Does A Tax On Sanitary Pads Violate Article 15(1) Of The Constitution?

The last few days have seen a campaign asking for a removal of the tax on sanitary pads (which is 5% in Delhi, and goes up to 14% in certain states). It has been argued that the premise of taxing sanitary pads is that they are luxury items; however, their impact on reproductive health and the overall well-being of women, at home and in the workplace, marks them out as essential items rather than luxury goods.In this post, I will attempt to advance an alternative, legal argument: I will contend...

‘See You In Court’ Or ‘See You Out Of Court’? A Burdened Judicial System - Can ADR System Be An Answer? (Part I)

A well-functioning court system is regarded as an institutional requisite for not just robust economic growth, but also for human well-being [On the need for efficient courts to promote well-being, wealth, and justice in India, see Justice Without Delay: Recommendations for legal and Institutional Reforms in Indian Courts, Jindal Global Legal Research Paper No. 4/2011]. Both law and development theorists are of the view that the socio-economic development of a country increases its reliance on...

All You Need To Know About ‘Pro Bono Legal Services’, ‘Tele Law Service’ And ‘Nyaya Mitra Scheme’

The Union Law minister Ravi Shankar Prasad, launched three schemes yesterday viz. Pro Bono Legal Service, Tele Law service and Nyaya Mitra Scheme.PRO BONO LEGAL SERVICE Objective of the Pro Bono Legal Service is to encourage lawyers and legal professionals to provide pro bono legal services, to recognize pro bono legal work being provided by lawyers and legal professionals, and to create...

India Finally Shows Red To ‘Lal Batti’ Culture; Ban To Be Effective From May 1 [Read Notification]

In a welcome move, the Central Government seems to be all set to abolish ‘Lal Batti’ culture. The government on Wednesday notified draft rules for abolishing red beacons.The ban is supposed to be effective from May 1, and it does not exempt even vehicles of the President, Prime Minister and the Chief Justice of India.DeletionsThese Sub-Rules of Rule 108 are to be deleted: (1 ) (iii) No...

Kerala HC Tells Govt To Separate Crime Investigation And Maintenance Of Law And Order [Read Judgment]

Investigation of serious crimes entrusted to unskilled, amenable and influenceable police officers will do great amount of disservice to the citizenry, the bench said.Taking a note of the ‘sad state of affairs’ prevailing in the state in the matter of crime investigation, the Kerala High Court has asked the government to take some concrete action to separate crime investigation and...

Delhi HC Dismisses PIL On Kulbhushan Jadhav [Read Judgment]

A division bench of Delhi High Court headed by Acting Chief Justice Gita Mittal on Wednesday dismissed a PIL seeking a direction to the government to approach the International Court of Justice for securing the release of Kulbhushan Jadhav, who has been illegally detained at an unknown location in Pakistan and also sentenced by a military court there.The petitioner contended that...

SC Upholds Quashing Of ‘Hereditary Employment’ Scheme For SCCL Employees [Read Order]

HC had observed that scheme is a device to perpetuate succession.In a blow to Singareni Collieries Company Limited (SCCL) employees, the Supreme Court has upheld the Andhra Pradesh High Court judgment which had quashed ‘hereditary jobs’ scheme for SCCL employees.Last November, Singareni Collieries Company Limited (SCCL) had revived the scheme of jobs on heredity basis for existing...

Employees Compensation (Amendment) Act, 2017 Receives President’s Assent [Read The Act]

The Employees Compensation (Amendment) Act, 2017 received the President’s assent on April 12, 2017. It was introduced in the Lok Sabha in August, 2016, and amends the Employee’s Compensation Act, 1923.The main amendments introduced by the Act are: The employer needs to inform an employee of his rights to compensation under the Act in writing as well as through electronic means. Failure to...

Sale Of Entire Business As Running Concern Can’t Be Considered ‘Short-Term Capital Assets’: SC [Read Judgment]

Section 50 (2) of the Income Tax Act would apply to a case where the assessee transfers one or more block of assets, the bench held.The Supreme Court, in Commissioner of Income Tax, Ahmedabad, vs Equinox Solution Pvt Ltd, has held that Section 50 (2) of the Income Tax Act will not apply to a case where the entire running business with assets and liabilities is sold by the assessee in one go,...

Is There A Policy Or Scheme For Children Born To Victims Of Rape? Bombay HC Asks State Government

The Bombay High Court today asked the state government whether there was a policy or scheme in place for children born to victims of rape.The division bench of Justice Ranjit More and Justice Anuja Prabhudessai also sought to know whether the state is contemplating an increase in the compensation to be provided under the Manodhairya Scheme.Manodhairya Scheme was launched on October 2, 2013,...

Failing To Deposit Court Fees Due To Demonitisation: MP HC Allows The Applicant To Deposit It [Read Order]

A single bench of Madhya Pradesh High Court has allowed an applicant to deposit a requisite court fees in a criminal complaint case after he prayed due to demonetization he was unable to deposit it following financial constraints.The demonetization was in force from October 2016 to December 2016.The court quashed the order dated 17.1.2017 passed by the Judicial Magistrate First Class.The...

SC Lists Conditions To Be Met For Admitting Appeal Against CESTAT Order [Read Judgment]

Refuses to admit SAIL appeal against CESTAT order.The Supreme Court, in Steel Authority of India Ltd vs Designated Authority, Directorate General Of Anti-Dumping & Allied Duties & Ors, has observed that the following conditions must be satisfied before admitting an appeal under Section 130 E (b) of the Customs Act against an order of the Customs, Excise and Service Tax Appellate...