Articles
Reform Of Illusion: An Analysis On Utility Of Offence Of 'Terrorism' In BNS
The enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS) ushers in a defining moment for India's legal framework, by introducing the offence of terrorist acts under Section 113. Strikingly, this provision is a mirror image of the sections enshrined in Chapter IV of the Unlawful Activities Prevention Act, 1967 (UAPA), sparking curiosity about its purpose and utility. What does this replication mean for the fight against terrorism, and how will it shape legal practice? This article embarks on a...
Absurd Case Against Ali Khan Mahmudabad & Perils Of Chilling Effect
Professor Ali Khan Mahmudabad, Professor and Head, Department of Political Science, Ashoka University was arrested on 18 May 2025 on the basis of two complaints by a Haryana sarpanch and the chairperson of the Haryana State Commission for Women – objecting to his Facebook post, dated 8 May on the ongoing Indo-Pak conflict and related matters in the aftermath of the gruesome terrorist attack in Pahalgam. The widespread condemnation of the arrest is the heartening aspect of this dark moment...
“Spine, Spine, Spine” – A Tribute To Justice Oka
At a program organized by 'The Leaflet' in December last year, Justice Gautam Patel, former judge of the Bombay High Court asked noted legal scholar, Professor Upendra Baxi about the three qualities that a citizen expected to see from a judge. “Spine, spine, spine”, was Professor Baxi's spontaneous response. Sharing the stage with Justice Patel and Professor Baxi was Justice Abhay Oka – a judge who personified this quality.Justice Oka retires Friday (May 23). One can expect richly deserved...
Commemoration Or Commercialization? Battle Over “Operation Sindoor”
As India prepares itself for a war, the Indian Trademark Industry comes across a peculiar registration that has stirred controversy throughout the nation. On May 7, 2025, the Indian Armed Forces, in the dead of the night, conducted a military operation which hit nine terrorist infrastructures situated in Pakistan and Pakistan-occupied Kashmir (PoK). This operation was called “Operation Sindoor”, a response to the Pahalgam attack which took the lives of twenty-five Indian citizens and one Nepali...
India's Unilateral Suspension Of Indus Waters Treaty Does Not Violate International Law
In the aftermath of the terror attack in Pahalgam on 22nd April, the Government of India (GOI) implemented various counter-measures measures against Pakistan, inter alia, suspending the operation of Indus Waters Treaty 1960 (IWT) until “Pakistan credibly and irrevocably abjures its support for cross-border terrorism”. This measure raises pertinent international law issues, particularly since Pakistan has indicated its desire to move various international fora, including the International Court...
From Tort To Trial: Medical Negligence, Consumer Protection, And Rise Of Defensive Medicine
The Age of Medical Paternalism: A Silence Enforced by TrustUntil the closing years of the 20th century, the relationship between doctors and patients in India was shrouded in a culture of profound deference. Medical paternalism, a doctrine that placed supreme trust in the physician's wisdom, effectively insulated doctors from legal scrutiny. Courts were hesitant to intervene, and patients rarely envisioned recourse against those who wielded the scalpel or stethoscope. Medical errors, even when...
Bhushan Power & Steel Judgment: A Judicial Earthquake In India's Insolvency Landscape
The Supreme Court's decision in Kalyani Transco vs M/s Bhushan Steel and Power Ltd , reported as 2025 INSC 621, is far more than a routine appellate pronouncement. It is, in my respectful submission, a judicial earthquake. For those who have previously served on the National Company Law Tribunal (NCLT), this ruling resonates as both a validation and a rebuke: a validation of judicial resolve, and a rebuke to systemic frailty that allowed such a high-profile resolution to unravel. It...
Why Patient Autonomy, Not Procedural Formality, Must Anchor Consent In Indian Medical Law
From Trust to TransparencyFor generations, the doctor-patient relationship in India was built on implicit trust, steeped in a tradition of deference to medical authority. But as medical technologies advanced and patients became more aware, the law could no longer afford to remain on the sidelines. What began as deference to professional discretion has steadily evolved into a legal doctrine that puts the patient's autonomy at the centre of clinical practice.When the Law Bowed to MedicineIn 1957,...
Laundry Services Qualifies As “Manufacturing Process” Under Factories Act, Supreme Court Clarifies
In a recent development related to labour and employment laws, the Supreme Court of India (“SCI”) in State of Goa & Ors. vs. Namita Tripathi, addressed whether a 'laundry business' comprising cleaning, washing and dry cleaning of clothes falls under the definition of 'manufacturing process' as per section 2(k) of the Factories Act, 1948 (“Act”). Also will such a set-up having ten or more employees using power will qualify as a factory under the Act.Before, we dive into the facts of the case...
The Last Jury Standing: India's Unique Parsi Matrimonial Court System
Chandu Madhavlal Trivedi, commonly known as C.M. Trivedi, served as the Chief Public Prosecutor in the landmark 1959 case of K.M. Nanavati v. State of Maharashtra, AIR 1962 SC 605, which is known to be the last jury trial of independent India. The jury, comprising all Parsi members, pronounced the accused not guilty in an eight-to-one verdict, in spite of incriminating evidence presented by the prosecution, which prompted the judge Ratilal Mehta to call the verdict 'perverse'. The judge...
Copyright And Classical Music - Analysis Of Delhi HC Decision
In light of the recent Delhi High Court decision in Ustad Faiyaz Wasifuddin Dagar v.A.R. Rahman this article examines the extent of copyright protection that must be afforded to compositions rooted in Indian classical music, considering its unique traditional fabric. The challenge lies in the test for 'originality' in copyright laws as we understand today. The case involved the popular composition Veera Raja Veera, which the Court found to have infringed upon the earlier...