Bar, Bench & Women

The ductile doctrine of equality before law, enshrines within itself equal protection of laws and equal treatment by state. Judiciary does, and it must, symbolise equality before law in letter, form and spirit. It must be the endeavour of the state as well as the judiciary to uphold proper and proportionate representation of all sections of the society at the bar and more so at the bench. With deep anguish, I have to write that women have conventionally not been treated at par with their male...

Role Of Lawyers In The Rule Of Law

“True, we [lawyers] build no bridges. We raise no towers. We construct no engines. We paint no pictures - unless as amateurs for our own principal amusement. There is little of all that we do which the eye of man can see. But we smooth out difficulties; we relieve stress; we correct mistakes; we take up other men’s burdens and by our efforts we make possible the peaceful life of men in a peaceful state.” - John W. Davis Rule of Law:The notion of the “rule of law” stems from many traditions and...

To Be Or Not To Be – It Is Ultimately HER Choice And So Shall It Be!

Nineteenth day of September 2016 saw twin judgments of the High Courts, one of Chennai and another of Bombay, both proclaiming the rights of the woman over her own body and choice over child bearing. Though I had seen the judgments in Live Law, did not initially give any thought to it, as it was taken as a mere known fact and a clear declaration of law as it is and as such not stimulating any interesting legal discourse.But somehow the judgments surfaced many times in my mind, though I tried to...

Casket Of Dadri Lynching Accused Draped With Indian Flag; Violation Of Flag Code

Photos of the casket of Ravi Sisodia, one of the accused in the Dadri lynching of October 2015 have been circulating in today’s newspapers. The Indian national flag is placed upon his casket, which falls directly in violation with the Flag Code of India 2002. Legally, the custom of the Indian Tricolour being placed over funeral caskets has been reserved for members of the Armed Forces, which the deceased does not fall within.Relevant provisions under the Flag Code of India 2002 are Part 2...

A Critique Of Delhi High Court Judgment In DU Photocopy Case

A lot has been written on the recent Delhi High Court judgment in The Chancellor, Masters & Scholars of the University of Oxford & Ors. V. Rameshwari Photocopy Services & Anr (“DU Photocopy case”). While many hail this judgment for promoting ‘access to education’, we can only respectfully disagree with its legal reasoning, methods of interpretation and the resultant legal outcomes. As to summarise, the Delhi high court held that the making of course packs (compilations of limited...

Justice Gopala Gowda: A People’s Judge

Justice V Gopala Gowda who retired yesterday from the Supreme Court is known for his strong views and conviction on issues touching the weak and poor. His judgments reflect his strong character, pro-people decisions and exceptional legal acumen. Singur land acquisition case: The most recent one is the Singur land acquisition case, in which the Supreme Court quashed the acquisition of 1,000 acres of land in Singur given by West Bengal’s Left Front government in 2006 for Tata’s Nano project,...

Beef, Bottle And The Right Of Privacy

Two recent notable judgments; mutually exclusive of each other; deal with ‘Right of privacy’ extensively and interestingly differ in construing it in Indian constitutional jurisprudence. Chronologically, the Bombay High Court in Shaikh Zahid Mukhtar v State of Maharastra (Beef Ban judgment) held Section 5D of the Maharashtra Animal Preservation Act, 1976 as ultra vires the Right of Privacy. And 2 days back, the Patna High Court in Confederation of Indian Alcoholic Beverages v State of...

Deconstructing Justice Katju

In his blog ‘Satyam Bruyat’, Justice Katju has for quite some time been  taking digs at everyone and everything.  The frequency and intensity of his social media activism has gathered considerable momentum in the last few months.  His fingers are constantly on the move, it is not mere facebook posts or tweets,  it is an act of 'postering' all across the social media. He seems to be unperturbed of opinion being formed about him, the Court once he presided or judiciary as a whole.The causality is,...

Social & Environmental Aspects Of Crime

The term crime is referred to as unlawful action which is punishable by the state. However, in modern criminal law, this concept is viewed to have universally and simple accepted definition, but statutory definition have been given for a particular reason. Similarly, crime is also deemed as a harmful act not only to some people or person but also to the community, state or society, and criminal linked acts are punishable and forbidden by law (Akers, 2011).The way social and environmental aspects...

Tug Of War For Power Supremacy & Casualty Of Justice: A Critique On The Cauvery Dispute Resolution Process And Its Effect

The Cauvery dispute is developing itself into a bigger legal crisis – not just a “lis” between Karnataka and Tamil Nadu, but into an in-depth constitutional crisis.The debate over sharing Cauvery water predates to the late British era (1890s), wherein the Mysore princely state and the Chennai presidency (which was under the British Raj) had to come into terms with agreeing on a divide. The contention really arose when, in 1910, both states started devising plans for construction of dams. The...

Restraint Of Trade: Emerging Trends

IntroductionIn the modern era, the concept of practicing one’s trade, profession or business has evolved a long way compared to how it was perceived in the yester years. The law has also as a matter of public policy opposed any interference with respect to an individual’s freedom of entering into contracts and on imposing restraints on one’s personal liberties. When the principle of restraint of trade was incorporated in the Indian Contract Act in the year 1872, most individuals were either...

All you need to know about the new Mental Healthcare Bill, 2016 [Read the Bill]

The Mental Healthcare Bill, 2016 was passed by Rajya Sabha last week, and is expected to be discussed in Lok Sabha during next session. The Bill repeals the existing Mental Health Act, 1987, which is vastly different in letter and spirit. The Act of 1987 had been widely criticised for proving to be inadequate to protect the rights of mentally ill persons. Here are certain things you need to know about the new Bill:1. Mental Healthcare Bill seeks to decriminalise the Attempt to Commit...