articles by Shishir Tripathi

India

How Places of Worship Act infringes basic human and constitutional right of seeking justice

The Act bars Hindus from seeking justice and reclaiming their religious and cultural heritage. Striking it down will not immediately provide them any relief, but will allow them to fight for their rights that have been denied till now

Opinion

Marital rape: How understanding ‘context’ rather than just focusing on ‘consent’ will help resolve the issue

It’s time we clear the ambiguity over the issue of ‘marital rape’. Either we decide to acknowledge it and make it a criminal offence, or we decide to exempt it from judicial scrutiny is a choice that the legislature and judiciary have to make

Opinion

How courts can stop judgments on death sentence from being challenged

There have been several genuine attempts by the Supreme Court to classify cases that can be seen fit for awarding the death penalty

India

The great repression: How sedition law survived in India despite three near-deathblow verdicts

Starting on 5 May, the Supreme Court will start the final hearing in the bunch of petitions challenging the legality of the sedition law

Politics

Uddhav Thackeray must overcome multiple legal hurdles, comply with constitutional provisions to remain Maharashtra CM

Uddhav Thackeray has understood that bypassing all these legal hurdles to continue in the office would not an easy task hence has sought Prime Minister Narendra Modi's intervention to sail through this constitutional crisis.

Breaking Views

Coronavirus outbreak forces leaders to transcend party lines, coordinate on Twitter for welfare of migrant labourers stuck amid lockdown

This becomes interesting as social media, especially twitter has been a battleground for different ideologies, with contestation rather than consensus being the norm.

India

Jamia violence: In war of leaked CCTV footage, truth remains casualty as neither JCC nor Delhi Police can claim innocence

The CCTV footage released by Delhi Police was of 15 December, the night violence took place of Jamia campus.

India

JNU violence: Why did VC Jagadesh Kumar allow festering student resentment to escalate? And why isn't his inaction under scrutiny?

On Sunday evening, violence broke out at the JNU campus as masked men and women, armed with sticks, attacked students and teachers, and damaged property on campus

India

Kuldeep Singh Sengar convicted of rape: Survivor suffers trial by fire as powerful perpetrators expose loopholes in criminal justice system

The failure of the criminal justice system does not lie majorly in preventing the crime, but in failing to ensure fair investigating and protecting the interests of the victim.

India

SC orders probe into Telangana encounters: Extrajudicial killings are shock to India's legal conscience and have no place in a democracy

The act of killing someone is, by all means, a crime that "shocks the conscience of the nation". But, when a similar crime is committed by those who are meant to prevent it, it shocks the legal conscience of the nation

India

After 14 years of RTI Act, two landmark judgments by Delhi HC and appeal that waited for 9 years, Supreme Court decides CJI office comes under law

After 14 years of the existence of the Right to Information Act, two landmark judgments by Delhi High Court, both of which held that office of CJI is a "public authority" and is subject to the RTI Act and an appeal that had to wait for six years to be referred to a constitutional bench and again had to wait for three years, finally got a decision. And the decision is that the office of CJI is subject to RTI Act.

India

Ayodhya hearing: Lawyer Rajeev Dhavan marred his performance in Supreme Court with his needless Arnab Goswami act

Ayodhya hearing: Dhavan dramatically tore up a document submitted by one of the Hindu parties in the presence of Chief Justice of India Ranjan Gogoi and other four judges of the Bench. As part of a submission of evidence, the document was a property of the court and destroying it bordered on, if not contempt of the court, contempt for the court.

India

Ayodhya dispute: KKK Nayar, the district magistrate accused of 'dereliction of duty' in Faizabad who helped Hindus 'reclaim land of their God'

Ayodhya hearing: Nayar who was posted at Faizabad for nine months and fourteen days, from 1 June 1949 till 14 March 1950 was accused of 'dereliction of his duty' as district magistrate and along with Guru Dutt Singh was forced to quit the service

Politics

Opposition's boycott of special Uttar Pradesh Assembly session bad strategy, optics; defiant MLAs leave Adityanath critics red-faced

The Opposition parties in Uttar Pradesh should have realised that they would have made more noise by participating in the special session of the Assembly and using it to take on the government on whatever issue they would have deemed fit

Politics

SC remands poll affidavit case against Fadnavis to trial court: Beyond optics and ammo for opposition, case won't dent CM's poll prospects

The judgment has come at a time when the Election Commission announced the dates for Maharashtra Assembly elections and Fadnavis is the incumbent chief minister and face of the Bharatiya Janta Party (BJP) campaign in the state. While it might 'politically' harm his prospects, legally it would not help opposition much beyond creating some high-decibel noise.

India

Narendra Modi at UNGA: Unlike Imran Khan, PM focussed on multi-lateralism and global issues

When Modi addressed the United Nations General Assembly (UNGA) it became evident that it was Prime Minister Modi — a world leader of global appeal

India

UPSC exams 2019: Question on ‘secularism’ objectionable, makes exercise to recruit civil servants flawed

If the question on secularism, asked in the UPSC exam, was drafting error then it can be overlooked, but if the tone was deliberate then it raises serious questions on propriety of the one who framed it, especially since the exam paper that is meant to recruit administrators whose conduct are tested on litmus of objectivity

India

Uttar Pradesh bears I-T burden of its MLAs with 'meagre earnings' of Rs 1.9 lakh a month; India's VVIP culture runs deeper than defunct red beacons

According to the affidavits filed by the candidates in the Legislative Assembly elections of Uttar Pradesh in 2017, more than 80 percent of MLAs were multi-millionaire.

India

Centre revokes special status to Jammu and Kashmir: Article 370 not entirely 'repealed' but is now redundant, says senior lawyer

The general impression that is prevailing is that Article 370 has been totally repealed. However, the reality is slightly different, says lawyer J Sai Deepak.