The Constitutionality Of West Bengal's Anti- Rape Laws

India is ranked 128th out of 177 countries in terms of women's inclusion, justice and security in the Women, Peace and Security index of 2023 released by Georgetown Institute for Women, Peace and Security. According to the recent data from National Crime Records Bureau (NCRB), crime against women in India rose by 12.9% between 2018 and 2022. As widespread protests sweep the nation in response to the tragic rape and murder of a doctor in Kolkata, the West Bengal Assembly has responded...

Shajan Skaria: A Judicial Excursion In Granting Anticipatory Bail Under Prevention Of Atrocities Act

Recently, in Shajan Skariah v. the State of Kerela, the Supreme Court granted anticipatory bail to an accused charged with offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the PoA Act'), despite the specific bar under Section 18 of the PoA Act. This article critically analyses the Court's interpretation of Section 18 of the PoA Act and its interplay with other provisions of the Code on Criminal Procedure (“CrPC”), inconsistent with the...

The Welcome And Unwelcome Changes In Section 183 Of BNSS

Before evaluating the merits and demerits of Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short), it is necessary to make a comparison of the above Section with the corresponding Section 164 of the Code of Criminal Procedure, 1973 (“Cr.P.C” for short).Section 164 Cr.P.CSection 183 BNSSSection 164: Recording of confessions and statements(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or...

The Aparajita Bill: Legislative Populism Unvanquished

The recently passed Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, presents itself as a law intended to address the grave issue of sexual violence. Yet, beneath its facade lies a troubling reality—one marked by populist rhetoric and a hasty response to public outrage. This bill, rather than providing substantial solutions to protect women and children, seems to perpetuate a cycle of ineffective legal reforms that may, in fact, worsen the situation for survivors of...

Sub-Classification Within The SC & ST Categories Should Not Eventually Lead To De-Reservation

A seven judge bench of the Supreme Court in State of Punjab & Ors. vs Davinder Singh & Ors. 2024 LiveLaw SC 538 has recently held that sub-classification of the Scheduled Caste (SC) and Scheduled Tribe (ST) categories is permissible under Article 14, 15(4) and 16(4) of the Constitution of India. The court has held that sub-classification for the purposes of reservation is a facet and exposition of 'substantive equality' as against mere 'formal equality'. While doing so, the...

Cuffed But Unbroken: Understanding Arrest Rights And Due Process

On 7th August 2024, the Hon'ble Supreme Court of India in Tushar Rajnikantbhai Shahvs. Kamal Dayani & Ors. was faced with a peculiar challenge. In a contempt petition, a division bench of the court comprising Hon'ble Justices B.R. Gavai and Sandeep Mehta, took serious objection to the conduct of an Additional Chief Judicial Magistrate (ACJM) and a police inspector in the state of Gujarat. The court issued contempt notices to these two contemnors for their failure to respect an 'interim...

To Perform Or Not To Perform? : How Delhi's New 'Performance' Licencing Regime Threatens The Fundamental Rights Of Artists

A never-ending socio-political and cultural evolution of art forms and expression can be witnessed at Delhi's Mandi House. The doyens of modern Indian Theatre - Ebrahim Alkazi and Habib Tanvir through their pathbreaking plays like Tughlaq (historical drama), Charandas Chor (social satire on a truthful thief), and Jis Lahore Ni Dekhya (communal theme of India's Partition) shaped thought-provoking dialogue with the audiences. In the present day scenario, the creation of continuous artistic...

What Ministry's Advisory On Queer Partners' Bank Accounts Fails To Address

On 28th August 2024, the Ministry of Finance (through its Department of Financial Services) issued an“Advisory” claiming to be in connection with the Supreme Court's decision pronounced on 17th October 2023 in Supriyo @ Supriyo Chakraborty and Anr. v.Union of India and clarifying that “there are no restrictions for persons of the Queer community to open a joint bank account and also to nominate a person in queer relationship as a nominee to receive the balance in the account, in the...

Petrol And Diesel In The GST Conundrum: Unravelling The Test Of Cooperative Federalism

The inclusion of petrol and diesel under the GST ambit has sparked a significant debate, primarily revolving around the principles of cooperative federalism. While mainstream discourse often centres on the heavy tax burden on consumers under the current VAT and excise duties regime, this blog shifts the focus to a pressing yet overlooked concern: the substantial revenue loss that states would face if these fuels were brought under GST. At the heart of this GST conundrum lies the challenge...

Extending The Tribunal's Mandate Post Award: Tenable In Law?

Think of a race where the finishing line keeps moving. Section 29A of the Arbitration and Conciliation Act, 1996 (hereinafter the A&C Act, 1996) , grapples with just this dilemma in arbitral jurisprudence. Viewed to be a check to ensure that the arbitral process remains efficient and effective, the provision places a specific period within which arbitral awards are required to be pronounced. But what happens when the race ends and it seems as though the finish line is still within...

India's Green Trade Revolution; Navigating Challenges And Seizing Opportunities For Sustainable Growth

The concept of green trade is anchored between sustainable development and cross-border trade. One of the prevalent connotations of green trade refers to it as a “type of trade that emphasizes environmental protection and sustainable economic and social development.”[1] Other associated meanings refer to green trade as “promotion of sustainable measures to engage in trade without polluting the environment.”[2] Lastly, many environmental experts view green trade in the context of Green ...

Shifting Paradigms: Understanding The Supreme Court's Evolving Stance On Bail Under The PMLA

The Supreme Court of India has recently shifted towards a more nuanced approach to bail applications under the Prevention of Money Laundering Act (PMLA). While the court previously emphasised strict adherence to the twin conditions outlined in Section 45, which require the accused to prove they are not guilty and that they will not commit further offenses, recent rulings suggest a shift in perspective. This evolving stance in bail jurisprudence under the PMLA considers factors such as the...