Tag: Supreme Court


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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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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