Articles
Legal Landscape Of Cosmetic And Reconstructive Surgeries
The field of cosmetic surgery occupies a unique and increasingly contested space within modern medicine. While traditionally, medical practice has been understood as the science of diagnosing, treating, and preventing disease, cosmetic procedures challenge this premise by often focusing on aesthetic enhancement rather than health restoration. This divergence has led to significant legal complexities, especially as the demand for such procedures grows and expectations around outcomes become more...
Right To Cool And Its Implications On Indian Workforce: A Statutory Gap
The increase in global temperatures represents one of the most pressing challenges of the 21st century. As the season of summer is gearing up, the temperature in some parts of India, particularly northern India is notching up to 35-40 degrees Celsius; it would not be taken as a surprise if it were to breach the level of 50-55 degrees Celsius at around May and mid-June. The Indian Meteorological Department has issued a prior warning related to heat waves affecting the lives and health of people...
Testimony of An Accomplice – Any Shift in the BSA?
An “accomplice" is an associate or partner in a crime.1 The expression "accomplice" is not defined in the Indian Evidence Act or in the Bharatiya Sakshya Adhiniyam (for short 'the BSA'). However, it is accepted that the word “accomplice" is used in its ordinary sense in the statutes. The evidence of an accomplice is usually admitted on the ground necessity, it being often impossible, without having recourse to such evidence, to bring the principal offenders to justice. The two...
A Step In Regression: Stamp Duty On Arbitral Awards In Maharashtra
Stamp duty is a tax on legal instruments, intended to validate documents and generate revenue for the state. Though it is a legitimate source of revenue for a state, overdoing or overcharging on one head has historically shown that such move affects adversely the relevant transactions and ultimately leads to loss for the state from such overcharged transaction or head. In India, stamp duty on arbitral awards is governed by state-specific legislation. Maharashtra, one of India's largest...
Jan Vishwas Act, 2023 & IP Law: A Shift From Punishment To Proportion
The Jan Vishwas (Amendment of Provisions) Act, 2023, brought significant changes to the arena of Intellectual Property and its related legislation and framework. It came into effect on August 1, 2024, intending to decriminalize certain offenses under IP statutes that are punishable by hefty fines and rigorous sentences, even though they are minor offenses. It is always a point of contention that India follows the reformative theory, which aims to reform criminals- i.e., to wipe out the sin, not...
A Plea For Reform - Court: State Vs A Nobody (A Film Review)
A girl who has finished her Class 12, but is a minor. A boy slightly older - an adult, who has dropped out of school. They become acquainted through a friend, the girl makes the first move, calling him. They talk on the phone, then again. A new, captivating feeling blossoms between them. Unbeknownst to the girl's family, she and the boy begin to connect deeply, eagerly anticipating each other's calls. They talk for hours, almost everyday. Rather, whenever they get a chance. Sometimes, the...
Ambushing Tenets Of Constitutionalism: Contemptuous Disregard For Supreme Court's Orders
The Indian democracy is built on the tenets and sacred principles of constitutionalism that mirrors democratic propositions, fundamental postulates of rule of law, and the renowned jurisprudential philosophy of constitutional obedience. The courts are accorded the constitutional status, because they are entailed to perform the most indispensable and important function of a democracy. To protect the fundamental rights of the citizenry and to beautifully stabilise the socio-economic...
Concise, Clear, and Compelling, Justice Oka's Judgments Defined Judicial Brevity
Calm, clear-headed, and deeply committed, Justice Abhay Shreeniwas Oka distinguished himself through his discipline, clarity, and unwavering dedication to delivering timely and meaningful justice. Demitting office as a Supreme Court Judge, he leaves behind a legacy marked by a remarkable judicial career shining as one of the brightest stars in the Supreme Court's constellation of prominent Judges, illuminating the path of justice with courage and integrity, free from fear or influence. In our...
Judicial Contradictions And The Fragility Of Circumstantial Evidence — A Case Study Of Ramkirat Munilal Goud V. State Of Maharashtra
“The law is reason free from passion,” said Aristotle—but in the tragic labyrinth of crime and punishment, even reason can be led astray, and passion mistaken for justice. And yet, sometimes, fate intervenes. Not to forgive, not to forget, but to correct.Prologue to Doom:-In the shadowy tenements of Thane, Maharashtra, a little girl disappeared. What followed was a tale woven from the fibres of grief, outrage, and flawed deduction. The scene—chaotic. The investigation—hasty. The...
Inside the Chambers of Justice Abhay Oka: A Law Clerk's Reflection
In the days following Justice Abhay S. Oka's (hereinafter “Sir”) retirement, much has been said about his jurisprudence, his integrity, and his immense contribution to the Indian judiciary. But beyond his reported judgments lies a story that's rarely told, the story of Justice Oka as a mentor. This article is an opportunity for me to offer a glimpse into what it was to work with Sir.On one lazy November afternoon in 2021, I received a call that fundamentally changed my career path. It was from...
India's Healthcare Challenges And Urgent Need For Comprehensive Health Policy And Insurance Reforms
Healthcare is a fundamental human right. Yet in India, despite constitutional mandates and sporadic governmental initiatives, access to affordable, quality healthcare remains elusive for a significant section of the population. Medical insurance has evolved more as a tax-saving instrument than a meaningful protector against health crises.In contrast, countries like Canada, Australia, and New Zealand offer robust national healthcare systems that assure free state-provided healthcare, making...
