Articles
Reproductive Justice Not 'Personhood Of Foetus': Lessons Learnt From Safoora Zargar's Experience
The question that needs to be settled through judicial deliberation is not pregnancy as a standalone fact and its relation to bail, but pregnancy as embedded in the larger field of the gendered tropes of personal autonomy, freedom from surveillance, and the right of minorities to dignity, personhood and citizenship.
The Prevailing Uncertainty In Discharge In Summons Cases
The present article discusses the law regarding discharge (on merits) in summons cases based on complaints (predominantly affecting, inter alia, Defamation and NI Act), once accused has been summoned and how conflicting decisions have caused this issue to crop up repeatedly. In summons trial, there is no specific power to discharge the accused post summons, except as provided in section 258, Cr.P.C., which however does not apply in complaint cases. In warrant and session trials, ...
Sedition :(Chequered History & Present Status)
Black's Law Dictionary defines sedition as"An agreement, communication, or other preliminary activity aimed at inciting treason or some lesser commotion against public authority" – "The line dividing preaching disaffection towards the Government and legitimate political activity in a democratic set-up cannot be neatly drawn. Where legitimate political criticism of the Government in power ends and disaffection begins, cannot be ascertained with precision. The demarcating...
Revisiting The Infamous Emergency & Its Impact On Legal Community
45 years ago, on this day, the central government led by Late Mrs. Indira Gandhi imposed the infamous National Emergency in the country ("Emergency"). The Emergency lasted for 21 months and is considered to be one of the darkest phases of independent India. It saw widespread human rights violations, censorship of the press, rampant arrest of dissenters etc. Most importantly, it was the time when arguably the constitutional functionaries, let down the nation. The decision to impose the...
Intersection Of Artificial Intelligence, Copyright And COVID
The topic for today's discussion at first look can appear extremely confusing and hazy. However, a deeper analysis would show that the topic is extremely well thought out and relevant. The term Artificial Intelligence ("AI") has been used in recent years in almost every field of human life. Every social and economic aspect seems to have some benefit from the use of AI. What is AI? Intelligence is a gift which human beings have been vested with naturally. The...
Desperate Need To Inject Professionalism Into Domestic Arbitrations
India has often wondered why it is not the hub of arbitration and has brought about multiple amendments to meet this aspirational target. However, part of the problem is not only the law, which is being addressed by amendments, but is also the lack of professionalism by every single person who is participating in the process. This lack of professionalism, which makes the process cumbersome and time consuming, leads to disillusionment for the litigant and sends the wrong signal...
The Law And The Dead; Necrophilia
The Criminal Justice System is dynamic in nature. As a result, it becomes a task to cope with new situations that may arise in our society. It faces the questions on the abstract concept of what is evil and how the justice system must weed out the same. What is essentially immoral can be relative and subjective term, having said that, what can never be undermined by the individual, is the common dignity of the society. Anything contrary to what happens to be generally accepted and not...
Fast Track Arbitration: Revving Up ADR In Times Of Pandemic
With the Courts grappling with the pandemonium perpetrated by the proliferation of PILs in the pandemic, perplexed litigants are propelled to explore alternative avenues for resolution of commercial, contractual and corporate disputes. While many corporations and individuals have resorted to a friendlier and frugal mode of redressal, such as conciliation and mediation, others are in pursuit of an ersatz litigation, that offers a semblance of court procedure, judicial determination, greater...