Odyssey: A Genesis Of Chronicling The Experiences Of Women Lawyers

It has been a long journey since 1923, when Cornelia Sorabji was called to the Bar. Ms. Sorabji tread an arduous path, replete with gender discrimination and financial barriers. Despite, securing the top rank at the Degree Examination, which qualified her for a Scholarship to study at Oxford, Ms. Sorabji was denied the scholarship as it was reserved exclusively for men. This pioneer, India's first woman lawyer thus charted a path, which has since been followed by many women. Today, the...

Courts and COVID-19- Are We Prepared Enough?

Corona is matching "my lord", in terms of the frequency with which it is uttered these days in the Court premises. The World Health Organization has now declared Covid-19 as a "global pandemic". Going by the advisories issued by the World Health Organization and the Ministry of Health, Government of India, it seems that courts are quite susceptible to becoming the medium of spreading the infection. The recent episode of spread of swine flu in the Supreme Court holds testimony...

If Judges Don't Pretend To Be Judges, They'll Be Mistaken For Elected Representatives Of A Populist State

'Let the jury consider their verdict,' the king said, for about the twentieth time that day. 'No, no!' said the Queen. Sentence first, verdict afterwards.' ' Stuff and nonsense!' said Alice loudly. 'The idea of having the sentence first!' 'Hold your tongue!' said the Queen, turning purple. 'I won't! said Alice. 'Off with her head!' the Queen shouted at the top of her voice. Nobody moved. 'Who cares for you? said Alice. 'You 're nothing but a pack of cards!' Before the...

UP Banners Case : Reflections On SC's Reference Order

The Supreme Court's order of reference in the UP Banner's case does not sufficiently mirror the seriousness shown by the Allahabad High Court in a matter affecting fundamental rights of citizens and governance in accordance with rule of law. The Allahabad High Court had directed the 'forthwith' removal of hoardings and posters erected by the UP administration publishing the names, addresses and photographs of persons accused of causing violence during anti-CAA protests.The HC passed the...

Coronavirus Outbreak & Force Majeure: An Indian Perspective

Introduction The macabre of the novel coronavirus (also commonly known as "COVID-19")[1] has engulfed within its fold as many as 112 countries and territories around the world and international conveyance (the Diamond Princess cruise ship harbored in Yokohama, Japan)[2]. This virus has found a foothold on every continent except for Antarctica. There are now about 119,223 reported cases and more than 4,299 reported deaths[3] attributed to this new virus and in several countries, the...

The Revenge Strategy Of Uttar Pradesh : High Court Comes To Rescue Of Criticism And Protest

A new anti-democratic strategy has been introduced in the northern part of India, to frighten the 'criticism', threaten 'dissent' and suppress the 'protest' against the policies of the Government. After raising tensions, spreading hatred, and making people ready to fight each other, the address of the protestors along with their magnified photographs were publicised. UP Chief Minister Yogi Adityanath reportedly directed such publishing of posters on the walls in the key centres of...

Court Rules & RTI : SC Verdict Subverts Right To Information

The Court's ruling that Court Rules will prevail over RTI Act can have a negative impact on Right to Information.

The Near Impossible Burden Of Proof For Citizenship

Though there are some legal proceedings where documents are admissible even without proof by issuing authorities, no such relaxation is given for proving citizenship.

Criminal Appeals And Setting The Muralidhar Standard Of Performance

Recently, the Supreme Court decided a criminal appeal where it found the accused not guilty of murder and acquitted him. In setting aside the Calcutta High Court's judgment, the Supreme Court held that the "circumstances relied by the prosecution to prove the guilt of the appellant were not complete". While this should have come as a huge relief to the accused, the fact that it came 36 years after he had first been convicted for murder, and a whopping 10 years after the appeal was filed in...

Civil Rights At The Bar Of the High Courts: Section 144 in Karnataka, Privacy In UP

On 13th February 2020, in Sowmya Reddy v State of Karnataka, the High Court of Karnataka held that the imposition of Section 144 throughout the city of Bengaluru for a period of three days, had been unconstitutional. The Section 144 order had been imposed between 19th and 21st December 2019, in the wake of anti-CAA protests. The arguments before the High Court took a now-familiar form: the petitioners argued a violation of the rights to free speech and assembly, while the State responded by...

Defining The Political: The Supreme Court's FCRA Judgment

The Foreign Contribution (Regulation) Act – as the name suggests – regulates the circumstances under which individuals or bodies can accept funding from foreign sources. Section 3(1)(f) of the Act prohibits any "organisation of a political nature" from accepting foreign funds. The power to specify an organisation as a "political organisation" flows from Sections 5(1) and 48; the Central Government, having regard to the "activities", "ideology", or "association … with the activities of any...

[Women's Day] The Veil Of Morality Laid On Bride Trafficking In India: Challenges & Solutions

"We cannot all succeed when half of us are held back" – Malala Yousafzai While marriage remains to be a solemn and sacred institution in India whereby consent of the two partners is the touchstone, the odious practice of bride trafficking has its roots well established wherein the fundamental and most basic human rights of the trafficked females are utterly violated. According to the 2016 National Crime Records Bureau, 33,855 people were kidnapped or abducted for the...