Bhima Koregaon : Blind Spots Of Majority Judgment

The dissenting judgement outweighs majority judgement in legal and factual reasoning.It is quite natural that the same set of facts will be perceived differently by different people. This can happen in judicial process too. Instances are galore,where different judges draw different inferences from the same set of facts presented before them. That is why we see appellate courts reversing trial court judgments on facts and judges on a single bench delivering dissenting opinions on factual...

[The Tuesday Column] Triple Talaq Ordinance: The Modi Govt’s Shah Bano Moment

In the landmark judgment of Shayara Bano vs. Union of India, the Supreme Court has held triple talaq or “talaq-e biddat” to be unconstitutional and in violation of Articles 14 and 13(1) of the Constitution of India. The court found this practice to be arbitrary as it permitted the termination of the marital relationship without any effort of reconciliation. With this judgment, the Supreme Court has rendered instant triple talaq by a Muslim man null and void. Therefore, despite such pronouncement...

Cross Border Insolvency “From Teritorialism To Universalism To Modified Universalism”

 “Exercising discretion and applying the law locally is hard enough (for a judge). Doing so in an international setting “ups and ante” especially when the notional claim amounts exceed $1million as they did in Lehman”[i] The above statement perhaps brings out the true state of challenges and complexities which cross border insolvency proceedings throw open at international arena. The challenges still linger on despite the system having handled the cases of the complexities and dimension such as...

The Criminalisation Of Triple Talaq – Is It A Doom Of Criminal Law?

The archaic practice of the triple-talaq which is said to be oppressive to Muslim women was struck down last year by the Hon’ble Supreme Court of India in the case of Shayara Bano v. Union of India, as unconstitutional. Since then the debates have revolved around the criminalisation of practice of triple-talaq in order to deter Muslim men to resort to this fundamentally oppressive method. The discourse on the issue of criminalisation has been centred around arguments on grounds of religion,...

Blasphemy Law: A Weapon For Insecure Believers

In a mature democracy, speech ought to be countered with more speech and not with jail and violence.Section 295A of the Indian Penal Code, India's thinly disguised blasphemy law, is in news again, for wrong reasons as usual. Last week, Abhijit Iyer-Mitra, a Delhi based journalist, was booked under this section for a posting a satirical video on the erotic sculptures in Konark Temple.  The jestful tone of the video did not appeal to many, and the momentous social media outrage caused the Odisha...

Draft Rules On e – Pharmacies: Not the Right Prescription

The increasing popularity of e-commerce, including e-pharmacies, is undeniable. E-pharmacies offer the comfort of shopping from home, privacy, and price discounts. It also allows access to drugs, not available locally.However, risks exist in buying drugs online. Supply of fake and illegal drugs; abuse on account of fake or forged or no prescriptions; lack of verification of the ultimate user; unhealthy competition; abuse of critical health data generated online; and mishandling during transport;...

Justice Ranjan Gogoi : A Judge Mindful Of Our Times

“Mr. Counsel, you addressed our hearts the entire afternoon yesterday. Kindly address our heads today”. This remark came from the then junior most Judge of a three Judges Special Bench of the Supreme Court, Justice Ranjan Gogoi during a hearing in 2013 in the Samaj Parivartana case pertaining to encroachment and other illegalities committed by miners in Karnataka. Known for his few and firm words, Justice Gogoi will take charge as the Chief Justice of the Supreme Court of India with effect from...

Patents Vs. Farmers Rights TRIPS Obligations

Efforts of Multinational Corporations (MNC’s) to expand their Intellectual Property Rights (IPR’s), beyond the scope of the existing laws, received a jolt. A Division Bench of the Delhi High Court in Nuziveedu Seeds Ltd. & Ors. Vs Monsanto Technologies LLC & Ors.[1] (The Monsanto Judgment) rejected the patents claim of Monsanto Technologies (Monsanto) in respect of genetically modified Cotton Seeds. The court held that exercising option under Article 27(3) (b) of the ‘Trade-Related...

Triple Talaq Ordinance: Another Failure Of Govt To Build Consensus

Among Muslims, instant triple talaq is the practice under which man can divorce his wife by simply uttering “talaq” thrice. It is followed by few sections of Indian Muslims, majority of whom are followers of the Hanafi school of Islamic Law. A frowned upon practice is neither a universal nor followed by most muslim-majority countries. It’s misuse by men then breaks the idea of gender justice, dignity and, equality, therefore last year the Supreme Court of India banned the practice calling it...

When Brecht Speaks As Ambedkar

Citing literary sources, turning to parables, prose, plays, poetry is the wherewithal of political discoursePolicemen and policewomen are not mindless digits in khaki. They have all been to school. Many of them are MAs, some PhDs. And they have families, friends just like anyone else who has not been clad in hide-tough uniforms the whole day. When at end of duty hours they return home, get back to home-clothes, settle down to a tired day’s evening, like anyone else, they talk of all they went...

India’s Arbitration/Alternate Dispute Redressal Mechanism – Is It A Trap Or A Genuine Redressal Mechanism ?

Undoubtedly, the Indian Arbitration Act of 1940 had failed. Barring Government / PWD / DDA Contracts, that imposed arbitration Clause(s) upon Private Contractor(s), India’s alternate dispute resolution mechanism convinced or attracted none. In writing it’s epitaph, Justice D.A. Desai lamented -“Interminable, time consuming, complex and expensive court procedures impelled jurists to search for an alternative forum, less formal, more effective and speedy for resolution of disputes avoiding...

Legal Education : Looking Beyond National Law Schools

India is such a vast country with a population of more than 1.3 billion. Out of the total number of seats available for people to study law, national law schools and high profile private law universities constitute only a small fraction. Merely improving the quality of education in top Indian law colleges will not be sufficient. Further, national law schools and popular private colleges are very expensive, with their fees running into a few lakhs every year. Such fees are outside the reach of a...