Pornography v. Mother’s Cooking: A Rather Forced Match

Kerala High Court, in a judgment delivered on Teachers’ Day, on 5th September, while deciding the legal question of whether a person watching a pornographic video in his private time constitutes an offence, launched into a lecture on good parenting in the following words:“9. But before parting with this case, I must remind the parents of minor children in our country. Watching pornography may not be an offence. But if minor children start to watch porn videos, which are now accessible in all...

India's Conflict Resolution Landscape: Exploring Mediation Vis-à-Vis Restorative Justice

In the steadily evolving landscape of dispute resolution, India has witnessed a noticeable surge in Alternative Dispute Resolution (ADR) mechanisms, including mediation, arbitration and Lok Adalats. ADR techniques operate outside the litigation process and can be employed to resolve various types of disputes, contingent upon the mutual consent of the parties. Recent statistics, renewed funding initiatives, and the introduction of a progressive Mediation Act, 2023 all underscore the...

Arbitration Award And Stamp Duty Paid On It

Award of an Arbitrator is an instrument chargeable with duty as per section 3 of the Indian Stamp Act, 1899. There is no exemption for any Award. Is any duty payable on an Award dismissing a claim? If any duty is payable on such an Award, what is the rate at which it is payable? If no duty is payable, even when the property involved in the dispute is valued at hundreds of crores of rupees, will it make sense? These questions led to the present study (with particularly reference to the...

Un-naming India: Unsettling the Firmly Established Identity

Sudden Emergence of a Needless Controversy Lately an unwarranted contestation concerning the name ‘India’ has been whipped up out of nothing. A deliberate effort appears to be underway to create a political binary between India and Bharat. Expectedly, the social atmospherics are now abuzz with conflicting, polarizing views characterized by acute ignorance and distortions. As a large mass of the public on either side of the political divide reacts bitterly on this emotive issue,...

Women's Reservation & Our Founding Mothers: Reflections On Constituent Assembly Debates

The Centre’s introduction of the Constitution (One Hundred and Twenty Eighth Amendment) Bill, 2023, otherwise known as the Women’s Reservation Bill, has created a buzz in all sectors by proposing to reserve one-third seats for women in the Lok Sabha, the State Legislatures, and the Delhi Legislative Assembly. This Bill, which is expected to raise the political representation of women, once the law comes into force, was the first to be tabled for consideration after the shifting to the new...

Evaluating Chhattisgarh’s Policy On Candidates With Pending Charges: Addressing Violence Against Women Or Raising Questions Of Justice?

On the 11th of September, 2023, the Government of Chhattisgarh issued an Order vide. 1-1/2017/1-3[1] under the Chhattisgarh Civil Services (General Conditions of Service) Rule, 1961. This order bars such candidates for appointment in Government services who are facing the charges of certain provisions of the Indian Penal Code, 1860, pertaining to offences against women, or if they are facing any charges under the Protection of Children Against Sexual Offences (POCSO) Act, 2012, while such...

New Inter Services Law For The Military In India: Action In Haste

The successful passage of Inter-Services Organizations (Command, Control and Discipline) Bill, 2023 by the Parliament is projected a major statutory step to make the theatre commands effective[1]. The law would apply to the above category of military formations. Tri service establishments have been part of the military for long. National Defence Academy, Defence Services Staff College, College of Defence Management and National Defence College exist in the training domain. Logistical ...

On The Verdict In “Srinivasulu”— A Recently Reported Corruption Case

It was only now that I chanced to browse through the Judgment dated 15-06-2023 rendered by the Supreme Court of India in A. Srinivasulu v. The State represented by the Inspector of Police, CBI (Criminal Appeal No: 2417/ 2010) and authored by Justice V. Ramasubramanian. It is a well written judgment. The primary facts leading to the prosecution of the accused in the case have been meticulously stated. 2. After reading the well-reasoned judgment I am penning...

Landmark Decisions, Invaluable Contributions – Revisiting Ram Jethmalani’s Legal Journey

As we commemorate another year of Ram Jethmalani’s birth anniversary, we are reminded of the sheer presence and stature he brought to each case he argued – irrespective of the client he represented, the area of law the case concerned itself with, or any other extraneous factor. For him, his duty to the court was always paramount, and his allegiance to his client’s cause was undeterred. As this year zooms past with each passing day, the Indian judiciary has seen judicial developments that...

Interim Awards In Arbitration: Complexities And Distinctions

In the realm of arbitration proceedings, interim awards play a critical role in navigating the course of dispute resolution. In appropriate cases, interim awards help in substantially reducing the scope of adjudication of the dispute, thereby contributing towards effective and expeditious resolution, which is fundamental to arbitration. Under the provisions of the Arbitration and Conciliation Act of 1996 ("Act”), interim awards hold significant importance as they address specific issues...

Evaluating The Mediation Bill, 2023

Among the Bills passed in the recent session of the Parliament is the Mediation Bill, 2023. This Bill has the potential to reframe how we understand access to justice in India. After more than twenty years of policies enabling and mandating mediation and conciliation, these expressions are no longer unfamiliar to us. These are processes where persons in conflict take the assistance of another person who works with them in building dialogue and understanding, that paves the way to ...

Recourse To Article 226/227 In Consumer Disputes: Can The Power Of The High Courts Be Ousted?

The Consumer Protection Act, 1986 [‘the 1986 Act’] is a holistic and beneficial piece of legislation which is consumer oriented in its approach and seeks to provide expeditious reliefs to aggrieved consumers. The 1986 Act was repealed by the Consumer Protection Act, 2019 [‘the 2019 Act’]. Both these Acts provide for remedies in cases of disputes qua deficiency of goods/services and incorporate provisions for exercise of an Appellate/Revisional remedy. In short, both the Consumer ...