Articles
Principle Of Fresh Start And Children In Conflict With Law
The Juvenile Justice (Care and Protection of Children) Act 2015 (hereupon referred to as the JJ Act) is a law that holds immense significance for the welfare of children in India. The development of juvenile justice jurisprudence in our country is ongoing, with new challenges arising daily. These challenges provide an opportunity for courts to establish a positive legal precedent on the subject and offer us the ability to view issues from various perspectives. One of the issues in...
SEBI Intends To Do Away With The "Promoter" Label?
The recent issue of equity transfer to family trust structures in the case of a popular fintech company has once again shed light on a certain lacuna in the regulator's system, one that SEBI (Securities Exchange Board of India) is yet to fix. To understand the issue in detail, we must first take a look at the definition of “Promoter”. A promoter of a company is generally defined as one who heads the entity and it is believed that a pattern of increasing promoter stake holdings in a company...
The Unheard Will Of The People- A Question Of Public Consultation
The recent invitation for public suggestions by the 22nd Law Commission (LC) on the feasibility of the Uniform Civil Code (UCC) has raised important questions about the approach taken by the commission regarding public consultation. In a diverse country like India, it becomes crucial to examine how the public is involved in such exercises. The focus of this article is not to discuss the merits or demerits of the UCC itself, but rather to provide a methodological critique of the process of...
A Look At The Forest Conservation (Amendment) Bill, 2023
The Forest Conservation (Amendment) Bill, 2023 will be presented during the Monsoon session of the Parliament which is likely to begin today. State governments including Chhattisgarh and Jharkhand, environmental and civil society organizations, activists and students have submitted their objections to the bill introduced by Shri Bhupender Yadav, the Minister of Environment, Forest and Climate Change and Labour and Employment. The Forest (Conservation) Act, 1980 came into force on 25th October...
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...