Articles
Mamata Banerjee, Priyanka Chopra And Aishwarya Rai: What Bonds Them Together And Why?
On 14-05-2019 the Supreme Court of India created one more example of broadening the freedom of speech when it ordered for the immediate release of Priyanka Sharma, a BJP activist. Sharma had allegedly posted a meme of Mamta Banerjee which contained a morphed picture of Mamata Banerjee on Priyanka Chopra's image that was taken in Met Gala, 2019. Chopra was heavily trolled for her attire and make-up and several people started created memes with Chopra's picture. The Supreme Court on an appeal...
Can Apollo Marry Hyacinth In India ?
Homoerotic narratives have never been a novelty in the western culture. In Greek mythology, Apollo loved Hyacinth, a handsome Spartan prince. Their gleeful love affair even defied death. The loving duo enjoyed together hunting and climbing mountains. Apollo took Hyacinth into his sacred lands in the chariot drawn by swans. The jealous West wind Zephyrus killed Hyacinth and Apollo created a flower, the hyacinth, to immortalise his darling.So also Zeus, the king of Greek gods, loved Ganymede, the...
Birla v. Adventz: A Snapshot Of The Supreme Court And Criminal Law & Procedure
I happened to be in the Supreme Court in February when arguments were being addressed by parties in Criminal Appeal No. 875 of 2019, Birla Corporation Ltd. v. Adventz Investments & Holdings Ltd. & Ors. (Connected with Crl. Appeal Nos. 876 of 2019 and 877 of 2019). It was a great experience as some of the country's most famous lawyers were addressing the Court, Not on a nuanced issue of constitutional law, but on whether a High Court had erred in quashing summons issued on a criminal...
One-Sided Justice- Writes Justice (Rtd) Madan Lokur
Eleanor Roosevelt said: Justice cannot be for one side alone, but must be for both. Was justice done to the Supreme Court staffer who made two allegations on affidavit - firstly of unwanted physical contact by the Chief Justice of India and secondly of victimisation. For the present purposes, I would only like to consider the allegation of victimisation. The allegation of victimisation relates to a departmental inquiry that continued despite the hospitalization of the complainant; her dismissal...
Election Commission That Failed Itself
The apolitical institutions of India in the last five years have become more political, flag-bearers and slowly turned into the fan-boys of the ruling establishment. They seem to exist but like the lamp posts without the lamps. We must learn that a democratic society crumbles where institutions do not cherish the hope of neutrality but deceive. When the institutions become cheerleaders, the political leaders become the institutions in themselves. There is a saying in the Finnish culture...
Clean Chit to CJI : Why The Doors Of Justice Completely Closed ?
After a few protests and arrests, the woman complainant (of sexual harassment against Chief Justice of India) has been forgotten by judges, lawyers and media. Staring substantial injustice is that there is no avenue for the victim to go. Action (so-called) on complainant ended in 15 days without any hope of review, appeal or further action. Ubi jus ibiremedium is an age-old legal maxim meaning where there is right there shall be a remedy. If the complainant, has a right to live and work, where...
A Misuse Of Power: BCI's Condemnable Response To The Complaint Against The CJI
On May 15th, LiveLaw reported that the Chairman of the Bar Council of India (BCI), Manan Mishra, raised concerns over women taking undue advantage of the law to falsely implicate men in cases of gender-based violence. These comments are the latest in a series of troubling statements from the BCI in the wake of the sexual harassment complaint against the Chief Justice of India (CJI). It bears repeating that the complainant's only ask has been for a fair inquiry into her complaint. Yet it is...
Anti-Abortion Legislations In USA- Understanding The Law In America And India
United States of America ('USA') is touted to be one of the most progressive countries in the world. The country is lauded for its pro-liberty stance on the rights of citizens. However, the state of Alabama in USA is in the news for passing legislation that curbs liberty and autonomy of women, by banning abortion even in cases of rape and incest (except in cases where there is a serious health risk to the mother). The Bill although does not make the woman criminally liable for the...
Why & Who To Apologize?
A very unfortunate episode, showing the arbitrary conduct of the West-Bengal Government towards the sacrosanct right to expression was partially ended with an un-called and forced apology by the accused- Priyanka Sharma, who was arrested and sent to the 14 days judicial custody, for just "sharing" a photo in which Mamta Banerjee`s face was morphed on the form of actress Priyanka Chopra, who is representing India globally, in the field of entertainment. She was picked up by the Police from...
Supreme Court: Caught Betwixt Populism And Activism
The UPA regime saw the Supreme Court become an important part of public discourse. The cancellation of spectrum and coal allocations defined the anti-corruption Campaign. In the run up to the 2014 elections, the Court's orders against the executive were seen as a reflection of its independence. Five years on the Court is struggling to remain credible. On one hand it appears to buckle under the diktas of a majoritarian Government; on the other it looks unsettled with a social media that demands...
A Note On The Supreme Court Judgment Relating The Constructions Carried Out In Maradu
CONSTITUTION OF INDIAArticle 300 A of the Constitution of India states that no person shall be deprived of his property save by authority of law. Entry 17 of List II of the Seventh Schedule of the Constitution of India – Water, that is to say water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of Entry 56 of List I. Entry 56 of List I of the Seventh Schedule of the Constitution of India -Regulation and development of...