Articles
Nirbhaya Case: How Disturbingly Clamour For Death Manifested Itself In Courtroom
It would be an understatement to say that the Nirbhaya rape case is more than just a 'legal proceeding'. The entire gestation of this case, the facts involved and the judgments delivered, has galvanised a nation, led to structural changes in criminal law, and surfaced a polarised discourse on punishment and deterrence. Hence, by its very development, it has transcended the limits definitive of a 'legal case'; so much so, it can safely be called an 'event'.There lies the tragedy of it all, the...
'Holy Cow' : An Extract From The Book 'Republic Of Religion' By Dr. Abhinav Chandrachud
(This is an extract from "Republic of Religion: The Rise and Fall of Colonial Secularism in India" by Dr Abhinav Chandrachud. The extract has been published with the permission of the Author and Publisher.) This chapter examines how independent India became less secular than British India by permitting laws that banned cow slaughter. In British India, Muslims were allowed to sacrifice cows during the festival of Bakr Id (the word bakr is Arabic for cow), though Hindus worshipped...
Chinmayanand Bail : An 'Unusual' Order Playing On Textbook Rape Myths
The Allahabad High Court speaking through Hon'ble Justice Rahul Chaturvedi has grantedbail to former Union Minister and BJP leader Swami Chinmayanand. Chinmaynand is accused of sexually exploiting a 23 year old LL.M. student at SS Law college where he is a Director. Previously, District and Sessions' Judge, Shahjahanpur had denied the bail application of Chinmayanand. In my humble opinion, the bail order of the High Court is bad in law and is based on range of myths about rape and...
The Conundrum Of The "Seat" And "Venue" Of Arbitration: When Is "Venue" A "Seat"?
The three judgments of the Supreme Court in quick succession namely Union of India v. Hardy Exploration and Production (India) INC[1] (in short "Hardy's Case"), Brahmani River Pellets Ltd. vs Kamachi Industries Ltd[2] (Brahmani's Case) and the most recent BGS SGS SOMA JV v NHPC Pvt Ltd[3] (BGS's Case), underscore the significance of identifying the "juridical seat" in an arbitration agreement clearly so as to avoid wholly unnecessary litigation. These Judgements also highlight, why...
The Constitutional Challenge To The Transgender Act
On 5th December, the Transgender Persons (Protection of Rights) Act came into force. As is well-known, the Act – that had been in the pipeline for four years – was passed over sustained protests and objections by the trans and intersex community. Among other things, critiques of the Trans Bill (as it then was) focused upon its inadequate definitions, its reification of the gender binary, its failure to recognise different forms of sexual identity, the denial of the right to self-determination,...
100 Years Of Ambedkar's Journalism
Today's date marks 100 years of journalism of Dr B.R. Ambedkar. Popular for his contributions in framing of India's Constitution, this aspect of Ambedkar's life has generally been ignored. In the compilation of his writings published by Government of Maharashtra (2008), Gangadhar Pantawane has aptly remarked, "even after the well-crafted journalistic creation by Babasaheb Ambedkar nobody has recognised him as 'Patrakar Ambedkar'" (p.2; roughly translated from Marathi). Coming back...
Mis-Governance, Corruption Remains Unchecked As RTI Has Gone With 370 Say J&K Govt Officials
After the abrogation article 370, I am getting frequent calls from RTI applicants that Government officials are not providing them information under RTI Act. It is alleged that Government officials are misleading citizens saying RTI law has gone along with article 370 from J&K. Some uninformed people have started accepting this narrative and it is mainly due to lack of legal knowledge among citizens. Even the educated people take this as gospel truth. As I have said there are many...
New Section 17-A Of Prevention Of Corruption Act Promotes, Rather Than, Prevents Corruption
This Section has become the source of confusion and multifaceted interpretations with regard to its applicability to pending actions in respect of offences committed prior to the incorporation of new offences under Amending Act 16 of 2018. My humble endeavour is to steer clear of any lingering doubt in this area. Some of the propositions of law are too well known that they continue to be immutable. The law as it existed at the time of commission of the offence would govern the...
Lessons From Myanmar On Discriminatory Citizenship Laws And Genocide
The International Court of Justice has delivered a momentous verdict against Myanmar on the Rohingya genocide issue in a case filed by African nation The Gambia.This is a big blow to Myanmar's official stand which refused to acknowledge the very identity and existence of Rohingya Muslims. The United Nations top court held that Rohingyas were a "protected group" within the definition of the Genocide Convention, and issued provisional orders directing Myanmar to take steps for their protection.The...
Feigning Dispute Under Insolvency & Bankruptcy Code
Insolvency and Bankruptcy Code, 2016 (I & B Code in short) which is a consolidated Act dealing with reorganisation and insolvency of corporate persons, partnership firms and individuals in a time bound manner with object of maximisiation of value of assets and protecting interest of all stake holders. A Financial creditor/s or Operational creditor may make an application for initiating corporate insolvency resolution process, if the minimum amount of default committed by the...