CATEGORIES
فئات
Cry, the Beloved Country
As an increasing number of activists are being jailed, it seems like history repeating itself. Habeas corpus needs to be implemented aggressively
Free Speech and the Brandenburg Test
With Indian courts having to deal with cases involving freedom of speech and alleged acts of sedition, it is pertinent to examine the “Brandenburg Test”, a landmark principle based on the US Constitution
A Bridge Not Too Far
For the first time in India, wildlife bridges and underpasses on the Expressway will help animals navigate sanctuaries safely. The judiciary too has played a major role in protecting animal rights
A Booster Shot
The government’s decision to raise the limit of foreign investment in Indian insurance companies from 49 percent to 74 percent is a timely boost. Can it be a game-changer in an industry weakened by the pandemic?
Who Is The Real Victim?
The Delhi High Court recently observed that it had become a trend to register false FIRs in sexual offence cases, thereby tarnishing the image of the man. The police too prefers to ignore them
Rape and The Law: An Egregious Tale
In September 2020, the brutal rape and murder of a young woman in Hathras shocked the nation. Some 27 years earlier, another similar rape occurred. Both are mirror images in terms of the crime and legal implications
Times Of Stress & Distress
There is a constitutional right to speedy trial, but this often does not take place due to case overload in courts. The apex court needs to devise an effective policy on wrongful charging, prosecution and incarceration
Centre's Response Sought On Cancellation Of Ration Cards
The three-judge bench of the Supreme Court headed by Chief Justice of India SA Bobde termed the cancellation of three crore ration cards on account of the nonlinking with Aaadhar cards by the centre as “too serious” and sought the response of the Union government and all the states on this issue. The Court was hearing a PIL filed on the issue of implementation of a grievance redressal mechanism to ensure food to everyone under the National Food Security Act (NFSA). In this case, the petitioner, Koili Devi, sought an independent probe into starvation deaths across the country, the restoration of all cancelled ration cards and compensation for the death of her 11-year-old daughter Santoshi due to starvation.
Supreme Court upholds NCLAT judgement, no relief for defaulting promoters
The Supreme Court ruled that defaulting promoters, who are barred from submitting a resolution plan under Section 29A of the Insolvency and Bankruptcy Code (IBC), could not use any scheme or arrangement to gain control of their companies during the liquidation process.
Watch this Watchdog
Over the last five years, there has been a systemic slowdown in the submission of CAG reports. Critics wonder if the government’s fiscal strength and management is being assessed at all or not
The Game is On
West Bengal represents the BJP’s final frontier but the party heavyweights are up against a gutsy street fighter in Mamata Banerjee. The elections have become a volatile mix of horse-trading and power games and, to paraphrase the TMC slogan, the game is on. The final score will have a major impact on national politics
A Home Away from Home
In a move to provide shelter to couples who apprehend a threat after marrying against the wishes of their parents, the Punjab and Haryana High Court has said that they be provided a safe house
US SUPREME COURT PAVES WAY FOR RELEASE OF TRUMP'S TAX RETURNS
FORMER US President Donald Trump, who left office on January 20, continues to face an array of legal issues concerning personal and business conduct. In a recent development, the US Supreme Court has paved the way for a New York City prosecutor to obtain Trump’s tax returns and other records as part of an accelerating criminal investigation.
Vaccine Diplomacy
In the spirit of collaboration, the prime minister has suggested a special visa scheme for Indian doctors and nurses so that they can travel quickly within the sub-continent to help with the pandemic as well as a regional air ambulance
Whose Law? Which Order?
Even as the conceptions of the right to freedom to assemble and public order are under scrutiny in India, the Ugandan constitution shows the way ahead. Nowhere does it suggest that the ways of policing may downgrade dissent or adjudication of rights in conflict.
Royal Blues
This week, the popular TV drama The Crown, will feature an episode on the tragic death of Princess Diana in a car crash in Paris while being chased by the paparazzi. It is a poignant reminder of the harsh glare of the spotlight that members of Britain’s royal family are constantly under.
Not a Slick Affair
After the company won an international arbitration tribunal ruling against India for levying taxes retrospectively, the centre will contest all cases filed by Cairn in various international courts
Selling the Family Silver?
The centre’s strong pitch for privatisation is an attempt to give a fillip to the economy. While many PSUs are loss-making, unless there is a clear plan and fast implementation, it could be another failed venture
Power Play
Recent statements by persons in authority suggest that power outages in major cities like Mumbai can be the result of malware planted by hackers. What legal options exist?
Legal Conundrum
In an affidavit to the Delhi High Court, the centre said that decriminalisation of Section 377 of the IPC does not automatically translate into the fundamental right to marry for same-sex couples
More Testing, Tracking, Tracing...
The recent spike in cases is ample evidence that the SARS-CoV-2 virus has mutated. This, along with the lack of Covid-19 appropriate behaviour, has led to increased cases. Vaccination could stem that
A Surgical Strike
The government’s new guidelines for ethics and digital media are related to recent events but it has been in the works for some time. The legal implications are worth examining
An Act of God, No Doubt, But Which One?
An admirable judgment from the Madras High Court relieved a trader from paying license fee during the lockdown and focuses on the “impossibility” of performance of the contract and sees it under the scanner of Article 14
Domino Effect
After the clash between farmers and the police on R-Day, a slew of lawsuits was filed. Courts have now ordered the Delhi police to upload all relevant FIRs from Nangloi police station on its website
What Will Jack Think
The job of teachers in the lives of their students can be profound. Like French philosopher Albert Camus, I too had kind, thoughtful and morally upright teachers whose influence guided me in my legal profession
I Kid You Not
Gujarat has decided to disqualify three political candidates under the norm. Other states too have had such stipulations, leading to a drop in India’s fertility rate
The Political Toolkit
The arrest of the 22-year-old climate change activist on charges of sedition has created global headlines and sparked protests. What exactly is this toolkit and what was her role in it?
SEDITION: SUPREME COURT VIEW
The sedition law, under which Gandhi and his freedom fighters were jailed, has been reviled and condemned as anachronistic and an imperialist hand me down. It has also been challenged in court. But it still flourishes.
Boosting Infrastructure
While the centre’s plan to establish a Rs 20,000-crore DFI for infrastructure projects is an old idea, its success will depend on transparency and accountability and its engagement with stakeholders
Taking on Twitter
After foreign tweets on Indian developments led to controversy, the government has reacted to Twitter on Koo, a homegrown micro-blogging site. Having two platforms will cool down passions