Articles
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,...
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...