by Abhijeet Singh Rawaley Background In Rajesh Sharma & Ors. v. State of Uttar Pradesh & Anr. , a division bench of the Supreme Court of India, comprising Justices A. K. Goel and U. U. Lalit, was asked “ whether any directions… [were] called for to prevent the misuse of Section 498A, IPC ....
Blogs by Journal of Indian Law and Society
by Saniya Mirani The Indian judiciary resorts to two types of aids in interpreting a statute – internal and external aids to interpretation. Internal aids include the preamble, marginal notes, and headings of the relevant statute, etc., while external aids include legislative history, and surroundin...
Mr. Pradeep S Mehta is the founder Secretary General of the Jaipur-based Consumer Unity & Trust Society (CUTS International), a leading economic policy research, advocacy and networking, non-governmental group in India, with offices in Nairobi, Lusaka, Accra, Hanoi and Geneva. In April, 2012, M...
by Tejas Popat Advance Medical Directive, ( hereafter ‘directive/s’) or what is commonly known as a ‘living will’ is a document indicative of an individual’s wish to continue medical treatment or not when he is artificially kept alive. Recently, the Health Ministry released a draft of, ‘ The Medical...
by Vasujith Ram In paragraph 160 of the judgment striking down the National Judicial Appointments Commission as unconstitutional, Justice Khehar writes: “A little personal research, resulted in the revelation of the concept of the “legitimate power of reciprocity”, debated by Bertram Raven in his ar...
ginsburg_tom Prof. Tom Ginsburg is the Leo Spitz Professor of International Law and Deputy Dean at the University of Chicago Law School as well as a Professor of Political Science at the University. He is a prominent scholar of comparative and international and has authored or edited several books, ...
by Varun Srivastava The demand for One Rank, One Pension (OROP) has existed in various forms since 1973, when the policy was terminated by an order subsequent to the 3rd Central Pay Commission. In a significant ruling, the Supreme Court has held in D.S. Nakara & others v. Union of India that “p...
suchitra_vijayan_headshot Suchitra Vijayan is a writer, lawyer and a political theorist. She studied Law, Political Science and International relations, and was trained as a Barrister-at-Law. She previously worked for the UN war crimes tribunal for Yugoslavia and Rwanda. She co-founded and was the L...
by Mara Malagodi Nepali legislators are currently striving to promulgate the country’s seventh constitution and conclude the peace process that began in 2006 after the ten-year long Maoist People’s War. By 2001 a new constitution drafted ‘by the people’s elected representatives’ had become the Maois...
M thumb_flavia_agnes_1024 s. Flavia Agnes is a lawyer who has worked in the field of women’s rights for over two decades. She is a co-founder of Majlis Legal Centre, Mumbai, that provides socio-legal support to women and children on issues of matrimonial rights, domestic violence, sexual abuse, etc....
(Editor’s Note: This is fourth and final in a series of blog posts on the Labour Code on Industrial Relations Bill. Part I, II and II are here , here and here respectively. This post is a continuation of Part III, by Ayani Srivastava and Arpita Sengupta) We comment on matters relating to voluntary r...
(Editor’s Note: This is third in a series of blog posts on the Labour Code on Industrial Relations Bill. Part I and II are here and here . This post is written by Ayani Srivastava and Arpita Sengupta, and deals with definitions, change in conditions of service and compounding of offences) I. Definit...
(Editor’s Note: This is second in a series of blog posts on the Labour Code on Industrial Relations Bill. Part I is here . This post is written by Raktima Roy and Arpita Sengupta) In this post, we comment on matters relating to Standing Orders in Chapter IV of the Labour Code on Industrial Relations...
Editor’s Note: A group of faculty and students of the National University of Juridical Sciences, led by Prof. Saurabh Bhattacharjee, prepared a report on the Labour Code on Industrial Relations Bill, 2015. In a series of blog posts, the authors analyze the draft bill based on their report. This post...
by Mansi Binjrajka Although there is much discussion and awareness about sexual violence against women, the same is not the case with child sexual abuse. In Dr. A. P. J. Abdul Kalam’s words, a “conspiracy of silence” surrounds the subject. This is partly a result of the deep-seated belief that child...
by Kshitij Maheshwari The bifurcation of the State of Andhra Pradesh into Andhra Pradesh and Telangana happened in an unprecedented manner. When the states of Chhattisgarh, Jharkhand and Uttarakhand were created, the assemblies of Madhya Pradesh, Bihar and UP respectively had passed resolutions reco...