complainant – In Respect To S. 301 CrPC
There has been a recent rise in the number of cases triable by the sessions court which is leading to more burden of cases for the public prosecutor and therefore, the rights and interests of victims are not getting adequate attention. .The accused, on the other hand has the option of choosing his own lawyer under Section 303 of the Criminal Procedure Code,1973[1] (hereinafter referred to as the 'Code') which reads as,"Any person accused of an offence before a Criminal Court, or against...
Prosecution In Delhi Riots Case (Courts Must Call Its Friends To Protect This Prosecution)
The Citizenship Amendment Act (Bill) protests, also known as CAA Protest or CAB Protest, occurred after the Citizenship Amendment Act (CAA) was enacted by the Government of India on 12 December 2019. The move sparked a widespread national and overseas protests against the act and its associated proposal of a National Register of Citizens (NRC). The protests broke out rapidly across the country, although the concerns of the protesters varied at different places. There were petitions ...
Uttarakhand HC's Decision In 'Bhuwan Chandra Pandey v. UOI': A Much Needed Beacon For Complainants In Sexual Harassment Inquiries
It has been more than two decades since the Supreme Court of India in Vishaka v. State of Rajasthan, AIR 1997 SC 301, laid down the famous 'Vishaka guidelines', which inter alia, provided for the creation of an internal complaints mechanism for inquiring into complaints of sexual harassment by women employees. The Court had also recommended that the Central and State governments adopt legislation, to ensure that employers in the private sector comply with the guidelines. However it was...
Enforcing A Law That Wasn't: The Consumer Protection Act, 2019
As many lawyers would testify, strange things can happen when facts meet law, the post pandemic world seems to be the world of even "stranger things". This incident shows that the world was not any less strange even before the pandemic, it also shows that law does not necessarily need facts to create peculiar, unusual situations; subjective interpretations regarding the operation of the law itself are enough to enforce a law that wasn't. The Consumer Protection Act, 2019 was passed on...
The Ever Looming Darkness Of Law Of Sedition
An honest omission was ratified, albeit, realized after a decade. With the enactment of the Indian Penal Code Amendment Act, 1870, the law of sedition took birth and in came, the darkest days for the most cherished right- the right to express. The dystopian society, with the kind blessings of the 'government' in power back then, was burdened with a draconian law, which unfortunately still finds a place in our society, with no checks and balances, leaving several people destitute. The...
The Relevance Of 'Relevant Market' In Digital Market Under Competition Law In India
The Indian Market paradigm has undergone a sea change over the past decade. The digital market has had a profound impact on competition laws and has witnessed a metamorphosis. Digitalization has led to a new trends and development in the commercial practice and has caused a redeployment of competitive forces. This reprisal of market power has lead proactive steps in the market disruption. For Instance, the German Federal Cartel Office has set up a "Task Force for Internet Platforms"...
Muslim Women (Protection Of Rights On Marriage) Act 2019- Untested Questioning Protection Of Whom?
Recently Union Minority Affairs Minister, Mukhtar Abbas Naqvi made headlines by announcing August 1st to be celebrated as Muslim Women Rights Day on account of the anniversary of the enactment of the Muslim Women (Protection of Rights on Marriage) Act 2019, where pronouncement of Triple Talaq by Muslim husband has been penalized. Interestingly criminalization of Talaq-al biddah (triple talaq in one stroke) was not the outcome of majority judgment of the famous Shayara Bano case[1], but ...
Time To Derecognize 'Scandalising The Court' As A Form Of Contempt
"Committals for contempt by scandalising the court itself have become obsolete in this country. Courts are satisfied to leave to public opinion attacks or comments derogatory or scandalous to them." This observation by Lord Morris in a judgment he delivered in 1899, is more relevant today given the development that journalist-writer-lawyer trio has approached the Apex Court challenging constitutionality of criminalization of 'scandalization the court'.These observations by Lord Morris were...
Safoora Zargar Got Bail; But Questions On Legality Of Her Custody Remain
The topic of bail to Safoora may seem irrelevant now that she has been released. But I wish to discuss it knowing that countless Safooras, in both genders, continue to face similar fates and it is important that we know how the State behaves in situations which demand fairness in procedure and how Judges are immune to understanding the basics of Law. I feel a certain amount of concern because the people who left her languishing in jail cannot even begin to imagine the innards of...
Legal Frame Work Relating To Migrant Workers Needs To Be Reconfigured In India
Labour is the fruit of civilization, not the basis of it- Alexander Crummell. Labour class is the backbone of the national economy. Indian Labour class is always in discussion since pre independent era where they faced crucial issues with the capital class and as a result of various movements and recommendations laid down by the Royal Commission on Labour; various Labour law legislations came in force on Indian mother land. Emphasis was laid on the critical parameters like wages, equal pay...
Consumer Protection (E-commerce) Rules 2020: A Step In The Right Direction?
The e-commerce industry was already booming but the pandemic has impacted its growth significantly. E-commerce portals like Amazon, Flipkart, Big Basket, Nykaa etc. have flourished as maximum use has been made by the consumers to fulfil their insatiable appetite from the comfort of their homes. [i] It is the easy access to the internet and smartphones which facilities the use of e-commerce which has not only helped to satisfy the existing demand of the population but also create more...