Articles
COVID 19 : Decoding The Legal Framework For Pandemic Control
Quite recently, the World Health Organisation (WHO) declared the novel Coronavirus (COVID-19) a pandemic. According to the WHO, a pandemic is defined as the "worldwide spread" of a new disease. WHO, however, also remarked that it is a pandemic which can be controlled if governments around the world undertake effective measures. In response to the novel virus which has claimed more than 5000 lives worldwide and affected more than 1,45,000 people, governments around the world have imposed...
Publishing Photos, Names And Addresses On Hoardings Of Alleged Rioters Is A Violation Of Right To Privacy
The Supreme Court on 12th March, 2020 refused to stay the 9th March decision of the Allahabad High Court and directed the registry of the apex court to put up the file before Chief Justice of India for constituting a 'bench of sufficient strength' to hear and consider the case. The vacation bench comprising Justices UU Lalit and Aniruddha Bose was hearing a special leave petition filed by the government of Uttar Pradesh against Allahabad High Court's order to remove the 'name and shame'...
![[Law On Reels] Salaam Bombay : In Times of Collective Revenge, A Story Of Children In Need Of Care And Protection](https://www.livelaw.in/h-upload/2020/03/04/500x300_370865-salaamb.jpg "[Law On Reels] Salaam Bombay : In Times of Collective Revenge, A Story Of Children In Need Of Care And Protection")
Analysis Of Supreme Court's Cryptocurrency Judgment
On 31 October 2008, Satoshi Nakamoto, a presumed pseudonymous person(s), presented a paper titled "Bitcoin: A Peer-to-Peer Electronic Cash System". The intention was to create a decentralized digital currency that would operate without a central bank through an open-sourced network using cryptography to verify and validate transactions. There would, under this model, be no need for any intermediaries, and each transaction would be recorded on a public ledger called a blockchain. At least since...
The Possible Aadhaar-NPR-NRC Link : A Cause For Concern?
Background The UIDAI has been consistent that Aadhaar is not a citizenship proof. Foreigners who earn business income in India and are considered as tax residents, need to enroll for Aadhaar to file tax returns because of the mandatory PAN Aadhaar linking. Further even NRIs and PIOs who have stayed even for a day are eligible to apply for it. This categorization (Resident or Non-Resident) is self declared during enrollment. NRIs, PIOs and foreigners typically use their...
Why UK SC Judgment On 'Operation Exposure' Cannot Be Used To Justify UP Govt's 'Name & Shame' Banners?
Appearing for Uttar Pradesh government in the Supreme Court, the Solicitor General of India placed quite a heavy reliance on a judgment of the Supreme Court of the United Kingdom viz. in the matter of an application by JR38 for Judicial Review (Northern Ireland), (2015) UKSC 42, to justify the 'Name and Shame' banners erected by Uttar Pradesh administration. The March 9 judgment of Allahabad High Court had directed the removal of these banners erected by the UP administration in Lucknow...
Exploring Corollaries Of The "Me Too" Movement In India
Following allegations of sexual misconduct against film producer Harvey Weinstein surfacing in October 2017, the Time Magazine declared "The Silence Breakers" as the "2017 Person of the Year". This article had featured stories from women and men who had suffered from sexual harassment and/or sexual assault. The profound reality that emerged from this chain of events was sparked by "Me Too" declarations across the globe, was that that sexual harassment and/or sexual assault surpassed ...
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...