Articles
The Karnataka High Court's Troubling Decision On The Right To Education Act
On 31 May, a division bench of the Karnataka High Court handed down its judgment in RTE Students and Parents' Association v State of Karnataka, upholding the constitutional validity of Rule 4 of the Karnataka Right of Children to Free and Compulsory Education Rules of 2012. The background is this: Section 12(1)(c) of the Right to Education Act requires private schools to admit – to the extent of 25% of the strength of their Class I batches – students belonging to "the weaker sections and...
Civil Rights At The Bar Of The High Courts: The Madras HC On Gag Orders And The Kerala HC On Voting Rights
Two High Court judgments delivered this month have restated certain important constitutional principles.The Madras High Court and InjunctionsThe first is the judgment of the Madras High Court in Ms Menaka v Arappor Iyakkam, delivered on 3 June by R. Subramanian J. In this case, a politician and certain government contractors ["the Applicants"] had filed a defamation suit against the Respondents. The Respondents had published certain claims regarding corruption in the award of government...
Obiter Dicta And Ratio Decidendi-A Tug of War
Over the years there have been many questions raised and a lot has been written on the subject on what determines obiter dicta and ratio decidendi. Legal academics have been arguing ever since over this and there hasn't been a single concrete conclusion, yet it also hasn't given us the liberty and room to interpret this maxim as we please. It does however clarify our doubts and confusions and warns us of certain errors and traps we may fall into with regard to obiter dicta and ratio decidendi....
Citizenship Dilemma : Delay By Foreigners Tribunals Adding To The Woes Of 'D' Marked Voters Of Assam
In the year 1997, Election Commission of India had undertaken an intensive revision of electoral rolls in the State of Assam as apprehensions were expressed from various quarters that the electoral rolls were infested with the names of foreigners/illegal migrants. In the Course of exercise, Citizenship status of as many as 3, 13,046 persons whose names were in the draft voter lists were found to be doubtful and accordingly they were marked as "D" voters in the electoral rolls after local...
The Ethical Relevance Of Holding Doctors Vicariously Liable For Negligence
Recently, the National Consumer Disputes Redressal Commission (NCDRC) passed a significant judgment holding a senior doctor as well as the hospital vicariously liable for the medical negligence of the doctors working under his supervision.In the present case, a three-year-old girl who was undergoing treatment for cancer was given a medicine by negligently following the wrong procedure which worsened her situation and eventually led to her sad demise. The wrong procedure was followed by a couple...
Punjab & Haryana High Court Judgment Giving Personhood To Animals Is Lightyears Ahead Of Our Time
"The universe along with its creatures belongs to the land. No creature is superior to any other. Human beings should not be above nature. Let no one species encroach over the rights and privileges of other species."