NAVTEJ SINGH RULING: Gaping Pitfalls Law

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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SC/ST ACT RULING: A Balancing Act Law

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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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) Law

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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Right to Privacy: Fundamental Right, Why Not? Law

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

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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