The Supreme Court Must Be Above Suspicion – But Is It?

At the Roman Festival of Bona Dea, a woman-only ceremony in ancient Rome, a politician Clodius managed to enter, disguised as a woman. His purpose, unbeknownst to most, was to attempt to seduce Pompeia, Julius Caesar’s wife. Though Pompeia had little inkling of this, Caesar nonetheless divorced her. His reason –“even Caesar’s wife must be above suspicion” – might seem an extreme and puritanical norm of propriety. But it is a norm that the Supreme Court of India has used extensively to demand...

The Role Of The Unconscious And Irrational In Law: A Psycho-Social Gaze

Many of us as lawyers or litigants may at times have witnessed or been a party to an irritable exchange between the judge and a lawyer in the court. All of us are human and irritation, anger, frustration and perceived provocations impact rational and balanced thought.However, often the judge may be heard to observe that he never lets exchanges with counsel impact the merits of the case and the interests of the clients involved. This could be due to the image of a judge as a person unaffected by...

Gymnasiums In High Rise Buildings Are A Source Of Nuisance – Need Regulation

Neighbors in high rise buildings say that commercial gym users slam down weights and these crashing and clanging weights are the cause of unreasonably heavy vibrations and excessive noise. Adding fuel to the fire, the gyms are also resorting to playing loud music throughout the day till late night, which is causing great disturbance to the residents in the building as well as in neighboring buildings. Heavily built and muscular gym users grunt and drop weights so loudly that it kills the peace...

The Perils Of Judicial Impulsiveness

[This Article was first published in Law And Other Things. It is published here with permission from the Author and LAOT ]To say that there has been an alarming fall in the standards of competence and integrity among judges in India in recent decades would, as an exercise in understatement, be on a par with noting that deserts are a little hot, dry and sandy. That the problem has affected all levels of the Indian judiciary – from the magistracy to the highest court in the land – has been a...

Evils Of Pre-independence Era Policing - Dare We Revisit?

The shocking news of mob torching a police station in Bihar's Bojpur a couple of days back and injuring 14 police man, following an alleged custodial death, once again brings the pivotal issue of 'policing' to the forefront.Police are supposed to secure life of the mortal being. They safeguard the personal liberty of an individual and are also mandated by law to protect private property. State acts through police to prevent private retribution and thereby, ensuring maintenance of peace. The...

Should A Lawyer Have A “Writer’s Mind”? [Part - 1]

Quite often we hear of the phrase “you write like a lawyer”. Clearly, lawyers are associated with intense, dense, jargon- ridden, complex content. The truth is legal writers are faced with more challenges than other writers.The challenge lies in writing cogently and with persuasion on complex matters with high stakes for readers who are not entirely familiar with the nuances of legal writing.Not only do lawyers have to focus on the law, they also have to “think like a writer”.Although it is...

Time Bound Arbitration: The Merits And Implementation Disabilities Of Section 29A

In spirit, the purpose of alternatives to the court process is speedy, efficient and cost-effective dispute resolution. A consequence of arbitration in India defeating this purpose is the “well intended” Section 29A of the Arbitration and Conciliation (Amendment) Act, 2015 (AC 2015).Section 29A imposes a 12 month time frame on completion of an arbitration proceeding, from the date of reference of case to arbitration (i.e., from the date on which the arbitration notice is issued). The question...

Open Society And Its Friends

The war of ideas is a Greek invention. It is one of the most important inventions ever made. Indeed, the possibility of fighting with words and ideas instead of fighting with swords is the very basis of our civilization, and especially of all its legal and parliamentary institutions.Karl Popper, Conjectures and Refutations: The Growth of Scientific Knowledge, 1963In 1945, Karl Popper released his seminal work titled `Open Society and Its Enemies’. It was a book which assumed significance gained...

Gurmehar, Arunima & Freedom Of Expression - An Open Letter

ToFellow countrymen,“I don’t agree with what you say but I will defend to the death your right to say it.” – Arguably the most apt (modified) statement India must learn today. I refrain, deliberately, from commenting on whether what Gurmehar expressed or what Arunima conversed with her batchmate is correct or incorrect. The very reason of penning this piece down is to ask you to limit yourself from attacking the very foundations of a freedom, which both of them, like you, carry along.Few notable...

5 Legal Rights That Every Woman Should Know About!

We hear people saying that India is not a safe place anymore and that offences and crimes against women has been rising rapidly. Where goddesses are worshipped while women (of any age) are raped, grouped and harassed. The only way out to keep an eye on such horrific happenings is to make laws and rules stricter to keep a check on such shaming crimes, but also on the other hand these laws are also misused to cater evil motives.Most people are unaware of their legal rights until they appoint...

Surprise Changes To All India Bar Exam Syllabus (For Tenth AIBE In March 2017)

We noticed that the syllabus for the All India Bar Examination has been changed, relatively quietly. There is no new notification on the website for the exam (http://allindiabarexamination.com), but those who click on the syllabus link on the homepage and go through the syllabus carefully will notice that there is some difference. We are not clear exactly when this change took place, owing to absence of a formal notification. Further, on first glance you would not notice a change, since the...

UGC 2016 Regulation and the Future of Higher Education in India

As the human body needs a proper meal for nourishment in the same way education is needed for the nourishment of human mind.Education is the sole factor to the difference between animals and human. Historically, education in India only restricted to a certain caste that dominates the majority of the population. Alas, till the date things are more or less same. It is highly unfortunate that almost seven decades has come to complete after the enforcement of Indian Constitution but education has...