Author Archives: HEMRAJ SINGH



HEMRAJ SINGH

FREEDOM OF SPEECH ASSAILED BY NOTIONAL SEDITION?
in Law

FREEDOM OF SPEECH ASSAILED BY NOTIONAL SEDITION?

One might disagree with the content of someone's speech or the way the freedom of expression is used or misused, but that by itself is no reason to call for its curtailment because the luminance of the freedom of expression far outweighs and outshines the flickering darkness of a few grey shadows that the presence of light might cast.

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23 Sep 2019
THE SPECIAL SITTING: NOTHING ILLEGAL, UNFAIR OR IMPROPER
in Law

THE SPECIAL SITTING: NOTHING ILLEGAL, UNFAIR OR IMPROPER

The special sitting of the Supreme Court on April 20, 2019, convened and presided over by the Chief Justice of India (CJI), Justice Ranjan Gogoi, with Justice Arun Mishra and Justice Sanjiv Khanna forming the bench to deal with a matter “of great public importance touching upon the independence of the judiciary” was quite clearly not a judicial hearing to adjudicate the complaint filed by...

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23 Sep 2019
THE ME TOO MOVEMENT: Sunscreen for Skin Cancer?
in Law, Society

THE ME TOO MOVEMENT: Sunscreen for Skin Cancer?

During a press conference at the White House on November 7, 2018, President Trump responded to CNN’s Jim Acosta’s searching questions relating to the President’s diatribe against the immigrants saying, “You are a rude, terrible person. You shouldn’t be working for CNN.” Acosta persisted with his questions and refused to let go of the microphone when a White House intern tried to take it from...

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17 Dec 2018
NAVTEJ SINGH RULING: Gaping Pitfalls
in Law

NAVTEJ SINGH RULING: Gaping Pitfalls

With Navtej Singh [Navtej Singh v. Union of India, Writ Petition (Criminal) No. 76 of 2016, Decided on: September 6, 2018] ruling the Supreme Court brought down the axe heavily and surely on Section 377 of the Indian Penal Code, 1860 shearing off in one fine blow all such undesirable aspects of the provision that did not agree with the constitutional morality, which the apex...

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21 Oct 2018
SC/ST ACT RULING: A Balancing Act
in Law

SC/ST ACT RULING: A Balancing Act

The judgment of the Supreme Court in Dr. Subhash Kashinath Mahajan v. The State of Maharashtra [Criminal Appeal No. 416 of 2018, decided on March 20, 2018] came under sharp criticism from several quarters and was also vigorously and, on some occasions, even violently protested against by the organizations and unorganized groups of people purporting to be the representatives of the class of people under...

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16 Jul 2018
MUMBAI, INDIA - JUNE 16: LGBT members take out a march "Vigil for Love" as they protest against the attack on Orlando Gay nightclub and demand support and solidarity for victims of attack at Azad Maidan on June 16, 2016 in Mumbai, India. (Photo by Anshuman Poyrekar/Hindustan Times via Getty Images)
in Law

SECTION 377: Constitutional Despite Puttaswamy?

The bedroom goings-on must be no concern of the State unless there is a violation of the law involved, which is precisely the point one would do well to bear in mind when it comes to the issue of the constitutionality of Section 377 of the Indian Penal Code in the light of the observations made by a nine-judge bench of the Supreme Court of...

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16 Jul 2018
Right to Privacy: Fundamental Right, Why Not?
in Law

Right to Privacy: Fundamental Right, Why Not?

State is a monster sentinel that serves only a vigilant master. When the master gets complacent, the monster takes over, and a tyrant is born and tyranny let loose. That’s the short and scary operating manual for democracy. The indubitable truth of the treacherous nature of all political systems no matter how well structured and how firmly founded is missed or doubted only by the...

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02 Oct 2017
Taareekh Pe taareekh – Judicial Delays : A Lot More Needed, A Lot Sooner
in Law

Taareekh Pe taareekh – Judicial Delays : A Lot More Needed, A Lot Sooner

For long before and ever since Sunny Deol thundered away the iconic ‘taareekh pe taareekh’ in Damini (1993), judicial delay has been a bone permanently stuck in the throat of Indian legal system apart from being a ready stick for anybody and everybody to beat it with by parading judicial delays as evidence of how completely ineffective and inefficient law enforcement in India is. The...

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02 Oct 2017
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