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...

Need For Advertising Laws In India: 'The Best Product In Market'?

With the COVID-19 creating havoc in the whole world, a claim by an Indian company of finding its cure has caught everyone's attention. Patanjali Ayurved Limited, an Indian consumer company founded by yoga guru Ramdev, recently claimed to have found a 'cure' for the disease. It is claimed that the medicine called 'Coronil' has proved to be 100 percent effective during clinical trials on COVID-19 patients, except those on life support systems. The company continued advertising the drug...

The Interplay Between Muslim Women (Protection of Rights on Divorce Act), Section 125 CrPC and Family Courts Act

The Supreme Court in the Shah Bano case, inter alia held that the statutory right granted under the general law of the land i.e. Section 125 of the CrPC is applicable to all persons, irrespective of personal laws. The judgment resulted in outcry by certain fundamentalist sections of the Muslim community, which forced the then Rajiv Gandhi led government to enact the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter the MW Act). The Statement of Objects and...

Privacy And Puttaswamy For The People's Palate: Part 1 of 3

3 years ago, those fighting against governmental overreach and excessive interference in what was perceived to be individual autonomy received a shot in the arm in the form of the landmark and pathbreaking judgment in Justice(retd.) KS Puttaswamy v. Union of India("Puttaswamy"). The impact of this judgment was felt when people all across the country celebrated the partial striking down of Section 377 of the Indian Penal Code in Navtej Singh Johar v. Union of India[1]. The judgment...

[Law On Reels] The Lincoln Lawyer- An Ethical Dilemma

"I checked the list of people I trust and your name ain't on it." - Mickey Haller Based on the Novel 'The Lincoln Lawyer' by Michael Connelly, the movie tells the story of an astute criminal defence lawyer Mickey Haller (Mathew McConaughey) who very persuasively deals his every case but leaning outside the boundaries of the ethical playground. He represents drug dealers, fraudsters, murderers and other criminals with a pre-hand condition that the quality of work done and the skill he...

From "Claimed' To "Paid"- Is The Consumer Protection Act, 2019 Flawed?

The Consumer Protection Act, 2019,("2019 Act") has evidently come as a huge relief to consumers viewed from all perspectives, in particular the provisions dealing with product liability action, mediation as an alternate dispute resolution mechanism , territorial jurisdiction and enhanced pecuniary jurisdiction of the Commissions set up under the Act. However, on a deeper look into the provisions dealing with enhanced pecuniary jurisdiction, one realises that it is not just a mere...