articles by Raghav Pandey and Neelabh Bist

India

Prashant Kanojia's arrest underscores need to revisit law on criminal defamation, restrictions on right to free speech

Today, fear of criminal sanctions under the law of criminal defamation forces people to refrain from exercising their right to freedom of speech and expression.

India

Ex-CJI Dipak Misra's argument in favour of non-criminalisation of marital rape insults institution of marriage

It’s safe to say that the non-criminalisation of marital rape remains the biggest blot on the face of fundamental rights jurisprudence in India.

India

Kerala HC judgment shows divorce debate on 'irretrievable breakdown of marriage' must be revived

The Kerala High Court recently observed that that a liberal approach needs to be adopted by courts while dealing with divorce applications based on mutual consent

India

Compelling wife to 'cohabit' with husband violates fundamental rights; it's time SC reviewed Section 9 of Hindu Marriage Act

Supreme Court must reconsider the constitutional validity of Section 9 of the Hindu Marriage Act, which empowers courts in India to effectively force a person to live with their spouse against their will

Business

Vijay Mallya extradition: Stricter Indian rules, policies can change dynamics of economic frauds committed in broad daylight

While India managed to rebut the claims of lack of infrastructure in the Vijay Mallya case, in the long run, the country needs to invest in the development of the criminal justice system and infrastructure so that such claims can hardly be raised in good faith.

India

SC approval of Witness Protection Scheme could be turning point in India's criminal justice system, but implementation is key

The Witness Protection Scheme is a very comprehensive policy that is bound to change the dynamics of criminal law in India for good, but the real test is its implementation and enactment.

India

SC notice to Ramdev on plea against 'Godman to Tycoon' evokes question of interplay between right to privacy, freedom of speech

In his petition, the yoga guru had alleged that 'Godman To Tycoon: The Untold Story of Baba Ramdev' had defamatory content that could harm his economic interests and reputation.

India

Remedy to pendency problem will help expedite disposal of cases and speedy justice to people

The pendency of cases in Indian courts is the biggest factor accounting to the slow and languishing pace of the case.

India

Right to legal representation: Refusal of lawyers to represent accused, irrespective of crime, amounts to failure of judicial system

The inherent logic behind providing representation to every person is to safeguard the legal system.

Business

World Bank Ease of Doing Business ranking: Why strong and efficient laws like IBC create a conducive environment for biz

the dual mechanism of insolvency and thereafter liquidation creates an efficient system of Insolvency Laws, which is very critical for the development of any economy.

India

Allahabad becomes Prayagraj: Before claiming saffronisation, historical and cultural imperative must be examined

As the contentious debate that revolved around Allahabad being renamed Prayagraj has been sparked off, let's analyse the narrative which is to run after this monumental change

India

Women need faith in police, judiciary to speak up; death penalty neither ends rape, nor instils confidence among them

A major problem is that with the rape of girls below 12 punishable by the death penalty under the ordinance, there are now high chances that the accused will murder the child after the rape.

India

PIL demands censorship of streaming portals: Petition is based on misogyny, vague definition of obscenity

A PIL was filed in the Bombay High Court for regulation of online web streaming portals like Netflix.

India

Chief Justice Ranjan Gogoi puts an end to 'mentioning' in SC: Practice infamous for abusing process of court

CJI Ranjan Gogoi made it clear to litigants and advocates that he will not let the process of law get in the way of delivery of justice. It must be noted that this practice had become a form of institutionalised discrimination towards junior advocates.

India

CJI Dipak Misra will be remembered for chronicle of controversies, rather than major judgments

The last week of outgoing CJI Depak Misra's tenure was probably the best week that the Indian legal community has seen in terms of the rights that were guaranteed to the citizens.

India

Justice behind bars: As Supreme Court forms panel on prison reforms, overcrowding, rehab remain biggest challenges

Despite the periodic interference by the Supreme Court to provide inmates with various rights, there still exists a lot of scope for prison reforms.

India

Indian judiciary must be proactive to ensure women’s participation in legal process; diversity in decision-making reaps better results

The Supreme Court of India has had only eight women as judges since its inception, including Justice Indira Banerjee.

India

Vague definition of a terrorist, several ad hoc amendments make Unlawful Activities (Prevention) Act a draconian law

The law under consideration is the Unlawful Activities (Prevention) Act, (UAPA) 1967. It was enacted by the Congress and aimed to put a stop to activities which threatened the sovereignty and integrity of India. The ambiguity of the law restricts the freedom of speech and expression and the court had to always actively intervene to protect the said rights of the citizens charged under this Act.