Articles
Consumer Protection Act : Maintainability Of Complaint By A Trust
The Consumer Protection Act, 1986 ('the Act') provides protection for the interests of a 'consumer', who may allege the goods bought by her or him suffer from fault or imperfection or shortcoming in quality. Essentially, the 'complaint' of the 'consumer-complainant' may exhibit dissatisfaction with the 'defect' in the goods bought. On 16/02/2015, Supreme Elevators India Pvt. Ltd., based in Gujarat, was ordered to compensate and remove their defective elevator from the premises of...
Assessing The Changing Contours Of Criminal Procedure In India Through The Lens Of Recent Judicial Trends
Introduction: Law by nature is dynamic as it evolves with the time, place and people. Criminal law is no exception to this rule. In this context, an attempt here is made to examine and analyze the recent paradigm shift in the legislative framework of Criminal laws in India through the lens of judicial trends. Continuous amendments along with precedents have significantly contributed in making this most crucial branch of law relevant to the needs of society. Administration of justice is...
Re-Thinking Access To Justice In The Times Of Covid-19
The preamble of the Constitution of India commences with a solemn pledge to secure, for the people of India, Justice : social, economic and political. This constitutional commitment permeates Article 39-A in Part IV, casting an obligation on the State to secure equal justice to all citizens. The economic status of a litigant is no exception to this overarching principle. The Supreme Court has reiterated this position in a catena of decisions. I do not wish to burden this article with...
Time To Court Martial The Summary Court Martial
Indian army is the third largest force in the world. India has a total of 1.4 million active army excluding 11.55 reserve forces. Apart from the armed forces on ground, we have a strong Air Force and Naval Force consisting of around 140,000 and 60,000 active members respectively. It is a well-known saying among the military corridors that in terms of battle on the ground; Indian soldiers are counted among the best soldiers in the world. It would not be hyperbole to say that "If an army...
Earth Day 2020: Climate Action And The Problem With "How Dare You?"
This day marks the 50th Anniversary of Earth Day. However, it may be a first where humans are under lockdown and the environment is rejoicing. The first Earth Day was celebrated on April 22, 1970, where 20 million Americans (10% of the U.S. population at the time), took to the streets, college campuses and hundreds of cities to protest environmental ignorance and demand a new way forward for our planet.[1] It marked the beginning of a new environmental movement. It was the first Earth ...
Burial Or Cremation : Right To Dignity Of The Dead Amid COVID-19
In William Shakespeare's celebrated work 'Hamlet', there is a scene, where Gertrude (The Queen of Denmark), in a failed attempt to console her son, Hamlet, (who has just lost his father) and to persuade him to move beyond his mourning period, unusually says, "All that lives must die, passing through nature to eternity." Even though Hamlet isn't very moved (quite obviously) and impressed with her argumentation and philosophy, but we, the readers of the Shakespearean tragedy know it well that...
Article 15? Yet Again !!
29th November 1948 was the day on which the Constituent Assembly took up debate on draft Article 9. Syed A. Rouf moved an amendment "That in Article 9, after the word 'sex' wherever it occurs, the words 'place of birth' be inserted." Rouf argued that "The intention of this article is to prohibit discrimination against citizens. We have prohibited discrimination on grounds of 'religion, race, caste or sex'. But I am afraid, Sir, the evil elements who might attempt to make discrimination...
Living In Adultery - Not A Bar To Seek Maintenance ?
Man, whether in the role of a son, a father or a husband, has a socially embedded duty to provide for the well-being – physical as well as financial - of his elderly parents, children and wife. This duty cast upon men is a consequence of the entrenched societal belief and mindset which has prevailed over the world, and especially in India, that the husband is the bread-earner of the family, whereas the duty of the wife is limited to taking care of the household. It is, perhaps, because of...
Domestic Abuse: The Unseen Crisis Of The COVID Pandemic
The COVID 19 the global pandemic that has ensued an unprecedented wave of public health and economic uncertainty, has also brought about raging concerns regarding the mental and physical safety of women. In the wake of the government-issued lockdowns, there has been an undeniable spike in the cases of domestic violence against women. The "Shadow Pandemic", as the UN Women term it, has been witnessed in countries such as China, Spain, UK and in India. Several leading psychologists and...
The Legality Of FIRs Filed U/s 188 IPC During Lockdown: What Is The Legal Ammunition Of The Police To Control COVID 19
It is often the case that extraordinary times call for extraordinary measures. The global pandemic called COVID 19 which has taken almost the entire world in its grip in one such extraordinary time for the entire world including our nation, which certainly calls for extraordinary measures. It is a testing time for every individual, especially those who are leading the fight against corona, the corona warriors like the doctors, medical staff, police, healthcare workers, Asha, Anganwadi,...
