Understanding Femicide

The World Health Organization defines 'Femicide' as the intentional murder of women solely for the reason that they are women. 'Femicide' is a hate crime term denoting the gender- based murder of a woman or a girl by a man [i] or in the context of a system made by males for the benefit of males in society. It need not be concentrated Genocide all at once but systematically perpetuated over generations. Though perpetrated against women for centuries, this term 'Femicide' was coined only in...

Cicero, Ersinke, Orwell, Prashant Bhushan: Speaking To Power And Its Consequences

Two thousand and ninety years ago, Marcus Tullius Cicero, the greatest lawyer this world has ever seen, rose to speak on behalf of the people of Sicily. This was a unique legal action under the Roman law. It was brought up by the subject peoples of Sicily, then a Roman colony, against Gaelus Verres, the Roman Governor of Sicily. Sicilians were prosecuting him for abusing his power conferred by the Roman Republic which culminating in his exile. The orations of Cicero against Verres are...

Inquisition By The Media: The Newsroom Is Not A Court Room

"It has been seen that when a certain case is in court, the media starts a parallel trial, which is not good…Let the court first decide on a matter, then the media can criticize it."[i] Soli J. Sorabjee India, like many other common law jurisdictions, has adopted an adversarial system that governs criminal procedure. The duty to prosecute vests with the State whilst the accused has got the right to defend himself against all the charges that have been levelled...

Reflections On Prime Minister's Tour Of Ayodhya

There has been a considerable debate on the proprieties of PM Modi`s visit to Ayodhaya to inaugurate the Construction of Ram Temple on the 5th of August. In my opinion to have a correct view on this one has to split the personality of PM Modi into that of a PM of the nation at large and that of Shri Modi as an individual believer. As an individual believer he has the freedom to profess, practice and propagate religion close to his heart. This is what Article 25 guarantees to the individual...

Consumer Protection In The Online Marketplace- An Analysis Of Consumer Protection (E-Commerce) Rules, 2020

With the advent of the e-commerce industry, the relationship between a consumer and a seller has changed drastically, and so have the prevalent business practices in the market. Everything is now just a click away. However, this "e-revolution" comes with its own disadvantages. A major cause of consumer dissatisfaction is the rampant sale of counterfeit and spurious goods on various websites, with no guarantee of authenticity of the product. Further, in the event of failure of the...

Pandemic Induced Live-Streaming Of Supreme Court Proceedings: Ensuring Public Access To Courtrooms In The United States Of America

Introduction Amidst the unprecedented health and safety concerns posed by the COVID-19 pandemic, the Supreme Court of the United States of America closed its doors to the public until further notice. The Supreme Court's closure is the first disease-related shuttering in over a century, with severely adverse consequences for the right of public access to courtrooms; a right that has remained deeply ingrained in the American constitutional experience and has assumed an even greater...

The Carrot And Stick Of Senior Designation – Do We Need It At The Stake Of Independence?

Background A writ petition has been filed in the Supreme Court of India seeking revocation of Mr. Dushyant Dave's designation as a Senior Advocate, in view of the arguments made by him defending Mr. Prashant Bhushan in the contempt proceedings initiated against him, suo-moto by the Supreme Court of India. The basis of the entire controversy revolves around the issue of a contempt proceeding against Mr. Prasanth Bhushan for his remarks, which as argued by Mr. Dave, was made by Mr....

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...