Struggling International Law in times of a Global Pandemic

Three instances sum up the state of international law in the face of Covid-19 outbreak. Firstly, the failure of multilateral forums in preventing the spread of the disease from country to country speaks volume. This is despite the existence of a much touted rules of international law "to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid...

Understanding The Concept Of A Charge On Immovable Property

The concept of a "charge" emanates from Section 100 of the Transfer of Property Act, 1882 ("TPA") which defines it thus – "Where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property" Creation of a charge: A charge can therefore be created only over immovable property and can be...

Information Technology For Expeditious Consideration Of Bail Applications

'Personal liberty , deprived when bail is refused, is too precious a value of our constitutional system recognised under Art 21 that the crucial power to negate it is a great trust exercisable, not casually but judicially, with lively concern for the cost to the individual and the community'.[1]The above is quoted from a judgement delivered by Honourable Justice Krishna Iyer while he was a Supreme Court judge. The Supreme Court has also time and again reminded that 'bail is rule and jail...

The Masjid Verdict With A Secular Ring

India has a secular democratic constitution which mandates the State to maintain equidistance from all the religions. It also, at the same time, confers special rights and privileges on the religious minorities in egalitarian spirit. Supreme Court is the chosen Institution for upholding the Constitution because this is the oath expressly subscribed to be a judge. In this article, the attempt is to examine whether the "Masjid judgment" measures up to the above principles of our secular and ...

Why Jharkhand HC's Bail On Conditions Of Donation To PM CARES Fund & Downloading Aarogya Setu Is Problematic?

On 16.04.2020 the High Court of Jharkhand allowed a criminal revision forsuspension of sentence. The sentence in this case was S.I. for a period of 1 year each for the offence under Section 174 (a) Railways Act. The Operative part of the judgment reads as under: "14.Pending hearing of this case, the sentence of the petitioners is hereby suspended and the petitioners are directed to be enlarged on bail in connection with Railways Act Case No. 380 of 2012., T.R. No. 15 of 2017, upon...

'What We Talk About When We Talk About Rape' : Countering Rape Stereotypes

"These (rape) are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow it to be extinguished. When a human frame is defiled, the "purest treasure", is lost. .....There cannot be a compromise or settlement as it would be against her honour which matters the most. It is...

Dealing With Conflict At Home During Lockdown

The lockdown due to the corona virus is a mixed blessing. For many of us who could not spend enough time with our families, it is an opportunity to reconnect with our spouses and children. It has been like a prolonged vacation. But vacations mean sight-seeing, exotic lunches and dinners and multiple activities. You are not locked up indoors 24/7. After all, how much can you talk to each other, how many movies can you watch together, how many dishes can you enjoy? The novelty of it wears...

A Welcome Move Amid Pandemic : Relaxation Of Conditions For Release From Detention Centres

Showing remarkable compassion, a bench comprising of the Chief Justice of India S.A. Bobde and Justices L.N. Rao and M Shantanagoudar of the Supreme Court of India passed an orderon 13th April, 2020 on a plea by Justice and Liberty Initiative, Assam, inter alia, directing release of such detenus who, having been declared as 'Foreigners' under the Foreigner's Act, 1946, have already suffered two years' detention upon furnishing a bond of ₹5,000/- with two sureties. Under the Foreigners ...

Is Article 14 Dead During Corona War?

Can there be class bias and discrimination in dealing with lockdown issues. Can there be class bias and discrimination in dealing with lockdown issues?The Government of UP is sending a fleet of busses to fetch over 9000 students belonging to Uttar Pradesh, who are stranded in Kota Rajasthan. They had gone there for coaching. Rajasthan 's Chief Minister wants other States to take back their students in a similar fashion. Mr. Nitish Kumar, the Bihar Chief Minister, justifiably raises a red flag...

Hounding Of 'The Wire' : Is This The Crucifixion Of Free Press And Democracy?

"The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government". Hugo Black J. and William O Douglas J, majority opinion in New York Times Co. v. United States June 30, 1971Implicit in the actions the establishment uses to muzzle the press, is the silent and persuasive rhetoric which is implemented through the constabulary. With the judiciary's languid response,...

Past Epidemics: How Have Courts Dealt With Them And What Should We Expect With COVID-19?

Force Majeure or an 'Act of God' is typically a contractual construct included by parties as an exception to breach of contract. Several jurisdictions, such as India, do not have a specific statute or a provision under their civil laws dealing with Force Majeure. Parties are bound by the contractually agreed implications. In the absence of a Force Majeure clause in the contract, an affected party's remedy may therefore lie only in invoking the principles of frustration making the contract...

Remembering Ashok Desai And His Service To The LGBTQI Community

In 2006, the LGBTI community got news that Naz Foundation's challenge to the constitutionality of section 377 was likely to be heard by the Delhi High Court sometime soon.When Naz Foundation's petition (Naz Foundation v Union of India And Others, WP(C) 7455 of 2001) had been filed in December 2001 by Lawyers' Collective's team led by Snr. Adv. Anand Grover, there were few who believed that an Indian Court could be persuaded to recognize the rights of sexuality minorities anytime soon. (Bear in...