Articles
Why Most People Don't Write A Will Until It's Too Late: Why Inheritance Planning Is Necessary
Despite having responsibilities, family misunderstandings, savings, and properties, such a high number of people chose to die without leaving a legally binding will. Until it's too late. This delay happens because of discomfort and fear of discussing about their death. People always believe that they still have a lot of time and ignore taking about their death and will. But in reality, they really ignore the consequences of dying without a will. Unfortunately it will create uncertainty, delays,...
Imagining International AI Governance In 'An Anarchic World Order'
The combination of words 'anarchic world order' is quite paradoxical. Anarchy means lawlessness or chaos and order connotes a structured existence. Then it could mean individual or collective attempts to sabotage the order is prevalent. There is no other better nomenclature to articulate present state of international affairs. For around forty-five years present world order had seen off the cold war, almost a few decades of unipolarity. Current state of international affairs can arguably be...
A Judgment On Electronic Evidence
The lynching of a mentally challenged tribal youth in Kerala, a few years back, by a group of people had shocked the conscience of the society. Recently, the High Court of Kerala has rendered its verdict in the case, in the appeals preferred by the convicted accused as well as the appeals filed by the State of Kerala and the mother of the deceased.1 This judgment provides an interesting study material on electronic evidence. It is a case where the fate of the prosecution, to a great...
ECTA Has A Dispute Architecture Problem. CECA Should Fix It
India and Australia have built a trade corridor of growing technical complexity. The dispute settlement architecture beneath it is not equal to what the corridor will generate — for its commercial parties or for the workers whose movement makes the commerce possible. The CECA negotiations are the moment to say so.
Remove The Predator, Not The Prey
Rethinking Interim Relief Under Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013I. The Structural ParadoxThe Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ('the POSH Act') was enacted to protect women at their workplaces. Section 12 was written to give that protection a practical interim mechanism during the pendency of inquiry. In twelve years of the Act's operation, institutions have found a...
Green Competition: Why India's Competition Act Must Account For Environment
India has transformed how it thinks about corporate wrongdoing. The Jan Vishwas (Amendment of Provisions) Act,2023 decriminalized over 183 provisions across 42 Central Acts, converting criminal penalties into civil ones with enhanced monetary fines. The aim is straightforward, ease of doing buisness, not jail terms should be the default response to corporate non-compliance. The Competition (Amendment) Act, 2023 reflects the same instinct with heavier penalties, faster process but no prison bars...
Removal Of Disqualification And Principle Of Fresh Start Under Juvenile Justice Law
Declaration of a conviction for a criminal offence or a pending criminal proceeding is a standard part of employment application, for individuals seeking employment in government service or standing for public office. In regular parlance one may know it as a 'character certificate'. Employers including the government, carry out verification of character and antecedents to assess if the candidate is a 'fit person' and a potential employer can adjudicate the candidate's antecedents on an...
Difference Between Mortgage By Conditional Sale And Sale With An Option To Repurchase
The difference between Mortgage by Conditional Sale and Sale with option to repurchase continues to be a vexed question despite being answered by several Courts. Both the deeds are seldom expressed in identical terms. The most rudimentary exercise is perusal of the document in its entirety, analysis of the same where the language used is express and clear. However considering the old nature of documents executed by rustics, scribed by men who lacked the legal acumen which invariably has resulted...
Reproductive Autonomy And State Negligence: A Legal Analysis Of Women Bodily Rights In India
In the recent news by India today it was covered that around 173-180 tribal women were sterilized at Community Health Centre (CHC) in Bag, Dhar district of Madhya Pradesh. Again, forceful removal of women uterus in the name of diagnosing menstruation related problem just to make them work and not to give me leave. This raises serious question on the government and regulatory authority regarding the safety and autonomy of the women. India's family Planning scheme has long been considered as one...
Why Attendance In Law Schools Reflects A Civilisational Crisis And Demands Structural Intervention
In recent weeks, the issue of law students' attendance in classrooms has received considerable public attention. Several colleges debarred students from appearing in the examination due to insufficient attendance, sparking an uproar on social media. Those criticising the college's actions relied heavily on the judgement delivered by the Delhi High Court in November last year. Challenging the Delhi HC judgement, the Narsee Monjee Institute of Management Studies (NMIMS) has filed a plea. In its...
Power Always Must Be Accompanied With Grace
Rhetorically, the Bar and the bench are by design Siame twins. In practice however , one is the proverbial Big Brother. By systemic mechanics the later is far too dependent on the former on a day to day basis to perpetuate the myth that they are in fact operationally but two sides of the same coin. Perhaps it is not a coin of popular functional currency. The issue yet again comes up for mention and concern in the context of a young lawyer green behind the ears taking on a High Court...