Articles
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...
Why NEET Must Go? Tamil Nadu's Case For Educational Justice
The Union Government acting through the President's rejection of Tamil Nadu's bill seeking exemption from NEET marks a defining moment—not just in federal politics, but in the battle for educational equity. Passed unanimously by the Tamil Nadu Legislative Assembly in 2021 and 2022, the bill reflected the State's collective political and social consensus: that NEET, in its current form, has deepened structural inequalities in medical education. The President's refusal to assent to the bill,...
Balasamy Verdict: A Judicial Verdict Too Far
A five-judge Constitution Bench of the Hon'ble Supreme Court, in its decision in Gayatri Balasamy v. ISG Novasoft Technologies Ltd.(“Balasamy Judgment”) addressed the contentious issue of judicial power to modify arbitral awards. By a 4:1 majority, the Apex Court held that courts possess limited authority to modify arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”). Such modification is permissible only in narrowly defined circumstances —...
Humour And Persons With Disabilities— The Thin Difference Between “Disability Humour” And “Disabling Humour”
An application was was recently filed by M/s Cure SMA Foundation[1] against the controversial comedian Samay Raina with regard to the remarks made by him and his guests on the show titled India's Got Latent which was aired on YouTube. The plea was filed in relation to the offensive and non-amusing remarks camouflaged as “humour” made against the expensive treatment of Spinal Muscular Atrophy (SMA)[2] involving a 2-month child on one occasion and passing of derogatory remarks against a visually...
Disservice To The Military Florence Nightingale Undone By The Supreme Court
A SNAPSHOTA Division Bench of the Supreme Court comprising Justice PS Narsimha and Justice Manoj Misra recently paved the way for the first ex-Military Nursing Service (MNS) Short Service Commissioned Officer (SSCO) to be inducted into the Punjab Civil Services under the Ex-Servicemen (ESM) category (Civil Appeal 5235/2025 Irwan Kour Vs Punjab Public Service Commission & Ors decided on 16-04-2025). Captain Gurpreet Kaur, a retired MNS officer took the Punjab Civil Services (PCS) Examination...
The Silent Burden Of Paper: A Plea For Technological Equity In Delhi's District Courts
The weight of justice in Delhi's Rouse Avenue District Court often manifests itself quite literally – in the voluminous records of case files. On any given day, navigating records that routinely surpass a few thousand pages is the norm for lawyers practicing here in white-collar crime litigation. It was against this backdrop, during the recording of evidence in a bank fraud matter, that a revealing conversation unfolded between my co-counsel, the learned Judge, and myself.The learned Judge...
Indira Gandhi's Lawyer From Mauritius
As the 50th anniversary of the Emergency looms next month, my mind goes back to the fast paced legal developments starting from 12th June, 1975, which led to the Proclamation of the Emergency on the 25th of June. In that legal drama which unfolded, one of the lawyers of Indira Gandhi, a Mauritian barrister named Madun Gujadhur has not received sufficient notice.On the 12th of June 1975, a Single Judge of the Allahabad High Court, Justice Jagmohan Lal Sinha delivered his historic judgment setting...
Should Grounds Of Arrest Be Mandatorily Supplied 'Prior' To Arrest In Every Case?
After the Apex Court reiterates ground of arrest should be informed to the arrestee, a new argument is being raised by the prosecution side that if somebody is caught red-handed committing an offence...whether still notice stating his ground of arrest should be required to be given to him? Doesn't he know as to why he has been arrested? If a person is found in possession of huge quantity of narcotics or shooting someone, doesn't he know as to why he is being arrested?An examinee cannot be called...