Author: admin
The British Have Repealed Their Sedition Act, Why Hasn’t India? – Published in Outlook
We inherited the sedition law from the British. In 1942 itself, CJ Gwyer introduced the concept of inciting ‘public disorder’ and subversionof the government by attempting to violence. While upholding the validity of Section 124-A, Gwyer’s interpretation was reiterated in different wordings and confirmed by the Supreme Court in Kedarnath case in 1962. In 1950, after we […]
CAA Notification: A Backdoor Measure That Could Prove Difficult To Roll Back – Published in the Outlook
In 2015, the Central government exercised its powers under the Passport (Entry into India) Act, 1920 the Rules of 1950 to exempt Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians belonging to Bangladesh and Pakistan, from adverse penal consequences of Passport (Entry into India) Act, 1920. At the same time in 2015, the government exercised its […]
Landmark Kerala HC judgement clarifies Muslim women’s right to initiate divorce – Published in The Indian Express
In the past, the Kerala High Court has delivered many landmark judgements in relation to Muslims’ divorce. This month, a Division Bench of the High Court was dealing with the issue of conditions in “Khula”, divorce initiated by the wife. The legal issue before the Court was whether a Muslim wife, once she has decided […]
The Dismal Use of Legislation – Published in Rising Kashmir
In the year 1994, the Supreme Court of India stated that “the culture of law in Indian democratic republic should be on secular lines”; and that there can be no democracy if anti-secular forces are allowed to work dividing followers of different religious faiths flying at each other’s throats. This is the understanding of the […]
Two Bails, Two Views, Many Inconsistencies – Published in the Leaflet
THE order granting bail to the young climate activist Disha Ravi is one of the finest expositions of law in the present times. It comes at a time when many political dissents engaged in permissible actions have been unreasonably criminalised. One hopes that this order will give “disha” (direction) to the other pending and future bail cases of similar […]
Ordinance with Malice – Published in Rising Kashmir
In the recent past, various ordinances were brought by the States including the Ordinance relating to interfaith marriages in the State of Uttar Pradesh and Madhya Pradesh, animal slaughter in Karnataka. All these Ordinances have serious penal consequences affecting personal liberty of citizens. In many cases booked under the UP Ordinance, the High Court of […]