How Twitter democratised the Indian courtroom
If and when Twitter shuts shop under Elon Musk’s erratic leadership, as has been feared by the platform’s users, its impact on how legal news is reported in India will be seen for years to come. Read more.
The order is not only based on an erroneous application of the law, but is also borderline incoherent. The fact that gender stereotypes continue to overrun judicial precedents is concerning. The Kozhikode Session Court’s order has once again highlighted the need for gender sensitization training for judicial officers as well as for advocates. It is a classic case where the victim has been put to trial to prove that her allegations stand. Gender justice can only be achieved when the system designed to deliver it is sensitized about its intricacies. The present order, if challenged, ought to be set aside by a declaratory judgment reiterating the law on sexual harassment. Read more.
In the present situation, the government has not chosen to repeal section 124A. Rather, it has only sought time to reconsider and re-evaluate it. It has not indicated its intention to repeal the section in any way, nor has it stated that it would refrain from enforcing the impugned section until a decision is reached. It must thus be construed that the government at present has no intention of repealing the impugned section, nor does it wish for the court to proceed with the petitions challenging its validity. This is, to put it simply, a bald attempt at stalling judicial review. Read more.
Heckler's veto: An explainer | The Leaflet
The Indian judiciary has regularly relied on foreign jurisprudence while interpreting the scope of fundamental rights under Part III of the Indian Constitution. The Heckler’s veto is a sensible legal doctrine that protects the bona fide exercise of rights by the citizen while also casting a duty upon the State to ensure that a conducive environment is created and maintained for the exercise of such rights. Such a doctrine surely deserves to be formally recognized and read into Indian law. Read more.
A case for permanent hybrid courts | The Leaflet
Countries as diverse as the United States, Singapore, Turkey, Canada, Italy, Belgium, Austria, Germany, Finland, Sweden, France, Lithuania, Russia, Albania, Croatia, Hungary, Ireland, San Marino, Serbia, Switzerland, Ukraine, United Kingdom, and Greece already have some form of virtual or hybrid options in their judiciary. As the times change, the Indian judiciary must change with it. The time has come to decide if the courts wish to function only in the buildings that they sit in, and if they wish to open the doors of justice to everyone, including those who may not be able to physically appear before them. Read more.
Despite denial by NIA Court, why Anand Teltumbde has a right to temporary bail | The Leaflet
In recent times, India has witnessed a certain contempt for established bail jurisprudence. The Supreme Court has tried to course-correct this and has repeatedly re-declared the law on bail. However, this is yet to percolate down to the courts of first instance. Read more.
Where America’s New Citizenship Law Passes, India’s CAA Fails | The Leaflet
The contrast could not have been any starker. While America has reversed its xenophobic and anti-immigrant policies to open its borders to immigrants and refugees, India, which was celebrated as a cauldron of cultural and religious diversity, has arbitrarily closed its borders to deserving asylum-seekers from its neighbouring countries. Read more.
Attorney-Client Privilege | Live Law India
A concept that evolved in the 16th century, is now one of the most important aspects of our legal system. Without attorney-client privilege, no person would ever receive a proper defense or a fair trial. In a modern legal system, the attorney-client privilege is at the heart of justice, and without it, there would be no liberty. Read more.
How Amy Coney Barrett's Confirmation Could Influence The US Supreme Court? | Live Law India
Following the death of United States Supreme Court Justice Ruth Bader Ginsburg, who passed away on Friday, 18th September 2020, President Donald J. Trump has nominated 48-year-old Judge Amy Coney Barrett to replace her at the top court. Read more.
74th Independence Day : Remembering India's Pledge | Live Law India
The National Pledge was authored by an individual named Pydimarri Venkata Subba Rao. Subba Rao, a native of Telangana, was a neuropathy doctor and a bureaucrat. He was also a polyglot, having mastered Sanskrit, Telugu, English, and Arabic. Read more.
Section 304A Of Indian Penal Code: The Amendment That Never Happened | Live Law India
Most judges, lawyers and academics agree that the heart of Criminal Law in India, i.e., the Indian Penal Code is still stuck in the colonial era; flooded with statutes that no longer satisfy the needs of the nation in the 21st century. The Indian Penal Code, which was originally codified during the British era under the leadership of Lord Macaulay, by and large remains the same today. Read more.