LGBTQIA+ Rights In India: Struggles, Progress, And The Road Ahead

Article 15 of the Indian Constitution stands as a beacon of hope, vowing equality and protection against discrimination on diverse grounds, including sex. Unfortunately, the LGBTQIA community in India has grappled with substantial hurdles in rephrasing this indigenous pledge into reality. This article embarks on a journey through time, exhuming the literal acknowledgment of LGBTQIA individualities. Despite India's rich shade of gender and sexual diversity, the draconian grip of colonial- era...

A Bright Student Of HNLU Raipur Is No More

Trigger Warning – Mentions of suicide, self-harm, depression.A final year female student of HNLU, Raipur, who hails from Bihar, was found in an unconscious state in the hostel washroom by her friends on 24th August 2023 noon. She was taken to the nearby hospital immediately but was declared brought dead. The University authorities have suspended all classes till 3rd of September and have rescheduled examinations and other events in light of the unfortunate incident. Her battle with...

13 Years On, Central Information Commission Is Held Together Only By An ‘Interim’ Order

The Central Information Commission (CIC) is the apex body at the central level to ensure proper implementation of the Right to Information Act, 2005. The Delhi High Court had ruled in 2010 that its method of functioning is illegal and needs to be changed. This was stayed by the Supreme Court, and CIC’s current functioning is hanging just by this ‘interim’, unreasoned order, even 13 years later, with no final decision by the Supreme Court. Central Information Commission – How It...

Grant Of Custody Of Accused To Investigating Agency Under Section 167 Of CrPC

The criminal procedure code is principally procedural in nature laying down the procedure to be followed in criminal trials, however some of its provision contains trapping of substantive rights as well. In this context, the classic example of Section 167 Criminal Procedure Code (henceforth “CrPC”) needs special mention, which is uniquely positioned to contain hybrid structure of procedural underpinnings concerning procedure for investigation and substantive right of default bail or ...

New Criminal Reforms: Substantial Change Or Linguistic Imperialism?

On 11 August 2023, the Central government introduced three new Bills in the Lok Sabha to replace the Indian Penal Code, 1860 (“IPC”) as Bharatiya Nyaya Sanhita, 2023 (“BNS”), the Code of Criminal Procedure, 1973 (“CrPC”) as Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), and the Indian Evidence Act (“IE”) as Bharatiya Sakshya Bill, 2023 (“BSB”). This article analyses the new Criminal Bills in light of the debates surrounding Linguistic Imperialism.The new Criminal Bills have been introduced...

The Basic Structure Doctrine - An insight

On August 7, in his maiden speech while defending the Delhi Services Bill[1] in the Rajya Sabha, the former Chief Justice, and a nominated member of the Rajya Sabha, Mr. Ranjan Gogoi said that the basic structure doctrine has a ‘very debatable jurisprudential basis’.[2] Though the current Chief Justice of India (CJI) DY Chandrachud, has dismissed it as “they are just opinions and are not binding”,[3] Mr. Gogoi’s comment about an established doctrine in Constitutional jurisprudence, is...

Whether “Recovery Evidence” By Itself Is Substantive Evidence

The answer to this question can be in the “negative” in the majority of cases and “positive” in certain limited category of cases. The celebrated Pulukuri Kottaya v. Emporer AIR 1947 PC 67 (Lord Wright, Lord Simonds, Lord Uthwatt and Sir John Beaumont), itself contains the answer to this question. Supposing the accused is having in his possession or is concealing in his room an “unlicensed firearm” or some “narcotic substance”, that by itself is an offence under the relevant penal statutes....

The New Bills On Criminal Law Bring More Dissapointment Than Hope

When the constituent assembly finished drafting our Constitution, a new dawn awaited the people of India. It was a moment of proud metamorphosis that needed a realization that the words “We the people” have started to resonate with the citizens who no longer were the subjects of their colonial masters. The words in the opening quote were meant to warrant caution and were orated by K Hanumanthiah in the Constituent Assembly. He graced the assembly as one of the founding fathers and was...

Delhi High Court Issues Notice On Appeal Preferred By Sushant Singh Rajput’s Father Against Refusal To Stay Movie Based On Late Actor's Life

The Delhi High Court on Thursday issued notice on an appeal moved by the father of late Bollywood actor Sushant Singh Rajput against the single judge order refusing to injunct further telecast of the movie “Nyay: The Justice” based on his son’s life, which was released on OTT platform Lapalap in June 2021.A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma sought response of the filmmakers and listed the matter for hearing on November 16.On July 11, the single judge had...

Splinternet: New Domain Of ‘Network Sovereignty’

The rising cases of internet shutdowns and the spread of online misinformation have divided online users into numerous often hostile factions. “An intentionally divided internet is a threat to business, innovation, and democracy” emphasized an article recently on MIT Management Sloan School highlighting the ways in which ‘splinternet’ is damaging society. As the battles in this digital age hinge on data’s manipulative prowess, questions arise: Can countries decide what is acceptable...

Why GNCTD (Amendment) Act 2023 May Not Pass Constitutional Test Despite Changes From Services Ordinance?

On August 12, the Government of National Capital Territory of Delhi (Amendment) Act 2023, which seeks to diminish the powers of the elected government of Delhi over services, received the assent of the President and came into effect from May 19, 2023.It may be recalled that May 19 is the date on which the President promulgated the GNCTD(Amendment) Ordinance 2023 containing similar provisions, a week after the Supreme Court’s Constitution Bench judgment in Govt of NCT of Delhi vs Union of India...

Electronic Evidence Under The Bhartiya Sakshya Bill, 2023: A Pandora’s Box To Be Reopened!!

With the introduction of new bill, the Bhartiya Sakshya Bill, 2023, the law of evidence in India is all set to change. With the new bill outgoes the law that ruled world of evidence for almost 150 years. Looking back at the jurisprudence, one can surely say that the evidence act in its present form did amazing job in dealing with the traditional cases pertaining to oral and documentary evidence. Where the language fell short, courts rushed to rescue. However, the present law was...