Articles
Countering Fake News- A Critical Appraisal Of Social Media Regulatory Laws
Fake news is essentially information created from nothing with the aim to push a particular agenda; a practice which in today's world is at the dearth of most social issues. Not only does an unverified news piece create misinformed opinions about an issue, it can and has had devastating effects on important social events; often even impacting the dynamics of decisive real-world situations like elections. Social media, in an attempt to democratize the information generation and transmission...
The Conundrum Of Forwarding E-Paper: Issues In Copyright
The outbreak of this pandemic accompanied a lot of problems in day to day life. This pandemic has brought us into a new normal. This 'new normal' has its majority existence working through online platforms. One such area deeply affected by the present situation and hotly debated in recent times is the issues of e-newspaper. At various places, the disruption regarding the physical disruption of newspaper has seen an increase in the use of e-newspaper, mostly available on the official...
The Conundrum Of Concurring Judgements: More Questions Than Answers
Introduction: Article 141 of the Constitution of India emphatically states that the law declared by the Supreme Court shall be binding on all Courts across India. It is settled law that the "ratio decidendi" literally translated as "reason for deciding" is to have binding effect. Given the tendency of the Judges to write lengthy judgements which consider all relevant and irrelevant issues and given the fact that there are, on most occasions, concurring opinions, this task of culling...
Domestic Violence: A Shadow Pandemic
INTRODUCTION Phumzile Mlambo-Ngcuka, Executive Director of UN Women has termed the gender-based violence running parallel to the COVID-19 crisis as a shadow pandemic . The deep rooted clutches of COVID-19 is causing far grave consequences than estimated which engulfs not only the medicinal aspect, but also on the domestic front. Domestic violence inflicted upon women within their households unfolds many repercussions in its victims such as long term mental trauma, serious physical...
Unboxing The Proposed Drone Laws: An Analysis Of The New Draft Rules On UAS/Drones In India
Introduction Drones or automation, in general, is the most significant development, which the aviation industry will undergo in the coming decades. Reports suggest that by the year 2024, the drone industry will reach $ 43.2 billion, in-fact it is predicted that many of our daily life activities will be replaced by drones. Various food delivery companies are already contemplating food delivery using drones. Earlier this year, three food delivery start-ups were given the nod by the...
50 Years to Bank Nationalisation Case: Rustom Cavasjee Cooper v. Union of India
In the wake of the COVID-19 lockdown, the hardest hit is the agrarian sector and the poorest strata of the society. Since the earnings have been low, induction of credit in the accounts of people seemed the only viable option in order to overcome the plight of the distressed. Many social security schemes have come to the rescue of the poors, but in the midst of all this what we need to understand is that whatever schemes we hear today wouldn't have been of much relevance had the banking...
Silence And 'Pragmatism:' Skirting Bail Conditions In The UAPA
The denial of bail to Safoora Zargar last week drew fresh attention to harsh conditions in the Unlawful Activities Prevention Act 1967, which make it exceedingly difficult to secure bail. Under S. 43D(5) of the Act, no person accused of certain UAPA offences can be released on bail if the court finds reasonable grounds to believe that the accusations against her are prima facie true. Amidst overly broad definitions of these offences, and a low prima facie threshold, how then have courts...
Mishandling Of COVID-19 Affected Dead Bodies (Right To Life & Right to Die With Dignity)
INTRODUCTION The Supreme Court on June 11, 2020 took suo motu cognizance of former Union Law Minister and Senior Advocate Ashwani Kumar's letter highlighting news reports about the undignified treatment and disposal of the bodies of COVID-19 patients. A three-Judges Bench led by Justice Ashok Bhushan has been assigned by the Chief Justice S. A. Bobde to examine the issue. Mr. Kumar wrote that indignity shown to the dead amounts to a "grave infraction of the citizen's right to die...
Mistrust About Virtual Courts Can Be Resolved Through Humility And Compassion
The World is facing an unprecedented crisis by the COVID-19 pandemic. Ever since the pandemic, day in and day out, we have been getting scary news about this deadly virus. Some are true and some are not. The social media has also aggravated the problem by sometimes spreading fake news. People don't know which news is true and which is not. They sometimes believe the false ones and ignore the truth. Health experts also give different opinions about the magnitude of the crisis. Some...
The Heterogenity Of Life Imprisonment Without Remission: An International Analysis
The article discusses the constitutional challenges underwent by countries such as America, UK, Germany and South Africa in adopting the punishment of life imprisonment. The researcher examines in detail the type of life imprisonment that has been adopted by each of them. The international human rights standards that are attached to the punishment of life imprisonment without remission have also been analysed. The Indian Penal Code under section 53 does not expressly provide for a...