Releasing Prisoners During The Covid 19 Crisis

Prisoners are vested with numerous human and fundamental rights. With this thought let's examine the recent policies adopted by several States to enable the temporary release of certain categories of prisoners from jails for a specified period of time due to COVID pandemic. On 28th March this year, the Supreme Court took suo motu cognizance in a matter that was titled 'Contagion of COVID 19 Virus in Prisons'. The Supreme Court observed that having regard to Article 21, it has become...

India's Manual Scavengers Have Been Forgotten In The Covid 19 Narrative

In India's fight against COVID 19, analysts and healthcare workers have identified groups who might be vulnerable to the infectious disease. The broad categories which have been identified include, people in old age, economically weak individuals, new born children, and those suffering from terminal illnesses. One such group which falls in the economically weak category and is most vulnerable to COVID 19 are manual scavengers. They work in hazardous environments which involve cleaning of...

First Among Equals

As a member of the legal fraternity, I find it my responsibility to seek clarity over the lightening speed in which a matter appears to have been listed.

Child Trafficking After Covid-19: Govt Must Move To Bolster Laws

For most of us, the crisis during the lockdown will have an expiry date. We are all waiting with bated breath that impending date when the lockdown is lifted and it is safe to resume our lives. But spare a moment's thought for those whose predicament will worsen once the lockdown is lifted – those who would be pushed into unemployment, hunger, poverty and despair due, already made worse by an extended lockdown. For thousands of Indians, Covid-19 is far from the worst that could happen to...

An Abject Suit With 128 Issues And Its Peacemaking Decision

A civil suit for the main relief of declaration and its consequential reliefs was instituted by a non-descript woman claimed to be a right bearing 'justice seeker'[1] on the Original Side jurisdiction of the Bombay High Court, in the British India. The dominus litus had presented her plaint with an annexure of pedigree and with the grand narratives of facts and poignantly clear pleas, against 14 persons, even before the advent of the Code of Civil Procedure, 1908 (CPC). The plaint bearing...

Legal Validity Of Pre-Nuptial Agreements

Abstract:By way of this article, the author wishes to look into the possible advantages and dis-advantages of pre-nuptial agreements, and to examine the reasons for why these agreements are considered unenforceable in Indian law and how they may conflict with the present matrimonial laws in India. In furtherance of such an analysis, the author seeks to propound a more pragmatic and broad minded approach to be adopted by courts when it comes to the possibility of enforcing pre-nuptial agreements...

Brewing Constitutional Crisis in Maharastra

Recently, the country has witnessed the interesting constitutional upheavals in Maharashtra and tug of war with the Governor, which ultimately reached the Supreme Court for a constitutional adjudication. Yet another interesting legal issue is fast evolving in the light of the Governor in not taking any action on the recommendation of the cabinet. Udhav Thackeray took oath on 28th of November, 2019 as the Chief Minister of Maharashtra. He is heading the 3 party coalition of NCP, Congress and Shiv...

Fallacy Of Supreme Court's Concern Over Revision Of Reservation Lists

The reality of reservation benefits is that it is largely limited to the lower cadre posts.

Kesavananda Bharati Judgment: An Exporter of Constitutional Ideas

[This post is part of a special series celebrating 47 years of the decision in Kesavananda Bharti v. State of Kerala, wherein the Supreme Court of India laid down the 'Basic Structure Doctrine'].Borrowing of legal principles from different legal systems is not a new concept and it has been happening since centuries. Though foreign judgments do not have binding value, but always have a persuasive force. Indian Judgment "Kesavananda Bharti v. State of Kerala [[1]] - (hereinafter referred to...

A Federal Concern - Continued Prohibition Of Liquor Supply Should End

Sale of liquor has been prohibited by the central government in exercise of powers under the Disaster Management Act, 2005. This ban raises the question of expanse of this enactment. How much inflation of ambit would be constitutionally permissible given that our Constitution is Federal in character and involves elaborate distribution of powers in the Seventh Schedule as also the fact that, except for exercise of powers under Art. 356, the state governments cannot be superseded? ...

Scope Of Agricultural Lands As Security Interest Vis-à-Vis SARFAESI Act

Introduction Whilst the RDDBFI Act had been serving as the sole recovery Law for Banks/FI in the country for a decade, as it was not efficient mode of recovery, the Union Legislature deemed it to enact the The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act) commencing from 21st June, 2002. The two main salient features of the SARFAESI Act was allowing the creation of Asset Reconstruction Companies to give a chance...

Order To Ordinance : Background And Features Of The Epidemic Diseases (Amendment) Ordinance, 2020

The recent Epidemic Diseases (Amendment) Ordinance 2020 may be viewed as a by-product of the directions issued by the Supreme Court in a Public Interest Litigation (PIL) filed by a doctor from Nagpur, Maharashtra (Dr. Jerryl Banait v. Union of India)[1]. The PIL originally sought availability of Personal Protective Equipment (PPEs) for medical professionals, and subsequently highlighted the plight of doctors and nurses due to incidents of violence. This article traces the origin of the ...