Transformative Constitutionalism And The Sabarimala Judgment

The Indian Constitution is a great social document, almost revolutionary in its aim of transforming a medieval, hierarchical society into a modern, egalitarian democracy and its provisions can be comprehended only by a spacious, social science approach, not by pedantic, traditional legalism.[1] The whole idea of having a Constitution is to guide the nation towards a resplendent future. Therefore, the purpose of having a Constitution is to transform the society for the better and this...

How to Make Legal Education in India ‘Meaningful’?

A cluster of universities established by respective state/provincial legislatures in India prefer adding the prefix ‘national’, ultimately making them national law universities also popularly known as NLUs. Often, such a nomenclature gets associated with the overall quality of an institution. For stakeholders, primarily budding lawyers and aspiring law students, one of the most common concerns is whether receiving education from a university or a college outside the NLU cluster would help...

Increase in Retirement Age of Judges Isn’t Solution to Pressing Problems of Judicial Backlogs and Vacancies

Recently, BJP leader and advocate Ashwini Kumar Upadhyay addressed a letter to Prime Minister Narendra Modi requesting an increment in the retirement age of judges in India to 70 years.A major concern behind the proposal seems to be the huge backlog of cases and inordinate delay, which deprives the citizens of the right to speedy trial. The underlying logic for such a request seems to be that it would help retain judges, which would reduce judicial vacancies and hence clear up the backlog....

Should The Supreme Court Proceedings Be Live Streamed?

In case of Supreme Court, the right to transparency must end an inch before the right to speculate is created. The proponents of live streaming often advance various examples but chief among them is, other countries where the practice prevails, comparison of court with Parliament and the fact of latter allowing live streaming, and the need for educating the masses on how courts decide cases, and so forth. All these reasons combined together are too tempting for a neutral citizen to not favor...

Genetic Discrimination & Health Insurance: An Analysis

According to Order VIII, Rule 6 (3), Illustration (c) of the Code of Civil Procedure, 1908, ‘insure’ means to secure payment of a sum of money in the event of loss or damage to property, or, death or physical injury to a person in consideration of the payment of a premium and observance of certain conditions. ‘Insurance’ is a contract by which a person (insurer) in consideration of a sum of money (the premium), becomes bound to secure a party against the risk of loss occasioning from certain...

Opinionated Criminals

“An official prohibition on offence would not eradicate 'offensive' views, but preserve them.”The issue of hate speech has assumed greater significance in the era of internet since the accessibility of internet allows offensive speeches to affect a larger audience in a short span of time. We are perpetually enraged by the attires of women, artistic freedom, freedom of the press, Facebook status, to say the least. A stand-up act can lead one to the jail or to the receiving end of death threats. ...

Need For Reconsideration Of Triple Talaq Bill

Ascribing criminal nature to any matrimonial offence has always remained a contentious issue. With the Supreme Court giving a landmark judgment declaring the practice of triple talaq as unconstitutional, the course to be taken related to its punishment has come under the scanner. In this article, the writer seeks to delve upon the implications that the current Bill may have on large sections of the society, adversely affecting their rightful interests.Despite being the nation with the 3rd...

Trademarking Sounds: Embracing a New Generation

The entire regime of intellectual property law (IPR), across the world, has been designed to promote a culture of research and innovation. Trademark law finds its place in this regime as the ambassador of customer loyalty and brand building. In practice, it encourages renowned multinational companies like Volkswagen to spend billions of dollars on research and development[1] by guaranteeing that no other producer can take credit for their efforts.In this post, I wish to introduce the concept of...

India And Internally Displaced Persons (IDPs)

While civil liberties lawyers and organizations rightly fight the legal battle in the Supreme Court to stay the deportation of Rohingya Muslims (refugees) from India as per the directive of the Indian Government, it is pertinent to note the lack of recognition for the displaced persons within the country.Internally Displaced Persons (IDPs) aren’t a new class of persons who have emerged in the recent past; infact the displacement has been taking place due to armed conflict, ethnic violence, human...

As A Law Clerk To A Kashmiri Prince: My Experience Of Working With Justice Sanjay Kishan Kaul

I am quite aware that the writing of memoirs and recollections is a tradition reserved only for the choices of gentlemen who, through their seminal contributions have left an indelible mark in the pages of history, unforgettable and cherished for the ages to come. These rare breed of men, I have been told appear on the horizon once or twice in a half century and leave behind them a trail of remarkable achievements and unique feats which are remembered long after they take leave. Legends are...

Integration Of Mediation In Cases Involving Young Offenders

Alternative Dispute Resolution or ADR includes processes that are out of court proceedings, wherein the parties decide the course of dispute resolution once a conflict occurs. The burden of the courts have increased due to pendency of court cases and suits this has resulted in ADR gaining paramount significance in almost every jurisdiction. ADR is generally classified into five types: negotiation, mediation, collaborative law, arbitration and conciliation. Considering the practicalities in the...

Everything Wrong With The Madras HC Order, Directing Singing Of National Song

The Madras High Court recently made it to the headlines when by one of its orders it directed compulsory singing of Vande Matram (the National Song) in all schools and educational institutions once a week. Such an order attracted debate from all spheres, wherein some lauded it as a sign of patriotism while others termed it as “forced” patriotism. However, what escaped scrutiny  in this debate over patriotism was how the order suffered from certain blatant illegalities. The aim of this article is...