Deploying Drones For Prison Surveillance: A Security Or Privacy Threat?

The legislature and judiciary has mostly overlooked the concerns of prisoners regarding the situations of life in prison throughout our history. There are several international agreements that set standards for how prisoners should be treated including Universal Declaration of Human Rights, (1948), Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishments, (1984), and United Nations Standard Minimum Rules for the Treatment of Prisoners, (1955). Indian Prison...

Not Uniform Civil Code: India's Plural Legal System May Enlighten The World

The abolishing of Personal Laws of India (PLI) is challenging questions in post-colonial India even after 75 years, when India is officially celebrating the glorious history of its people, culture, diversity, the elixir of freedom and achievements. The ‘new India’ is stuck with incredibly old debates, which reflect the immense internal diversity of this massive nation state that covers almost an entire sub-continent and is today the world’s largest/most populous democracy. The debate on...

Regulatory Framework To Deal With Carbon Emissions From Aircrafts

When persons across the globe are gasping for clean air to stuff their lungs in order to get the spell of life, it becomes important to deal with the issue of carbon emission from aircrafts with utmost precision. The amplitude of choice made by flyers in terms of opting air travel as most convenient mode of transport, may kindle distress among environmental campaigners. The augmented air activity may lead to increase in air pollution significantly owing to carbon discharge. It was...

Father Stan Swamy Died As A UAPA Martyr; But Political Prisoners Continue To Suffer Without Bail

Two years ago, on July 5, Father Stan Swamy died as an undertrial prisoner in the Bhima Koregaon case after 270 days of incarceration. The 84-year-old Jesuit priest and tribal rights activist – arrested over alleged links to Naxals – was the country’s oldest inmate charged under the anti-terror law, the Unlawful Activities (Prevention) Act. “But we still sing in chorus. A caged bird can still sing,” he famously wrote in a letter from jail. But a storied life – of fighting injustice and...

Understanding The UP-Gangster Act: A Comprehensive Analysis

Recently in June 2023, Mukhtar Ansari, Ex-UP MLA, was awarded a life sentence in the 32-year-old Awadesh Narain murder case. A fine of Rs. 1 lakh has also been imposed upon him. The MP/MLA court in Varanasi announced the quantum of punishment. Last year, a special MP/MLA Court of Ghazipur convicted him under The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, sentencing him to 10 years imprisonment and a fine of Rupees 5 Lakh. What is The Uttar Pradesh...

Using Fairness Opinions By IFAs To Improve India’s RPT Framework

Related Party Transactions [‘RPT’] refers to dealings between parties with an existing relationship or a common motive. Due to concerns with conflicts of interest and abuse of power in such transactions, the Securities and Exchange Board of India [‘SEBI’] has put in place measures in the Companies Act as well as the SEBI Listing Obligations and Disclosure Requirement [‘LODR’] Rules to prevent misuse of the power that the agents possess. However, the same have fallen short in the past....

NCP Rift : Examining Validity Of Ajit Pawar Group's Actions In The Light Of Supreme Court's Judgment In Shiv Sena Case

Monsoon seems to be season for high political drama in Maharashtra. The script of the drama appears same, only the actors change. If it was the rift within the Shiv Sena party which set off dramatic events last Monsoon, this year it is the rift within the Nationalist Congress Party (NCP). A section led by Ajit Pawar and Praful Patel have broken ranks with the NCP supremo Sharad Pawar and have joined hands with the BJP and Shinde Sena. In a sudden move on a Sunday, Ajit Pawar was sworn in as the...

Justice Mukta Gupta – From A Prosecutor’s Desk

Justice Mukta Gupta’s retirement draws curtain on a remarkable tenure as a Judge of the Delhi High Court. During her retirement function, she repeatedly mentioned that it was her fourth innings in the legal profession. Indeed, prior to being appointed as a Judge, Justice Gupta appeared on behalf of the State/Govt. of NCT of Delhi as an Additional Public Prosecutor, Additional Standing Counsel and then as Standing Counsel in the Delhi High Court. She also appeared for the CBI before the...

TN Governor Is Liable To Be Recalled Due To His Unconstitutional Actions

There are enough and more reasons for the President of India who appointed RN Ravi as the Governor of Tamil Nadu to recall him as he has repeatedly defied his constitutional oath of office and acted as a law unto himself. He had been doing so in the past but he has now crossed all limits after he unilaterally dismissed Senthil Balaji from the Council of Ministers without the advice of the Chief Minister and the Council of the Ministers. He put the decision on hold after being advised to do so by...

Is It Time for India to Reconsider Its Stand on The Hague Abduction Convention?

After decades of skeptical side glances and nervous flirting, India and the United States finally seem ready to take their relationship to the next level. Prime Minister Modi’s recent state visit to the United States is a testament to the beginning of a new era of stronger ties between the two countries. In every relationship, certain topics are off-limits for discussion. However, in every successful relationship, the key is open communication. So, as both countries ring in a renewed...

Examining The Ambiguities Surrounding Finality Of Interim Awards

On June 14, 2023, the Ministry of Law and Justice constituted an expert committee for evaluating the working of the Arbitration law in India, examine its strengths and weaknesses, and recommend the reforms in the Arbitration and Conciliation Act, 1996 (“the Act”). This has given us an opportunity to look into the loopholes of the Indian arbitral ecosystem and work upon them. One such controversial and unsettled issue is the issue relating to interim awards. An arbitral award as defined...

A Review Of The NGT On Environmental Compensation And Waste Management Implementation

The National Green Tribunal (NGT) since its inception has been vigorously adjudicating environmental disputes in accordance with the legislative and governmental policies. Headlines in the media of heavy penalty or compensation by the court are being reported often. Despite such headlines, the same media on the other page report the poor quality of the air, polluted rivers, contaminated lands and pictures of waste accumulated on the streets. It is thus indispensable to find out the reasons...