Legal Mirror

Improper postmortem can lead to the death of justice

A dead body was found in a remote village of Madhya Pradesh. It had been discovered in a well after seven days of the death of the deceased. It was in a heinous condition and the people were even scared to look at it. The matter was reported to the police. The constable went running to the house of the government doctor who was posted in the village.

There was party organized at his house. Everyone a couple of doctors, their wives and children were enjoying some quality time with each other.

The news ...read more Read More

Decoding the D.N.A legislation in India

The forensic technology has played an integral role in solving criminal cases. D.N.A (Deoxyribonucleic Acid) tests, first discovered by Prof. Alec Jeffreys in 1985 in England has now become a credible source for identifying a person with the help of his blood, hair, sperm, muscle, nerve or tissue sample. Sometimes when the victims resist, they scratch their attackers, in such cases skin cells underneath the victim’s fingernails are extracted to identify the criminal. Compared to a blood test, the possibility of a D.N.A finger printing going wrong is one in 30,000 million.

D.N.A fingerprinting: ...read more Read More

The ugly truth regarding the Women Reservation Bill

The Women’s day this year was indeed very special, the parliament passed the Women Reservation Bill with full vigor.

The reservation for women in the political front emerged with the Panchayati Raj Act, 1992 which was passed in Rajeev Gandhi’s tenure. The Act provided for women’s reservation upto 33% in the Panchayats.

Subsequently demands for women’s reservation in Parliament and state legislatures were raised . In 1996, the then Prime Minister H.D. Dewe Gowda promised to fulfill these demands. After almost 13 years; the Women’s Reservation Bill [The Constitution (108th Amendment) Bill, 2008] was finally ...read more Read More

Will the quality of justice improve by the creation of National Judicial Service?

National Judicial Service has been one of the most political-legal contentious issues in the judicial history of India. The debate has continued for years. On one hand the law ministry and the legislature intends to introduce the National Judicial Service in the country where as on the other hand the judiciary intends to postpone the same.

Why do judges oppose the commission of All India Judicial Service?

There are four basic ways of judicial appointments:-

1. By political institutions (Partially practiced in Italy and South Korea)

2. By judges themselves (Japan, Iraq and India)

3. By non-judge members (Brazil and Most American States)

4. Through Election ...read more Read More

Is law the problem or the solution?

In classic terms and times Bodin said “Sovereignty is supreme power over citizens and subjects unrestrained by laws”. Only the sovereign can create and execute laws. This was a classic notion of state from Luther to Bodin to Hobbs and Austin. But in current literature and reality, sovereignty seems a failed attempt of independence hijacked by the globalization project. While studying law, we often do not bother to understand sovereignty nor question the sovereignty of law shadowed by the Black Law. We don’t question that what happens to the legal thinking and theories when sovereignty is diminished?

As the corporate project ...read more Read More

Are we prepared to deal with another Bhopal Gas Tragedy? With Civil Nuclear Liabilities Bill its hard to imagine

The victims of the Bhopal Gas Tragedy, one of the world’s worst disasters are still facing the consequences of the unfortunate incident. The legal framework in 1985 was inadequate to conduct a fair trial of Union Carbide and its CEO Warren Anderson. The U.C.C paid a settlement amount of 470 million dollars to the victims, considering it as its moral obligation. No criminal or civil proceedings were initiated against the notorious Multinational Union Carbide. The decision of Bhopal Gas Tragedy still considered a black chapter in the judicial history of India.

Instead of rectifying ...read more Read More

Is Public Interest Litigation the Pill for the ILLs?

History of Public Interest Litigation:

The last two decades have witnessed the conceptualization of Public Interest Litigation in India. Through it the courts (High Court and Supreme Court) have acquired the power to grant justice to people on humanitarian grounds. It has ensured access to justice for the deprived, under-privileged and neglected segments of the society. Various public spirited persons and NGO’s have approached the court of law through this resort.

Section 32 of the Indian Constitution conferred a right upon every aggrieved individual to move to the Supreme Court or ...read more Read More

Morality of Legal System in India – a Learning from My Recent Visit to BITS Pilani

I recently met Hayagriv Sridharan and Kushal Agarwal, two students from BITS, Pilani. They had presented a paper on “Morality of Profits”. One of them said “Do unto others what you would do unto yourself!” while making the presentation. This statement had a long lasting impression on me.

Bentham said that law is the greatest happiness to the greatest number. Thus the utilitarians believed that it is the morals of the society which determine the laws ...read more Read More

Do you think you can Legalize your Second Marriage by Islam Conversion? Think Again!

Monogamy is an integral part of Christian Faith. In 1860 when Indian Penal Code was framed, Bigamy was declared an offence under Sections 494 and 495 is punishable with fine and imprisonment of seven years or both. Both man and woman can be punished under these sections.The Sections apply to all communities in the country apart from Muslim males. The tribal man and woman are also exempted from the same if their customary laws do not consider the plural ...read more Read More

Wife Swapping : A Blow to Indian Marriages – An Overview on Adultery as Crime

Sunita was married to Anant Sharma for ten years. She had two children from the blissful relationship. One day she discovered that her husband was involved with his colleague Sameera, who was fully aware of his marriage. Unfortunately the court can prosecute neither Anant nor Sameera for adultery according to the Indian Penal Code.

Section 497 of Indian Penal Code declares adultery as a crime. However to constitute the offence a man should have consensual intercourse with a married woman.  Sexual intercourse which ...read more Read More