Human Rights Day Special; Absence of Rule of Law = Absence of Human Rights

December 10 is remembered as Human Rights day all over the world, but in India November recalls the bloodshed of Sikhs in Delhi and in December citizen remembers the gassassination of millions in Bhopal. Human Rights along with rule of law are under challenge.The Constitution enshrined Rule of Law. It is called rule book of the nation. If a poor is arrested for theft, the rich also should be arrested for cheating. The Government has spent Rs 27 crore to arrest a fugitive in the name of God,...

“I am not in favour of restricting young Law Graduates in practicing in Hon’ble Supreme Court of India”; In Conversation with Prof. (Dr.) Faizan Mustafa, Vice Chancellor of NALSAR, Hyderabad

Prof. (Dr.) Faizan Mustafa is the current Vice-Chancellor of National Academy of Legal Studies and Research, (NALSAR) Hyderabad. Before joining NALSAR in 2012, he was the founding Vice-Chancellor of National Law University Odisha, (NLUO) Cuttack.Prof. (Dr.) Faizan Mustafa completed his LL.M. from Aligarh Muslim University, (AMU) Aligarh. He, being a gold medallist, was persuaded to join the AMU Law Faculty. The academic journey was followed by the administrative one and he worked as Dean,...

Strict Stand against Encounters: Machil Fake Encounter an example of Swift Court Martial

Earlier this year, 17 Uttarakhand police officers were awarded life imprisonment in the fake encounter of Ranbir Singh, 22 year old MBA graduate in a jungle near Dehradun, in 2009. Read the Live Law story here.Also this year, the Supreme Court of India, issued 16 Guidelines to be followed in the matters of investigating police encounters in the cases of death as the standard procedure...

Breaking; US-based Intellectual Property Owners' Association to meet Indian judiciary and patent officials; accused of lobbying [Read the Petition]

In a letter, addressed to Chief Justice of India H.L. Dattu, Chief Justice of Delhi G. Rohini and Chairman of Intellectual Property Appellate Board Justice K.N. Basha, the "Campaign for Affordable Trastuzumab", has put forward its concerns regarding the Intellectual Property Association's scheduled meetings with the IPAB and the Delhi High Court.It alleged that these meetings are...

The Judicial Conscience of India, Justice V.R. Krishna Iyer turns 100

Justice V.R. Krishna Iyer, the man who is considered as the “judicial conscience of India”, the one responsible for “humanizing law in India”, turned 100 this month, achieving milestones and setting new ones, throughout the journey.Our country has had several intellectually enlightening judges. Their opinion and insight has sculptured the progression of justice in the country. But...

Sex work with dignity: Two sides to the debate

The debate today revolves around legalization of sex work. But how did India get to this debate? Consider the following a refresher- What is the current situation and how we got here:The Law:The primary law dealing with the status of sex workers was the Immoral Traffic (Suppression) Act (SITA) 1956. This was amended and the current law is the Immoral Traffic (Prevention) Act (ITPA)...

Achey Lal Vs. NCT Delhi : Setting a bad Precedent

The recent news of Forceful sex not Rape has caught the attention of several news stories and Senior Lawyers. Several points have been raised for and against the judgment. There has also been some amount of wrong reporting as to what was held by the Delhi High Court.The analysis here is confined to established tenets of law, the factual matrix and what can be interpreted legally and reasonably from the present judgment.The judgment dated 30.10.2014 in CRL.A. 1534/2011 held:AcheyLal even if held...

Kailash Satyarthi’s legal struggles: PILs facilitating the cause

Kailash Satyarthi, the joint winner of this year’s Nobel Peace Prize, gleams with honesty when he says that “children are his religion”.  Satyarthi considers this a victory of not just a man, but the entire cause, the cause that he has been fighting for, with his heart and soul for more than 3 decades.The electrical engineer started off with teaching at a college in Bhopal,...

Breaking; Litigant tried to overreach the Bench hearing her Case by circulating Justice Krishnaiyer's letter to Lodha; Justice Ranjana Desai and Justice Ramana recused from hearing the Case [Read the Order]

Normal0falsefalsefalseEN-INX-NONEMLIn a matrimonial Dispute pending before the Supreme Court the Petitioner wife had circulated a letter purportedly written by Justice V.R.Krishnaiyer to the then Chief Justice of India R.M.Lodha in the residence of Justice Ranjana Desai and Justice Ramana, who were hearing the Case. The Bench deprecated the conduct of the Petitioner-wife and recused from...

I am not in the race for NUALS VC; NUALS runs like a private company except matters related to admission of students; Dr.Sheena Shukkoor

Dr.Sheena Shukoor is the Pro-Vice Chancellor of Mahatma Gandhi University as well as the Acting Vice-chancellor of National University of Advanced Studies (NUALS). Hailing from a humble background, she graduated from GLC Calicut and secured LL.M from Vanderbilt University Law School, United States of America. He did her PhD in Law on the scope and application of Muslim Family Law. She is a Fulbright Vanderbilt Fellow 2008-09 from India to United States of America. She was a practicing lawyer and...

Breaking; NUALS Building Construction Scam; Chancellor writes to Kerala CM for investigation into irregularities

A letter has been written by Justice Ashok Bhushan, Acting Chief Justice of Kerala High Court and Chancellor of National University of Advanced Legal Studies (NUALS) to Kerala Chief Minister Oommen Chandy, recommending an inquiry by the Chief Technical Examiner, Finance Department, Government of Kerala on all financial transaction made from January, 2010 to November, 2013 in relation to...

Jayalalithaa Case - Same day Conviction and Sentence- Bangalore Court or Times of India? Who went wrong?!

The Times of India published on 1st October 2014 carried a report which says that the Bangalore trial court appears to have violated the Supreme Court's mandate by convicting and sentencing former Tamil Nadu Chief Minister J Jayalalithaa on the same day, September 27, in a disproportionate assets case. It relied on a Two Judge Bench Judgment in Allauddin Milan vs State of Bihar [1989 SCC (3)...