Tag: Supreme Court


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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THE NATIONAL ANTHEM ORDER: Bad in Law, Bad in Fact Law

First off, in stressing the need for the promotion of ‘constitutional patriotism’, the Supreme Court seems to have presupposed the existence of other kinds of patriotisms and to have also underscored the preferability of ‘constitutional patriotism’ to the other kinds, even if the apex court did not go as far as to deride or denounce the way ‘nationalism’ and ‘patriotism’ is being used as a...

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Jallikattu Protests: Right to Animal Cruelty Now? Law

In India, our hearts never stop bleeding for the cows, but their husbands — the bulls — are an altogether different matter. Compared to their human counterparts, the bulls might not have quite as many husbandly complaints of spousal maltreatment, but in the times of Jallikattu they can almost definitely plead gender discrimination. When the issue of animal abuse and needlessly endangering human life quickly...

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No ‘clean chit’ possible, Mr. Modi Law / Politics

Modi’s ‘clean chit’ flag-hoisting followed by the pompous ‘fasting’ and the post-fast boasting was a three-stage tragi-comedy of no consequence and left me more disgusted than amused exposing my misgivings about my ability to go giggling even over the most ridiculously phony theatrics. Mr. Modi, who had maintained a ‘studied’ – rather, ‘tactful’ – political silence, finally found a bit of his voice when he...

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Freedom of Press: Is Regulation Encroachment? Law

Unhe raha gurez jis bewajah ke shor se; Jamooriyat hai zinda un kehkahon ke zor se Democracies are clamorous because people are noisy, and the senseless noises they make are generally not only of no consequence, but are also born of selfish motives in most cases while in some it’s plain malice at work. But, it is this baffling disorder that is the heart and...

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Consent to abort: Supreme Court in error? Law

The Indian Apex Court has ruled that a physically major and mentally minor girl, who has no concept of sexual intercourse, pregnancy or motherhood, has the right to decide whether or not she wants to give birth to a child conceived of rape. Since under the Medical Termination of Pregnancy Act, 1971 (MTP Act) pregnancy cannot be terminated without express consent of the mother, the...

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Matto Judgment: ‘Rarest of Rare’ on trial Law

The noose is off. Santosh Singh will live despite having raped and killed, thanks to the Supreme Court’s magnanimous approach and its merciful application of the ‘Rarest of Rare’ doctrine. Ever since the doctrine of Rarest of Rare was evolved in Bachan Singh v. State of Punjab to answer the mandate of Section 354 (3) of Cr.P.C., the question as to what constitutes ‘rarest of...

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NO ONE KILLED JESSICA: Truth spiced up Movies

We knew the truth about Jessica’s death before the High Court and then the Supreme Court stamped it shut with a verdict of ‘guilty’ overturning the much criticized acquittal. So, was the acquittal symptomatic of judicial failure, or of the system’s inefficacy? It’s always easy to pin the blame on the ‘system’ because it is far easier to point fingers than to own up. Any...

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Passive Euthanasia: Judicial Spot-Running? Law

Passive Euthanasia is not ‘active’ or ‘positive’ killing. And Passive Euthanasia is morally superior than, say, ‘Active Euthanasia’. These are the two fundamental assumptions on which the recent Supreme Court judgment builds its tacit approval of a conditional ‘inactively executed medical termination of life’, which might sound like – and might also be – a contradiction in terms. So, is ‘letting die’ better than ‘killing’?...

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Corruption in Judiciary: Let truth precede judgment Law

Hope is the engine that propels life – individual and collective. Corruption has undeniably permeated all surfaces of public life, even those that were previously considered impregnable. The breach has been complete with only a few pockets of honesty and impartiality tucked away like stolen diamonds, or so it seems. An overwhelming majority of these ‘pockets’ are found in the judiciary, and if the recent...

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