Articles
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...
Technological Glitches At Trial Courts Plaguing Virtual Hearings
A man disturbed by the prolonged delay in his divorce proceedings due to the suspended functioning of the family courts, approached the Delhi High Court seeking relief. 'Family Courts must be directed to record evidence through video-conferencing', he argued. Just a couple of hearings later, the Division Bench of the court realised that there is a larger issue concerning the virtual functioning of the trial courts during the pandemic - internet. In Anand Vaid v. Preeti Vaid, the...
Victim Compensation For Wrongful Prosecution/Conviction-Indian Judiciary Yet To Evolve
Humans of Bombay (a popular photoblog) recently raised ₹23 lakhs for Ali Mohammad Bhat, a carpet weaver from Kashmir who had been wrongfully imprisoned by the Indian state for 23 years on trumped-up charges of terrorism. This was related to the twin bomb blasts in Lajpat Nagar, New Delhi and Samleti, Rajasthan on two consecutive days in 1996. Ali is neither the first nor the last, person to be wrongfully convicted by the Indian judiciary. Our newspapers, magazines and social media...
Privacy And Puttaswamy For The People's Palate: Part 2 Of 3
The first part broke down opinions of Chelameswar J. and Sapre J. wherein the former examined the existence of the right to privacy within the contours of the Constitution, limiting the discussion to the existence of the same and the latter examined the foundation of the right on the basis of the Preamble and certain elements of Part III. In the second part of this series, I will attempt to simplify the opinions of Bobde J. (as he then was) and Kaul J. Bobde J.'s opinion In the very...
Five Months Without Regular Heads For NCLAT & NCLT
On August 14, 2020, National Company Law Appellate Tribunal ("NCLAT") is completing five months since its former Chairman Justice Sudhanshu Jyoti Mukhopadhaya retired at 70 years of age, in accordance with §413, Companies Act 2013. The Centre appointed Justice (Retd.) Bansi Lal Bhat, Member (Judicial) as officiating Chairperson with effect from March 15, 2020. This appointment was supposed to last for a period of three months or until further orders or until a regular Chairperson was...