The Doctrine Of Per Incuriam In Indian Jurisprudence: Implications And Judicial Responses

The Indian higher judiciary, represented by the Supreme Court and High Courts, plays a crucial role in adjudicating and interpreting laws within the country's legal framework. The decisions these courts render serve as binding precedents for the lower judiciary, guiding the application and interpretation of the law. Article 141 of the Constitution of India has the binding nature of Supreme Court rulings, stating, "The law declared by the Supreme Court shall be binding on all courts within...

Bombay High Court Judgement Celebrates The Purpose Of Right To Education

On 19th July, Bombay High Court ruled that the Maharashtra Right of Children to Free and Compulsory Education (Amendment) Rules 2024 is ultravires to the Right to Education Act 2009 and Article 21 A of the Constitution of India. The amendment added a proviso in Rule 4 (5) of the Maharashtra Right of Children to Free and Compulsory Education Rules 2011 which reads that “Local Authority shall not identify the private unaided schools where Government schools are situated within a radius...

Institutionalizing Stipend System For Young Litigation Advocates

With recent Hon'ble High Court of Judicature at Madras Judgment[1] on stipend to young advocates, many multi-faceted discussions have come up as to the implementation of the same. Although of Tamil Nadu and Puducherry has issued a circular intimating the order to all the lawyers and for implementing the same. The responsibility to provide stipend falls on the Advocates and Senior Advocates, which may discourage the Seniors from engaging the young advocates itself. The most basic...

The Lacuna In POCSO 2012 In Terms Of Exposure Of Children To Pornography

The intentional exposure of children to pornography and other such obscene material has been a long-standing issue which plagues society. It is something which has conclusively been proven through various research and studies to affect the overall mental and physical development and well-being of a child in a very deleterious manner. It is perhaps in recognition of this very fact that the legislature, when drafting the POCSO Act 2012, specifically included a specific provision to deal...

One Of The Absurdities Pointed Out In Section 187 (2) Of BNSS Continues To Pose A Threat To The Liberty Of An Accused Person

Section 187 (1) and (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS for short) read as follows:-187: Procedure when investigation cannot be completed in twenty-four hours.--“(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the...

Unionisation Of Sex Workers In India

Prostitution is the most established calling on the planet but is as yet not thought about as a genuine calling. It stands to reason that if workers in the sex industry were treated and regulated in the same manner as those working in more conventional establishments, the industry would be more efficient and the workers would be sufficiently protected. In India alone, there are over 15 million women forced into the sex industry, and with the numbers increasing, over 100,000 women ...

The Paradox In Hit And Run Cases Under Bhartiya Nyaya Sanhita, 2023

The Motor Vehicle Act, 1988 (“MV Act”) lays down special provisions for compensating the victims of a “hit and run motor accident.” A perusal of the definition of the term “hit and run motor accident” covers those vehicles/wrongdoers whose identity is unascertained, despite reasonable efforts being taken. Nevertheless, victims/representatives of the victims are provided relief compensation in such no-fault liability scenarios. It is pertinent to note that under the repealed Indian...

Special Lok Adalat Week, 2024- A Stellar Beginning!

The recently concluded Special Lok Adalat Week in the Supreme Court from 29th July, 2024 to 2nd August, 2024 has been a grand success on so many different parameters. More than 1000 cases pending before the Supreme Court have been settled. But the numbers are only part of the story.The settled cases relate to diverse areas such as motor accident & insurance claims, matrimonial & child custody disputes, service law disputes, and even land acquisition matters. As indicated by Mr. Atul...

An Ode To Sadhana Ramachandran

I had seen Sadhana as an educationist from a distance as part of an audience. That was many years ago. Fate would conspire with me to see her at close quarters years later. It was Madhavi Divan, who understanding the issues, suggested wisely that only Sadhana could mediate in and resolve a particularly fratricidal litigation. The Supreme Court agreed and appointed Sadhana as one of the two mediators. It was my first face-to-face encounter with her. She was a pleasant personality....

Euthanasia: Legal Aspects In India And Around The World

The term Euthanasia comes from two Ancient Greek words: 'Eu' means 'Good', and 'thantos' means 'death', so euthanasia means good death. Euthanasia, often referred to as "mercy killing" or "physician-assisted death," is a complex and highly debated topic within legal and ethical realms. Western Philosophers such as Plato and Aristotle have debated the ethics of euthanasia for centuries, and the discussion continues to be relevant even today. In contemporary times, John Stuart Mill, a...

A Fly In The Ointment: Legislative Error In Consumer Protection Act 2019

The mischief of the Consumer Protection Act, of 1986 (“Act”) was to provide the consumers with a redressal mechanism. It was a “social benefit-oriented legislation”[1], enacted to provide 'protection' to the interests of the consumer of both the goods and the services alike. According to the object of the Consumer Protection Act, 2019 (“New Act”), the New Act appears to intend to achieve the same objective. However, a perusal of its provisions does not seem to allow it to do so. It is...

The Stance Of Euthanasia In India

Euthanasia in the simplest sense involves intentionally ending a person's life to relieve ongoing suffering such as suffering from an irrecoverable or an incurable state of being and is a complex and evolving issue in the Indian landscape. While death with dignity is not only a legal issue but simultaneously a cultural and spiritual issue as well, a country secular as India possesses a different perspective on Euthanasia depending on religion and societal viewpoint. Forms of Euthanasia...