Articles
'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...
How To Crack The Advocate On Record Examination
The Advocate on Record Examination conducted by the Supreme Court of India has earned the reputation of being notoriously hard to crack. Though having already been put through the mill, I am here to attempt to demystify the shroud of uncertainty that deters many aspirants from taking the examination. The primary source of encouragement for writing the present article has been the Novel Corona Virus (Covid-19), which has made most lawyers brief-less, including me. Why Become an...
The Virtual Court Must Be Live Streamed Not Video Conferenced
The 20th century was one of idealism, where the world questioned political and economic authoritarianism and people fought and died to universalize the principle of equality, fraternity and democracy. These principles have built a fairer world and held power to account reducing arbitrariness and improving efficiency. It is surprising then, that the 21st century has unfortunately been one of cynicism and individualism, where fear, real or manufactured by propaganda, has seen people...
Impact Of Lockdown Due To COVID-19 On Mandatory Timelines Prescribed Under The Arbitration & Conciliation Act, 1996
The number of cases of COVID-19 has rapidly increased throughout the world, leading to a world-wide crisis. This is not only a health crisis but also has impacted the financial conditions of many countries which are affected by this pandemic. Even in the countries where the reported number of cases infected by the virus is comparatively low, the risk of a financial collapse of the country is high as these countries are maintaining a lockdown to promote self isolation and social distancing....
The Curious Case Of Serajuddin Ansari
This is the story of one Serajuddin Ansari resident of Bikram, Distt Patna, Bihar. On 15.2.1984, he asked his mother for milk to which his mother answered that she could not bring it because he had not given her money for it. A minor altercation took place between the mother and son and on the spur of the moment, he picked up a stick used for stirring rice and struck her on the head due to which she died. He was arrested and remanded to judicial custody on 16.2.1984. Thereafter, between...