The Nyaaya Weekly

Your Weekly guide to decoding legal information in the current news cycle.

Graphic of scales

Jul 8, 2022

Contempt of Court and the Rule of Law

Guest post by Pallavi Mohan Recently, controversy has erupted over a Supreme Court Judge’s statements on a person who had brought a case before the court after making controversial statements designed to promote communal disharmony (the petitioner). The person in question has received bouquets and backlash alike for her statement. Whatever one’s views on this controversy, it does raise the question of what value can be put on the oral statements of the Supreme Court Judge and whether outright social media criticism of the judge affects the rule of law. What is the value of oral statements made by judges in open court? Here, the Supreme Court issued a written order permitting the petitioner to withdraw her petition for clubbing of FIRs registered against her in various states. There is no mention in the written order of the comments made by the judge during the oral hearing. As such, the written order is the only material and relevant part which decides the rights of the parties to the case. Any oral comments made by judges during the hearing or the oral discussion before the passing of the written order have absolutely no value in the eyes of law. Can the person file a petition calling for the removal of the comments made against her? With a written order, if a party is dissatisfied, they can seek a review of that order from the same judge. They can point out the error of the judge in their consideration of the facts of the case or the application of law. However, with oral comments made during the hearing, the party cannot get such comments removed or reviewed, especially since they hold no legal value. Does the social media outrage on the remarks of the Supreme Court judge amount to contempt of court? …
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Jul 1, 2022

What does the Roe v Wade judgment have to do with Indian law?

The US Supreme Court overruled the historic 1973 Roe v. Wade judgment, which made abortion a constitutionally protected right for American women. This landmark judgment had an effect on constitutional laws in many other countries, including India. What was the Roe v Wade judgment all about? In this US case, a Texas law which prohibited […]

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Jun 24, 2022

Does Agnipath Scheme Violate a Fundamental Right of Soldiers?

Recently, the central government has announced the short-term Agnipath recruitment scheme for the armed forces. However, limited job security and lack of post-retirement benefits offered by this scheme have led to widespread violent protests across the country. What is the ‘Agnipath recruitment scheme’? This scheme restructures the recruitment process for armed forces personnel below the […]

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Jun 17, 2022

What are the rights of Air Passengers?

Guest post by Pallavi Mohan In 2021, around 8.38 crore people travelled on domestic flights in India, which is up from 6.3 crores in 2020. Currently, around 9 airlines operate domestically within India, apart from several regional airlines, charter airlines and cargo airlines. Recently, the Directorate General of Civil Aviation (DGCA) imposed a penalty of […]

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Jun 3, 2022

Can film names be trademarked?

Guest post by Pallavi Mohan Recently, the Delhi High Court decided that the name of the acclaimed film “Sholay” is protected under the Trademarks Act, 1999. This movie, originally produced by Sippy Films Pvt Ltd and released in 1975, has gained a cult status over the years. Though the word “Sholay” means “burning coals” in […]

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May 31, 2022

Gyanvapi Mosque Title Dispute: Key Facts

A District Judge in Varanasi is currently hearing the petitions about the Gyanvapi mosque in Varanasi. Let’s see what the controversy is all about. What is the history behind the Gyanvapi mosque case? In 1991, local priests in Varanasi filed a title suit (a suit declaring a person’s ownership of a property) in the civil […]

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May 20, 2022

Does India have Sports Laws?

India’s shuttle badminton team created history recently by winning the Thomas Cup tournament for the first time. This international badminton championship is played between member nations of the Badminton World Federation. Did you know that there are rules that govern India’s participation in international sporting events like the Thomas Cup? Let us understand the sports […]

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May 13, 2022

Infringement of Trademark: What, when and how?

Guest post by Pallavi Mohan Recently, the Delhi High Court awarded damages of Rs. 2 lakhs and costs of Rs. 9 lakhs in favour of the global coffee shop chain, Starbucks Corporation, for infringement of its trademark “Frappuccino”. A cafe by the name of “Teaquilla – A Fashion Cafe” had allegedly been using the word […]

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May 6, 2022

Rising Costs and Fixed-Price Contracts

Guest post by Pallavi Mohan The 2-year long global COVID-19 pandemic, the Russia-Ukraine conflict and the recent spate of lockdowns in China have left the MSME (Micro, Small and Medium Enterprises) sector in India in dire straits. Those who have entered fixed-price contracts are feeling the pinch of the rising cost of raw materials and […]

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Apr 29, 2022

Sedition Law: Yay or Nay

Guest post by Pallavi Mohan Recently, the Supreme Court started hearing a clutch of petitions challenging the validity of the provision which criminalises sedition in India. Sedition is a criminal offence under Section 124A of the Indian Penal Code. It punishes a person who incites (or attempts to do so) hatred or contempt, or disaffection […]

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Apr 15, 2022

A Brick for a Brick: The new face of justice?

Guest post by Pallavi Mohan Last Sunday, on the Ram Navami festival, incidents of communal clashes were reported from the Khargone district in Madhya Pradesh. The next day, there were reports of an extensive demolition drive to raze around 45-50 illegal structures on government land in five localities of Khargone. These structures allegedly belonged to […]

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Apr 8, 2022

The welfare of children orphaned during the Covid-19 pandemic

Guest Post by Pallavi Mohan In April 2020, on account of the Covid-19 pandemic, the Supreme Court of India decided to look into the situation of children living in Child Care Institutions, children who lived on the streets and those children who were in conflict with the law. However, in May 2021, the Court found […]

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Apr 1, 2022

Identification Measurements in Criminal Cases: New Developments

Guest post by Pallavi Mohan A few days ago, the Union Minister of State for Home Affairs tabled the Criminal Procedure (Identification) Bill 2022 (“Identification Bill”) before the Lok Sabha. This new bill proposes to allow the police to take specific details/identification measurements of convicts and other persons for identification, investigation and prosecution of criminal […]

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Mar 25, 2022

Marital Rape: Are These the Winds of Change?

Guest post by Pallavi Mohan Trigger Warning: The following content contains information on violence which some readers may find disturbing. A couple of days ago, the Karnataka High Court passed a historic order refusing to drop charges against a man for raping his wife. To a normal reader, calling it historic might seem like hyperbole, […]

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Mar 22, 2022

Rights of LGBTIQA+ : No more conversion therapy

Guest post by Pallavi Mohan Recently, the Madras High Court directed the National Medical Council to inform all State Medical Councils to take action for professional misconduct against any medical professional who is providing ‘conversion therapy’ to any LGBTIQA+ person. What is ‘conversion therapy’? Conversion therapy is an attempt to change the sexual orientation of […]

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Mar 22, 2022

Everything you need to know about Anticipatory Bail

The Supreme Court has granted anticipatory bail to Goa-based restaurateur Jude Lobo, accused of raping a Delhi woman. What is anticipatory bail? Anticipatory bail is a Court order to release someone on bail, issued even before the person is arrested. When someone anticipates that they may be arrested for a non-bailable offense, they can apply […]

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Mar 22, 2022

5 things you didn’t know about the Punjab Preservation of Subsoil Water Act, 2009

The Air quality in Delhi and surrounding areas dipped to the ‘very poor’ zone today, with the AQI reading reaching 360 in some places. Delhi environment minister Gopal Rai had on Thursday blamed stubble-burning in neighbouring Haryana and Punjab as the major reason behind the plunge in air quality in Delhi. A study done in […]

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Mar 21, 2022

Prenuptial Agreements: Enforceable or Not

What are prenuptial agreements? Prenuptial agreements or marriage contracts are domestic agreements between spouses, prospective spouses or live-in partners. They set out the terms of how the parties want to deal with the issues that would arise during and possibly, at the end of the marriage/relationship. Usually, such agreements deal with issues like the division […]

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Mar 11, 2022

Mediation: Another Way to Resolve Disputes

The recent Ukraine-Russia crisis has had many world leaders, including the Indian Prime Minister, trying to mediate between the two countries to bring an end to the hostilities. In the past too, neutral countries have mediated international conflicts between nations. For instance, Sweden played a crucial role in the talks during the Vietnam War and […]

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Mar 11, 2022

How Can We Stop Bullying in Schools?

Recently, a 15-year-old boy, studying in a popular school in Faridabad, committed suicide. In the suicide note addressed to his mother, he mentioned being mocked by his fellow students because of his sexuality and bullied by his teachers and higher school authorities for being dyslexic.   What is bullying? In school children, bullying is unwanted, […]

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Mar 11, 2022

Is the Prevention of Money Laundering Act being misused?

The Supreme Court is currently hearing a series of petitions which allege that the Prevention of Money Laundering Act, 2002 (PMLA) is being misused for political advantage. What is the PMLA? The PMLA is the law for preventing money laundering and dealing with property derived from it. Money laundering means converting money obtained from unlawful […]

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Mar 11, 2022

To Hijab or Not: The Constitutional Question

The recent protests in Karnataka against the ban on Hijab in certain educational institutions have once again brought into sharp focus a person’s right to religious freedom and the restrictions that the State can place on it. What is the controversy about? The controversy started in the Udupi district of Karnataka when a Government […]

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Mar 11, 2022

Prevention of Sexual Harassment: Recent Developments

Recently, the Calcutta High Court dealt with a case of sexual harassment as alleged against a teacher of Navodaya Vidyalaya Samiti by several female students. This is one of the recent cases in which the Supreme Court and different High Courts have clarified the scope of sexual harassment at the workplace laws. Almost 24 years […]

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Mar 11, 2022

The Kerala Nun Rape case: Credibility of the Survivor

TRIGGER WARNING: The following content contains information on sexual abuse that some readers may find disturbing.   In a recent case, the Additional Sessions Judge of Kottayam (Kerala) acquitted a high-ranking Church official from rape charges alleged against him by a nun. The nun, from the Missionaries of Jesus convent in Kuravilangad, had accused Franco […]

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Mar 11, 2022

The Menace of Online Harassment

Two names have been in the news a lot lately – ‘Bulli Bai’ and ‘Sulli Deals’. The Delhi and Mumbai Police have made several arrests across the country in connection with these names. Let’s find out what the controversy is all about. What are the ‘Bulli Bai’ and ‘Sulli Deals’ apps? ‘Sulli Deals’ was an […]

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Mar 11, 2022

Do patients have the right to receive medical information?

Recently, a mother approached the Delhi High Court to find out about the status of her son, who had been isolated in a hospital since the time of their arrival in India from an at-risk country. In the context of the pandemic, a patient and their family’s right to medical information is particularly important. In […]

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Mar 11, 2022

Mental Illness: Supreme Court’s recent interventions

What is “Mental Illness”? Section 2(s) of the Mental Healthcare Act, 2017 defines ‘mental illness as a substantial disorder of thinking, mood, perception, orientation or memory that impairs a person’s judgment, their capacity to recognise reality or their ability to meet the ordinary demands of life’. It includes mental conditions associated with alcohol and drug […]

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Mar 11, 2022

Data Protection Bill, 2021: Key Takeaways

What is the Data Protection Bill, 2021? In December 2019, the Personal Data Protection Bill was first introduced in the Lok Sabha. Two years later, on 16th December 2021, the Joint Parliamentary Committee (JPC) looking into the 2019 Bill, tabled a report in both houses of the Parliament providing its recommendations. As per the report, […]

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Mar 11, 2022

Social Security for Gig Workers

Why is this topic relevant now? Recently, a writ petition was filed before the Supreme Court by the Indian Federation of App Based Transport Workers (IFAT) along with two persons employed as drivers by the app-based aggregator Ola. It contended that all workers employed by app-based aggregators (Gig Workers) were eligible for social security benefits […]

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Mar 11, 2022

Protecting Children from Sexual Offences: Why is the Allahabad High Court decision under the scanner?

TRIGGER WARNING: The following content contains information on child sexual abuse which some readers may find disturbing. The Protection of Children from Sexual Offences Act, also known as the POCSO Act, was introduced in the year 2012 to protect children (persons of any gender below the age of 18 years) from sexual abuse and exploitation. […]

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Mar 11, 2022

What is the probative value of WhatsApp Messages in trials in Indian Courts?

The controversy surrounding the arrest of a famous Bollywood star’s son for his alleged involvement in a drug conspiracy and his recent release on bail by the Bombay High Court has, once again, brought into sharp focus the questionable reliance that Indian agencies place on WhatsApp messages during their investigation. Are investigating agencies allowed to […]

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Mar 11, 2022

5 things you didn’t know about Electricity and the law

Several parts of Mumbai and Mumbai Metropolitan Region (MMR) were affected by a massive power outage today. The reason for the power outage is said to be multiple trippings of power lines supplying power to Mumbai and MMR. It has been reported that nearly 360 MW of power supply has been affected. Which law regulates […]

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Mar 11, 2022

5 Criminal Charges against Kangana Ranaut

An Andheri Court has ordered an inquiry against Kangana Ranaut and her sister Rangoli Chandel for supposedly posting offensive tweets against the Muslim community. So, what are the criminal charges that have been registered against Kangana Ranaut under the Indian Penal Code? Promoting enmity between different groups (Section 153A) The law can punish anyone who […]

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Mar 11, 2022

5 things you didn’t know about your Right to Information

The Central Information Commission has asked the Ministry of Electronics and Information Technology to explain why it did not respond satisfactorily to a Right to Information (RTI) application related to the Aarogya Setu app. The Ministry has now said that it is taking steps to comply with the Commission’s orders. Which law gives citizens the […]

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Mar 11, 2022

5 States where outsiders find it difficult to buy Land

The Central government has made it possible for people outside Jammu and Kashmir to buy land in the State, which was not allowed earlier. Previously, the Jammu and Kashmir Alienation of Land Act prohibited the transfer of land to anyone who was not a subject of the State. Now, this Act has been made invalid […]

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Mar 11, 2022

5 things you didn’t know about Default Bail

In a recent judgement, the Supreme Court discussed the right of an accused person to get default bail. The Court said that the accused’s lawyer and the Magistrate should inform the accused of his/her right to get default bail, especially when the accused is from an underprivileged section of society and will probably not have […]

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Mar 11, 2022

5 things you didn’t know about elections in India

The campaigning for the first phase of the Bihar Assembly Elections will end today evening. A total of 71 assembly constituencies spread over 16 districts in Bihar will go to polls in the first phase of elections on October 28. So, what activities are allowed/not allowed in the 2 days (48 hours) before the voting […]

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Mar 11, 2022

5 things you didn’t know about Cruelty by Husbands

The Bombay High Court has said that nowadays, it has become a habit to make vague accusations of cruelty against a husband’s family members. In its order, the Court said that when a husband or his relatives are accused of being cruel to his wife, the accusation should be carefully examined by the Court to […]

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Mar 11, 2022

5 things you didn’t know about NGOs and foreign funding

The UN High Commissioner for Human Rights Michelle Bachelet has appealed to the Indian government to review the Foreign Contribution (Regulation) Act (FCRA) and its compliance with international human rights norms. Bachelet regretted that the Act was being “used to deter or punish NGOs for human rights reporting”. What is the FCRA? The Indian government […]

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Mar 11, 2022

5 things you didn’t know about Animal Sacrifices and the Law

Earlier this year, the Orissa High Court delivered a judgement which banned animal and bird sacrifices during the ‘Chatar Yatra’ festival, celebrated in the Kalahandi District of Odisha every year. The festival involves thousands of animal sacrifices to please the deity Maa Manikeshwari. The Supreme Court has now temporarily suspended the High Court’s judgement, which […]

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Mar 11, 2022

5 things you didn’t know about Disaster Management

The Telangana government has requested the Central government to release ₹ 1,350 crore as immediate assistance for taking up relief and rehabilitation works in Hyderabad and other areas which have been affected by incessant rain and floods in the last few days. Which law governs disaster management in India? The Disaster Management Act, 2005 provides […]

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Mar 11, 2022

5 things you didn’t know about Inter-religious Marriages

The Tata group’s jewellery brand Tanishq has taken down its latest advertisement following the social media outrage over the advertisement. The advertisement shows a baby shower being thrown by a Muslim family for their daughter-in-law, who is a Hindu. The ad was severely criticised by a section of social media users who claimed that it […]

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Mar 11, 2022

5 things you didn’t know about the rights of Same-sex Couples

The Delhi High Court has taken up two petitions dealing with marriage equality for same-sex couples. The petitions seek that the Special Marriage Act (SMA) and Foreign Marriage Act (FMA) should apply to all couples regardless of gender identity and sexual orientation. The Court has asked the Central government to respond to these petitions. Is […]

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Mar 11, 2022

5 things you didn’t know about Aadhaar

The Registrar General of India (RGI) has clarified that providing Aadhaar is not mandatory for the registration of births and deaths. If Aadhaar is provided voluntarily, it must not be printed on any document or stored in any database of births and deaths. Which law regulates Aadhaar? Aadhaar is regulated by the Aadhaar (Targeted Delivery […]

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Mar 11, 2022

5 things you didn’t know about the National Investigation Agency

The National Investigation Agency (NIA) has arrested 83-year-old tribal rights activist Stan Swamy, in connection with the Bhima Koregaon violence of 2018. The Agency has implicated that Swamy is involved with Maoist activities. 1.Which law establishes the National Investigation Agency? The NIA is established under the National Investigation Agency Act, 2008. What is the NIA? […]

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Mar 11, 2022

5 things you didn’t know about your right to protest

The Supreme Court has stated that while citizens have the right to peaceful protest, demonstrations which exhibit dissent should take place only in designated places. The Court’s judgement was delivered in the context of the Shaheen Bagh protests opposing the Citizenship (Amendment) Act. Which law gives citizens the right to protest? Article 19 of our […]

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Mar 11, 2022

5 things you didn’t know about getting bail for drug-related crimes

The Bombay High Court has granted bail to Rhea Chakraborty, who was arrested on the 8th of September for drug-related crimes. In its order, the Court stated that the actress is not part of a chain of drug dealers, and has not forwarded drugs to other people in order to get monetary or other benefits. […]

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Mar 11, 2022

5 things you didn’t know about India’s extradition law

The Supreme Court has ordered Vijay Mallya’s lawyers to give more information about the ‘secret’ proceedings that are delaying his extradition to India from the United Kingdom. The UK Supreme Court has already ruled in favour of Mallya’s extradition to India to face charges of fraud and money laundering. Our Supreme Court has now ordered […]

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Mar 11, 2022

5 things you didn’t know about criminal defamation

Netflix has finally released 3 episodes of its controversial documentary series ”Bad Boy Billionaires”, which focuses on the alleged fraud committed by liquor tycoon Vijay Mallya, Sahara India’s Subrata Roy, IT executive Ramalinga Raju, and jeweller Nirav Modi. The series was supposed to be released last month, but Netflix had suspended the show’s release due […]

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Mar 11, 2022

5 things you didn’t know about Mahatma Gandhi, the lawyer

Today, the 2nd of October 2020 marks the 151st birth anniversary of Mohandas Karamchand Gandhi, the Father of the Nation. Mahatma Gandhi is prominently remembered as a freedom fighter and leader of India’s movement for independence. However, the early years of his life were spent in studying and practicing law, and his interaction with the […]

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Mar 11, 2022

5 Things You Didn’t Know About Law on Rape

The two heinous gang rapes of dalit women in Hathras and Balrampur, Uttar Pradesh, has raised a lot of questions regarding laws and protections available to women in the country, especially those belonging to lower castes. Here are five things you need to know about the law relating to the crime of rape 1.Punishment for […]

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Mar 11, 2022

5 things you didn’t know about the Rights of the Dead

The family of the Hathras gang-rape victim has claimed that the police forcibly cremated her body in the middle of the night, without respecting the family’s wishes. The 19-year-old Dalit woman died in a Delhi hospital on Tuesday, a fortnight after she was gang-raped in Hathras, Uttar Pradesh. 1.The right to dignity The fundamental right […]

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Mar 11, 2022

5 things you didn’t know about the law on Sex Workers

The Supreme Court has ordered State governments to provide dry rations to sex workers who are identified by the National AIDS Control Organisation (NACO) and government authorities. States will have to provide rations to these sex workers even if the sex workers do not show any proof of identity. Which law deals with sex work […]

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Mar 11, 2022

5 things you didn’t know about Negotiable Instruments and the law

The Delhi High Court has said that after a Director has resigned from a Company, he is no longer responsible for the daily affairs of the Company including the issuance and dishonour of cheques. Which law regulates negotiable instruments? Negotiable instruments like Promissory Notes, Bills of Exchange and Cheques are regulated by the Negotiable Instruments […]

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Mar 11, 2022

5 things you didn’t know about Criminal Conspiracy

While granting bail to an accused person, the Supreme Court observed that an offence of conspiracy cannot be presumed from a set of unconnected facts or from conduct at different places and times without a reasonable link. Which law defines criminal conspiracy? The offence of criminal conspiracy is defined under the Indian Penal Code of […]

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Mar 11, 2022

5 significant judgements of Justice Ruth Bader Ginsburg

United States Supreme Court Associate Justice Ruth Bader Ginsburg passed away last week. She was the second woman to be appointed to the US Supreme Court, and served in the Supreme Court for a term of 27 years. Ginsburg was known as a champion of women’s rights, and has contributed to several landmark judgements on […]

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Mar 11, 2022

5 things you didn’t know about the legal rights of migrant workers

The government has stated that more than one crore migrant labourers returned to their home States on foot during March-June 2020, including those who travelled during the COVID-19 lockdown. Which law protects the rights of migrant workers? We have a law that regulates the employment of inter-State migrant workers, and lays down their conditions of […]

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Mar 11, 2022

5 things you didn’t know about Witness Protection

In a recent judgement, the Madras High Court observed that the Witness Protection Scheme of 2018 has not provided confidence to witnesses to come out with the truth against hardcore criminals. What is the Witness Protection Scheme? The Witness Protection Scheme was established to encourage witnesses to come forward to assist law enforcement and judicial […]

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Mar 11, 2022

5 things you didn’t know about the Presiding Officers of Parliament

The Rajya Sabha has suspended eight Members of Parliament till the remaining Monsoon session for their unparliamentary behaviour. The members include the Trinamool Congress’ Derek O’Brien and Dola Sen, AAP’s Sanjay Singh, Congress members Rajeev Satav, Syed Naseer Hussain and Ripun Bora, and CPI(M) members K.K. Ragesh and Elamaram Kareem. Who presides over the Houses […]

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Mar 11, 2022

5 things you didn’t know about the Lokpal

The Bombay High Court has said that a Lokayukta has the authority to add a person as a participant in legal proceedings, even without notifying the person in advance. What is the purpose of the Lokpal and Lokayuktas? Our Constitution established India as a Democratic Republic to ensure justice for every person, and our Government […]

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Mar 11, 2022

5 things you didn’t know about demonetisation and the law

Four years after demonetisation, the Tirupati temple in Andhra Pradesh has ended up with Rs 50 crore demonetised cash. Even after demonetisation, devotees continued to give demonetised notes as cash offerings to the temple. Now, the temple authorities are unable to use the demonetised cash, because demonetised notes are no longer legally acceptable for financial […]

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Mar 11, 2022

5 things you didn’t know about cable television and the law

The Supreme Court has passed an order to stop Sudarshan News from telecasting the remaining episodes of its programme ‘Bindas Bol’. The Court felt that the ‘Bindas Bol’ programme aims to defame the Muslim community and indicates that Muslims are involved in a conspiracy to enter the civil services. How does Indian law regulate cable […]

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Mar 11, 2022

5 things you didn’t know about the Hindu law on maintenance

The Bombay High Court has said that if a Hindu woman’s husband dies, she has the right to ask for maintenance from her father-in-law. Let’s look at what Hindu law says about the right to maintenance. What is the Hindu law on maintenance? The law relating to maintenance among Hindus (including Buddhists, Jains and Sikhs) […]

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Mar 11, 2022

Umar Khalid’s arrest and the law on unlawful activities

Former Jawaharlal Nehru University student Umar Khalid was arrested yesterday for his alleged role in the Delhi riots that broke out in February over the Citizenship Amendment Act. Khalid was arrested by the Delhi Police special cell under the Unlawful Activities (Prevention) Act, 1967 i.e., UAPA. What is an ‘unlawful activity’? The UAPA aims to […]

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Mar 11, 2022

Punishing a corrupt employee

The Supreme Court recently discussed the appropriate punishment for dealing with a corrupt employee. In its judgement, the Court stated that corruption is a serious offence which needs to be publicly discouraged. The Court said that corrupt employees can be appropriately punished with major penalties, such as dismissal from employment. In cases dealing with corrupt […]

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Mar 11, 2022

Wealth tax: To whom does it apply?

In a recent judgement, the Supreme Court has stated that the Bangalore Club, one of the oldest clubs in India, does not have to pay wealth tax. What is wealth tax? As a concept, wealth tax is a tax that is imposed on the richer sections of society. Wealth tax was introduced in India in […]

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Mar 11, 2022

Speeding up the divorce process

When two people are married through a Hindu marriage, they can file for divorce together, if both of them agree that the marriage should come to an end. This is called divorce by mutual consent. In cases of divorce by mutual consent, the Hindu Marriage Act states that the court can pass an order of […]

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Mar 11, 2022

Compensation for motor vehicle accidents

When a person is the victim of a motor vehicle accident, compensation can be claimed for the harm that is caused to the person. This compensation can include a monetary payment for ‘loss of consortium’, which refers to the harm that is caused to personal/family relationships because of the motor accident. The Supreme Court has […]

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Mar 11, 2022

Did you know that NGOs need a license to get foreign funding?

The Indian government regulates donations and cash offers which are given by foreigners to Indian organisations or citizens. The law regulating such foreign funding is the Foreign Contribution (Regulation) Act of 2010 i.e., FCRA. Organisations, associations or Non-Governmental Organisations (NGOs) in India cannot receive foreign funds if they do not have a license under the […]

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Mar 11, 2022

Understanding the government ban on Chinese apps

The government recently banned 118 applications, including popular ones such as PUBG, WeChat Work, Rise of Kingdoms: Lost Crusade and Alipay. Earlier in June, the government had banned 59 applications such as TikTok, Shareit, Mi Video Call, and Cam Scanner. Most of the banned applications are Chinese, and the ban comes at a time of […]

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Mar 11, 2022

Granting bail to a child accused of committing an offence

The Supreme Court has refused to grant bail to a teenager who is accused of killing a 7 year-old boy at a school in Gurugram. In its order, the Court said that for the purpose of granting bail, the accused teenager is being considered as an ‘adult’. Thus, the Court rejected the teenager’s bail application. […]

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Mar 11, 2022

Question Hour in Parliament: Why is it important?

The Lok Sabha Secretariat has officially released the schedule for the upcoming Monsoon Session of Parliament, which will be held this year from September 14th to October 1st. An interesting point to note is that the Question Hour has been cancelled i.e., no time is allocated for the Question Hour in the upcoming Monsoon Session. […]

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Mar 11, 2022

A special law of detention: The National Security Act

The Citizenship (Amendment) Act which was introduced last year, triggered protests across several parts of India. On 12th December 2019, Dr. Kafeel Khan addressed a gathering of protesting students at Aligarh Muslim University. In connection to this, a criminal complaint was filed against him for ‘promoting enmity between different groups’. In February, an order was […]

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Mar 11, 2022

Can a person who complains about a drug-related crime also investigate the crime?

In India, narcotic drugs like charas (hemp), ganja, opium etc. are regulated by the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Act punishes the manufacture, possession, sale and use of these drugs. In a judgement today, the Supreme Court discussed a situation where a person who files a complaint (complainant) under the […]

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Mar 11, 2022

How will States get their GST compensation?

In 2017, the Goods and Services Tax (GST) replaced many indirect taxes in India like value-added tax (VAT), excise duty, service tax etc. The Centre promised compensation to the States for GST implementation because implementing GST would reduce the income that States get from indirect taxes. In the past few months, the Central government has […]

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Mar 11, 2022

Pension rights: Security for your old age

In recent judgements, the Bombay High Court and the Supreme Court have discussed pension rights, and the importance of protecting senior citizens and retired employees. Pension rights under our Constitution In its judgement, the Bombay High Court said that the pension payable to retired employees is a ‘property’ under Article 300A of our Constitution. Every […]

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Mar 11, 2022

Buying a flat: Your rights as a consumer

The Supreme Court has said that if a property developer does not provide a flat within the time specified in the contract, the flat buyer can approach the Consumer Court for compensation. If the developer does not provide the flat to a flat purchaser on time, it is considered a deficiency under the Consumer Protection […]

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Mar 11, 2022

What can you do if the police don’t act on your complaint?

In a recent order, the Punjab and Haryana High Court discussed what a person can do when police officers do not take action on a complaint. A person who gives a complaint to the police (complainant), or a person who is a victim of a crime, can face the problem of police inaction. A complainant/victim […]

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Mar 11, 2022

Committing a drug-related crime: What are the consequences?

Charas (hemp), ganja, opium – Who has not heard of these commonly used drugs? In India, narcotic drugs like these are regulated by the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Act punishes the manufacture, possession, sale and use of these drugs. In a recent order, the Orissa High Court said that […]

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Mar 11, 2022

A worker’s right to get wages

The Bombay High Court has said that workers have the fundamental right to get payment of wages under Article 21 of our Constitution. Further, the Court said that financial difficulties of an employer cannot be a reason for non-payment or delayed payment of wages to workmen. Referring to our Constitution, the Court said that the […]

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Mar 11, 2022

Discrimination against Scheduled Castes and Scheduled Tribes

On Independence Day, Ms. Amritham, the Panchayat president of Aathupakkam panchayat was not allowed to hoist the national flag because she belongs to the Dalit community. Today, after intervention from the Tiruvallur district collector and the Superintendent of Police, she finally hoisted the national flag at the panchayat office. Social activists say that such discrimination […]

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Mar 11, 2022

The Law on Child Marriage in India

The state of Karnataka has seen a sudden rise in child marriages reported during the COVID-19 lockdown. Officials of the Women and Child Development Department have received information about more than 100 instances of child marriage in the Mysuru district alone between mid-March and July. The Karnataka State Commission for Protection of Child Rights (KSCPCR) […]

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Mar 11, 2022

The PM CARES Fund and its lack of transparency

The Prime Minister’s Office (PMO) has denied a Right to Information (RTI) request related to the PM CARES Fund, claiming that providing the information will “disproportionately divert the resources of the office.” The RTI application had requested details about the total number of RTI applications and appeals received and disposed by the PMO, with regard […]

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Mar 11, 2022

Can you be punished for insulting the Court?

Recently, the Supreme Court had taken notice of some tweets by lawyer Prashant Bhushan, and asked him to justify his statements about the judiciary. On 27th June 2020, Prashant Bhushan had tweeted: ‘When historians in future look back at the last 6 years to see how democracy has been destroyed in India even without a […]

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Mar 11, 2022

Environmental Impact Assessment: Why is it important?

An Environmental Impact Assessment (EIA) is a study which analyses and predicts how a proposed industrial project/activity will affect the environment. The Central government publishes EIA notifications for imposing certain restrictions on industrial activities and prohibiting industrial projects in any part of India for environmental reasons. In March, the Ministry of Environment, Forest and Climate […]

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Mar 11, 2022

A daughter’s right to property

In 2005, Hindu family law was changed to give Hindu daughters a right to the joint family’s ancestral property. The change was brought about through the Hindu Succession (Amendment) Act of 2005. In an important judgement today, the Supreme Court has said that a daughter belonging to a Hindu joint family will have a right […]

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Mar 11, 2022

When is an abortion legally allowed?

Abortion is legally permitted only if the term of the pregnancy is not more than 20 weeks. However, a pregnant woman cannot get an abortion if a doctor is not satisfied that she meets the conditions for it. The number of doctors who have to decide whether she can get an abortion depends on the […]

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Mar 11, 2022

What is Money Laundering and What Role Does ED Play?

In the most recent development in the case of Sushant Singh Rajput’s death, the Enforcement Directorate (ED) has launched an investigation into the allegations of money laundering against Rhea Chakraborty and her family. So far the ED has summoned many involved, including Rhea Chakraborty and Shruti Modi (Rajput’s former business manager). This probe by ED […]

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Mar 11, 2022

Why is the army not allowed to use social media?

The government recently passed a policy that bans members of the Army from using social networking platforms like Facebook, Instagram, Twitter etc. Further, the government ordered army members to delete their social media accounts. This government order was challenged before the Delhi High Court in a petition saying that the ban violates the fundamental rights […]

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Mar 11, 2022

Know your map: Regulating the official boundary of India

Pakistan’s new political map has been getting attention because it includes the entire Indian territory of Jammu and Kashmir and parts of Gujarat, including Junagarh. The map was launched earlier this week by Pakistan’s Prime Minister Imran Khan. The Indian Ministry of External affairs has said that the map makes unjustified claims on Indian territory, […]

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Mar 11, 2022

Special Courts: Why are they unique?

The Delhi government has appointed a Special Court to judge the cases relating to the Delhi riots that happened earlier this year. The government has the power to do this because some of the offences in the Delhi riot cases fall under the National Investigation Agency Act, 2008 (NIA Act). The NIA Act allows both […]

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Mar 11, 2022

Can medical patients get protection as ‘consumers’?

In a recent judgement, the Supreme Court discussed whether the Consumer Protection Act is applicable to hospitals. The Court said that only those hospitals which provide free medical services to all patients will fall outside the coverage of the Consumer Protection Act. So, the Consumer Protection Act does not apply to hospitals that do not […]

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Mar 11, 2022

Transferring a criminal case: The power of the Supreme Court

Earlier this year, Bollywood actress Rhea Chakraborty had asked the Supreme Court to transfer the FIR filed against her in the Sushant Singh Rajput death case. The FIR was filed by Sushant’s father at Patna. The actress wanted the Court to transfer the criminal complaint from Patna to Mumbai, where the police are already investigating […]

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Mar 6, 2022

Is differentiation permissible under the right to equality?

The Supreme Court of India granted plots of land for 318 retired employees stating that the company violated the right to equality by granting the same to a few employees and not the rest. Which law governs equality in India? The right to equality is present in Articles 14, 15 and 16 of the Constitution […]

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Mar 6, 2022

Is the freedom of speech and expression an absolute one?

The Chhattisgarh High Court redirected a case of hate speech against the Christian Religion to the district court which had territorial jurisdiction to hear the case. What does the right to freedom of speech and expression mean? Article 19(1)(a) of the Constitution gives all citizens the fundamental right to freedom of speech and expression. This […]

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Mar 6, 2022

Did you know: Intent is key in sexual assault cases

The Delhi High Court convicted three men of sexual assault and held that improper investigation was not a ground for diluting the prosecution’s case. Are there any crimes that particularly protect women? There are several offences which are only punishable when committed against women, such as: Acid attacks Sexual harassment at the workplace Voyeurism Rape […]

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Mar 6, 2022

What are the protections given to SC/STs in the law?

Considering a compromise between the petitioner and respondent, the Supreme Court recently reversed the conviction of a person for discrimination under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. What are the atrocities committed against SC/STs? The law punishes several atrocities committed against members of the community, such as: Hurting or boycotting […]

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Mar 6, 2022

Can you file a complaint when the police harass you?

The Delhi High Court condemned the Delhi Police for conducting an illegal raid at 2.30 in the morning. It issued directions for the same. What is police harassment? Police harassment is when a police officer goes beyond their assigned duties to take advantage of a citizen in their official capacity. This can take many forms, […]

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Mar 6, 2022

How can political parties advertise during elections?

The Karnataka High Court issued an order to the State to remove hoardings and billboards which display the achievements of politicians and/or political parties. What is political advertisement? Advertising for political propaganda or to pursue a political agenda is known as political advertising. Political advertising is allowed, but regulated. How are political advertisements regulated? The […]

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Mar 6, 2022

Did you know: Muslim marriage is a contract.

The Karnataka High Court held that Muslim marriage, unlike Hindu marriage which is a sacrament, is a contract. However, the court opined that divorce does not mean that the contract is ended without any further obligations, such as maintenance. Is Muslim marriage a contract? Yes, marriage is a contract under Muslim personal law. The contract […]

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Mar 6, 2022

How does the law on child sexual abuse help child survivors?

The Madras High Court reversed a lower court pronouncement which acquitted a teacher who sexually assaulted a 4 year old child on the grounds of inconsistent evidence given by the child. The High Court held that a child cannot be expected to narrate the incident in an exact manner. Which law governs child sexual assault […]

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Mar 6, 2022

What are the rights of undertrial prisoners?

The Delhi High Court issued a direction to the effect that judicial mind has to be applied while granting an extension of the period of custody of undertrial prisoners. Who is an undertrial prisoner? An undertrial prisoner is an accused person who is kept in judicial custody during the time their case is being heard […]

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Mar 6, 2022

Did you know: Street Vendors have a Duty to Maintain Cleanliness

The High Court of Delhi issued a warning to the New Delhi Municipal Council to maintain the overflow of hawkers and vendors who block pedestrian pathways and litter the area. What law governs street vendors in India? Street vendors are governed by the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. […]

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Mar 6, 2022

Is abortion legal in India?

The Medical Termination of Pregnancy (Amendment) Rules, 2021 were notified by the Central Government which extended the period for getting a legal abortion from 20 to 24 weeks in certain cases. Which Indian law regulates abortions? The Medical Termination of Pregnancy Act, 1971, provides for the termination of certain pregnancies by authorised doctors with the […]

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Mar 5, 2022

What are rights of rape survivors in India?

Trigger Warning: This post contains information about physical and sexual abuse which some readers may find disturbing. The Madhya Pradesh High Court has issued a show-cause notice to a trial court for disclosing the name of a rape victim in its verdict. What is rape? Rape is the crime that occurs when a man has […]

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Mar 5, 2022

How does a Court decide whether to grant anticipatory bail?

The Supreme Court of India recently stated that the nature and gravity of an offence has to be considered while granting anticipatory bail. What is anticipatory bail? Anticipatory bail is a court order to release someone on bail, issued even before the person is arrested. When someone anticipates that they may be arrested for […]

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Mar 5, 2022

Is revenge porn a crime in India?

Trigger Warning: This post contains information about sexual abuse which some readers may find disturbing. The Allahabad High Court has denied bail to an accused, saying that knowledge of intimate images does not give them the permission to misuse the same, and that it is the role of the courts to protect the rights of […]

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Mar 5, 2022

Is marital rape a crime in India?

Trigger Warning: This post contains information about physical and sexual abuse which some readers may find disturbing. The Gujarat High Court acquitted a man accused of raping his wife who was a minor. It stated that non-interference in the matter would be a safer option for the wife. Which law punishes rape in India? The […]

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Mar 5, 2022

Did you know: Good roads are a fundamental right of citizens

The Karnataka High Court passed an order instructing the Bruhat Bengaluru Mahanagara Palike (BBMP) to ensure that the roads of Bengaluru did not have potholes. The Court gave them an additional responsibility to check road conditions after a couple of months to guarantee good roads. What is Article 21? Article 21 of the Constitution guarantees […]

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Mar 5, 2022

What are unlawful and terrorist activities under Indian law?

After 12 years of confinement, the Delhi High Court has granted bail to an undertrial prisoner accused of being a part of the 2008 Mumbai blasts and arrested under the Unlawful Activities (Prevention) Act, 1967 (UAPA), which regulates unlawful and terrorist activities. The Court said that the prisoner’s right to a speedy trial was violated. […]

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Mar 4, 2022

Can you defame an organisation?

A police complaint has been registered against lyricist and poet Javed Akhtar for making statements comparing the Rashtriya Swayamsevak Sangh (RSS) to the Taliban. The case was filed for defamation of the RSS. What is criminal defamation? If you deliberately make or publish any claim about another person with the intention to harm their reputation, […]

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Mar 4, 2022

When do courts grant bail to an accused?

The Supreme Court has said that while granting bail, courts should consider the seriousness of the offence, conduct of the accused and the impact of the accused’s release on the witnesses and the innocent family members of the victim.   Every accused person who is detained in custody has a right to apply […]

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Mar 4, 2022

Aryan Khan’s arrest: What should you know about drug-related crimes?

The Narcotics Control Bureau has arrested actor Shah Rukh Khan’s son, Aryan, and three others after a drug bust on board a cruise ship off the Mumbai coast. Five others were also detained for questioning.   Which law regulates bail for drug-related crimes? In India, narcotic drugs like charas (hemp), ganja, opium etc., and psychotropic […]

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Mar 4, 2022

What should you know about contempt of court?

The Supreme Court has said that its power to punish a person for contempt of court is a constitutional power which cannot be restricted or taken away even by a legislative enactment.   What is contempt of court? Contempt of court simply means disrespecting the court in any way. In India, the court can punish […]

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Mar 4, 2022

Did you know that breastfeeding is a fundamental right of lactating mothers?

The Karnataka High Court has said that breastfeeding is an inalienable right of lactating mothers, and this attribute of motherhood is a fundamental right protected under Article 21 (right to life) of the Constitution of India.   What is Article 21? Article 21 of the Constitution guarantees the right to life and personal liberty to […]

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Mar 4, 2022

What laws protect the environment in India?

The Kerala High Court has refused to grant bail to the accused in a massive illegal tree felling and rosewood smuggling case in the State. In this context, let us look at some important environmental laws in India. Environment Protection Act, 1986 This law provides for the protection and improvement of the environment. Under this […]

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Mar 4, 2022

What is the punishment for rioting in India?

In the context of the Delhi riots case, the Delhi High Court has said that while personal liberty is important in a democracy, individual liberty cannot be misused in a manner that destabilizes civilized society and hurts other people.   Which Indian law punishes unlawful assemblies and rioting? The Indian Penal Code, 1860 punishes unlawful […]

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Mar 4, 2022

What is the legal validity of child marriages in India?

The Punjab and Haryana High Court has upheld that child marriages are not automatically invalid, and would become valid if no steps are taken by the concerned child to declare the marriage as void.   What is child marriage? In India, child marriage is dealt with under the Prohibition of Child Marriage Act, 2006. A […]

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Mar 4, 2022

What should you know about the law on Negotiable Instruments in India?

The Supreme Court has said that the seriousness of a complaint under the Negotiable Instruments Act cannot be equated with an offence under the Indian Penal Code or other criminal offences.   What is the Negotiable Instruments Act? The Negotiable Instruments Act, 1881 regulates Negotiable Instruments like Promissory Notes, Bills of Exchange and Cheques.   […]

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Mar 4, 2022

What are the duties that lawyers owe to their clients?

The Kerala High Court has said that a lawyer’s first responsibility is towards their clients, and then to the courts. In this context, let us look at some of the ethical and professional duties that bind your lawyer.   Which law regulates the legal profession in India? The Advocates Act, 1961 and the Bar Council […]

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Mar 4, 2022

Gujarat government to implement measures to protect Asiatic Lions

The Gujarat High Court has noted that Asiatic Lions are not only the pride of Gujarat, but also the pride of Asia. The Court directed the Gujarat government to promptly establish measures to protect Asiatic Lions.   Who is responsible for protecting wild animals? Article 48A of the Constitution of India, 1950 says that the […]

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Mar 4, 2022

Did you know: You can get a divorce by mutual consent even if you do not have any serious dispute with your spouse

The Chhattisgarh High Court has said that it is not necessary for a husband and wife to have any serious dispute in order to get a divorce by mutual consent under the Hindu marriage law.   What are the legal grounds for claiming divorce? Any Hindu marriage can be ended through divorce if either the […]

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Mar 4, 2022

Sex selection is illegal in India – Here is what you need to know about the law on sex selection

A Delhi court has said that although sex selection in India is banned, the general public perception is that it is easily available in clinics throughout the country. The court said that all those involved in the practice of sex selection need a strong message that it cannot be permitted at any cost, and in […]

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Mar 4, 2022

How can two people belonging to different religions get married in India?

The Allahabad High Court has said that adults have the right to choose their matrimonial partner, irrespective of their religion.   Under what law can two people belonging to different religions get married? A man and a woman belonging to different religions can marry under the Special Marriage Act, 1954. The Act provides for a […]

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Mar 4, 2022

What should you know about the National Investigation Agency?

The Delhi High Court has asked the government for a response on the pendency of National Investigation Agency (NIA) cases in designated special courts and the reason for delay in the trials in such cases.   1.Which law establishes the National Investigation Agency? The NIA was established under the National Investigation Agency Act, 2008.   […]

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Mar 4, 2022

What should you know about the UAPA law in India?

The United Nations High Commissioner for Human Rights Michelle Bachelet has criticized India for its use of the Unlawful Activities Prevention Act (UAPA) and called it worrying, especially in reference to the Jammu and Kashmir region which has the highest number of UAPA cases.   What is an ‘unlawful activity’? The UAPA aims to effectively […]

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Mar 4, 2022

Do you want to settle your pending court case? Why not approach a Lok Adalat?

Recently, National Lok Adalats held in 33 States and Union Territories significantly eased the pressure on the judicial system by settling over 15 lakh of more than 33 lakh pending and pre-litigation cases, and awarding a total amount of around Rs 2,281 crore. Let us look at the significance of Lok Adalats in India.   […]

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Mar 4, 2022

How does Indian law punish rape?

Trigger Warning: This explainer contains information on physical violence and sexual violence which some readers may find disturbing.   The Madhya Pradesh High Court has confirmed the death sentence as punishment for two men held guilty of gang raping an eight year old girl.   Which law punishes rape in India?   The law on […]

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Mar 4, 2022

Can you get compensation for delayed/late arrival of trains?

The Supreme Court has said that railway authorities are liable to pay compensation for delay and late arrival of trains, unless there is evidence explaining the delay, and it is proved that the delay was beyond their control and/or there was some justification for the delay. In this context, let us look at how the […]

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Mar 4, 2022

What can you do if the police refuse to file an FIR or conduct an investigation?

A court in Delhi has reprimanded the police for failing in their duties and not finishing their investigation in the Delhi riots case, resulting in a delay in the court trial. In this context, let us look at what steps you can take against police inaction.   Filing a First Information Report (FIR) If a […]

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Mar 4, 2022

What are the rights of patients during Covid-19?

The Supreme Court has severely criticized the Manipur government over the ‘pathetic’ conditions of Covid care centres in the State. In this context, let us look at some of the major rights that patients enjoy in India.   Right to Obtain Information Patients have the right to obtain authentic information regarding their medical condition or […]

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Mar 4, 2022

What have Indian courts said about maintenance?

Can a wife claim maintenance under Section 125 of the Code of Criminal Procedure after getting a divorce by mutual consent under the Hindu Marriage Act and receiving a lump sum amount as final settlement? The Calcutta High Court has decided to refer this issue to a larger bench due to conflicting High Court judgements. […]

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Mar 4, 2022

What should you know about the law on child marriage in India?

The Delhi High Court has granted temporary protection to a minor girl (below 18 years) who claimed that her parents refused to let her study and intended to marry her to an old man. The Court ordered the girl to be taken to a Children’s Home till further court proceedings.   What is child marriage? […]

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Mar 4, 2022

Do you know the major religious crimes punishable under Indian law?

The Chief Justice of India, NV Ramana, has expressed concerns about the attempts in social media and online portals to give communal colour to news. In this context, let us look at the major religious offences under Indian law.   How does Indian law punish religious offences? Sections 295 to 298 of the Indian Penal […]

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Mar 4, 2022

How are courts upholding LGBTQIA+ rights?

The Madras High Court has ordered a specific clause to be added in the Police Conduct Rules specifically providing that any harassment by the police to people belonging to the LGBTQIA+ community will be treated as misconduct and punished.   What have courts said about the rights of same-sex couples? The Supreme Court has said […]

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Mar 4, 2022

Did you know: Making a fair criticism of a judgement is not contempt of court

The Calcutta High Court has said that fair and legitimate criticism of a judgment in a healthy way is always welcome. However, the Court added that if this is done maliciously without any real foundation, the court should take strict action against the concerned person for hampering the judicial system and fairness and impartiality of […]

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Mar 4, 2022

What should you know about sexual harassment at the workplace?

The Madras High Court has said that personal feuds or mere misunderstandings with a superior cannot be the basis for a complaint of sexual harassment at the workplace.   What is sexual harassment at the workplace? Sexual harassment at the workplace includes the following unwelcome acts or behavior (whether directly or indirectly):   (i) physical […]

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Mar 4, 2022

Over 1 lakh children in need of care and protection after two waves of Covid-19 in India

The National Commission for Protection of Child Rights (NCPCR) has said that during the two Covid-19 waves between April 1, 2020 and August 23, 2021, a total of 8,161 children were orphaned, 92,475 children lost either parent, and 396 were abandoned in India.   What should you do if you come across an orphaned or […]

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Mar 4, 2022

Kerala to set up mental health establishment for prisoners

The Kerala High Court has asked the State government to set up a mental health establishment in at least one prison in the State, for prisoners with mental illnesses. The Court said that such prisoners can ordinarily be referred to and cared for in the said mental health establishment.   What laws govern prisoners in […]

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Mar 4, 2022

Did you know that you can book a Covid-19 vaccination slot through WhatsApp?

Indians can now book slots for Covid-19 vaccination through WhatsApp. How can you do so?   Step 1: Registration Register in the Covid Vaccine Intelligence Network (CoWIN) system at www.cowin.gov.in. You can register by providing basic details like name, date of birth, permanent and current address, and details of co-morbidities, if any. You must provide […]

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Mar 4, 2022

Nine months of the farmers’ protest: What does Indian law say about the right to protest?

On August 26 and 27, over 1,500 representatives of farm unions across India will come together at the Singhu border to discuss future strategies for the ongoing farmers’ protest. The two-day convention will mark the completion of nine months of the farmers’ protest against the three farm laws recently passed by the government.   Which […]

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Mar 4, 2022

Did you know: You cannot apply for default bail after the police have filed the charge-sheet

The Karnataka High Court has clarified that an accused cannot apply for default bail after the police have filed the charge-sheet, even if the police subsequently file a supplementary charge-sheet for additional evidence.   What is default bail? Default bail is the bail an accused is entitled to apply for if the authority prosecuting them […]

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Mar 4, 2022

What actions are considered as domestic violence under the law?

Dismissing a domestic violence complaint filed by a woman against her ex-husband, the Bombay High Court has held that merely getting remarried after a divorce is not an act of domestic violence under the law.   What are the forms of abuse under domestic violence? Domestic violence can include: Physical abuse – Any act or […]

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Mar 4, 2022

Odisha government to notify elephant corridors across the State

The National Green Tribunal has ordered the Odisha government to notify 14 elephant corridors as identified by the Asian Nature Conservation Foundation (ANCF) across the State, within a period of two months. In this context, let us look at how India protects its wildlife.   Who is responsible for protecting wild animals? Article 48A of […]

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Mar 4, 2022

Did you know that women can take the admission exam to the National Defence Academy (NDA)?

The Supreme Court has passed a temporary order allowing women candidates to appear for the NDA examination. The Court further asked the Union Public Service Commission (UPSC) to give the court order wide publicity. Here are some other instances where courts have upheld gender equality in the Indian armed forces: Granting Permanent Commission […]

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Mar 4, 2022

Can you get bail for drug-related offences?

The Delhi High Court has said that drug abuse is on the rise in the country, resulting in adverse economic and social consequences. The Court stated that the aim of restricting drug menace should be kept in mind while considering whether to grant bail for drug-related offences.   Which law regulates bail for drug-related crimes? […]

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Mar 4, 2022

Maharashtra launches Universal Travel Pass system

The Maharashtra government has launched an online portal https://epassmsdma.mahait.org for conveniently issuing e-passes to allow people who are fully vaccinated to travel by public transport, once they have completed 14 days after getting the second dose. To get the pass, go to the online portal and: – Click on ‘Travel Pass for Vaccinated Citizens’. […]

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Mar 4, 2022

Did you know: A High Court cannot set aside an FIR if there are serious accusations in the criminal complaint

The Supreme Court has confirmed that when there are serious triable allegations in a criminal complaint, a High Court should not use its power to set aside an FIR under Section 482 of the Code of Criminal Procedure, 1973.   What should a High Court consider to set aside an FIR? High Courts have the […]

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Mar 4, 2022

Kerala municipalities to set up feeding points for stray dogs

The Kerala High Court has asked local municipalities to identify suitable locations as feeding points for stray dogs and erect signposts at these locations. The Court also asked municipalities to provide information about these locations to the Station House Officers of local police stations. Let us look at how the law protects domestic animals and […]

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Mar 4, 2022

Did you know that you can register a civil marriage through video conferencing?

Saying that law has to march along with technology, the Supreme Court has upheld a judgement by the Punjab and Haryana High Court which allowed a married couple to use video conferencing to register their marriage under the special marriage law, and get a valid marriage certificate.   What is ‘special’ about the special marriage […]

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Mar 4, 2022

How does India bring fugitive criminals to justice?

A High Court judge in London has granted fugitive diamond merchant Nirav Modi permission to appeal against his extradition to India for reasons based on mental health and human rights. If extradited to India, Modi would face charges of fraud and money laundering before the Indian courts. Let us look at how India deals with […]

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Mar 4, 2022

Did you know that the Government must pay compensation if it takes over your land?

The Supreme Court has ordered NOIDA authorities to pay compensation to landowners whose land was wrongfully acquired by the Government without following proper legal procedure.   Does the law regulate Government acquisition of land? Yes, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 seeks to ensure a humane, […]

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Mar 4, 2022

Protecting Scheduled Castes against discrimination and atrocities

Recently, after Argentina beat India in the women’s hockey semis at the Tokyo Olympics, two upper caste men in Haridwar shouted casteist abuses outside star striker Vandana Katariya’s home, supposedly saying that the reason behind India’s loss was that we had ‘’too many Dalit players’’. In this context, let us look at how Indian law […]

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Mar 4, 2022

Ensuring children’s right to education

The Karnataka High Court has said that under the right to education law, the Bruhat Bengaluru Mahanagara Palike (BBMP) has a duty to conduct a door-to-door survey of children in the age group of 0 to 14 years. The Court asked the administrative body to start the survey after the Rural Development and Panchayat Raj […]

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Mar 4, 2022

The importance of Lok Adalats

Recently, the first National Lok Adalat organised in seven months disposed off nearly 3 lakh cases through 1,318 benches across Maharashtra, with a total settlement amount of Rs 1313.34 crores. In this context, let us look at the importance of Lok Adalats in India.   Which law created Lok Adalats? The Legal Services Authorities Act, […]

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Mar 4, 2022

What is the Freedom of the Press?

The Editors Guild of India(EGI) has filed a writ petition in the Supreme Court seeking a court-monitored SIT probe into the reports of state surveillance of journalists, activists and politicians using the Isreali spyware Pegasus. The Guild discusses in the petition how the freedom of the press relies on non-interference by the government and its […]

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Mar 4, 2022

Police Stations must have display boards with legal aid details

  Justice UU Lalit who is not only a judge in the Supreme Court of India but also the Executive Chairman of the National legal Services Authority mentioned during an event that police stations in the country must have display boards informing about the right to legal aid and the availability of free legal aid […]

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Mar 4, 2022

Protecting medical professionals against violence

The Karnataka High Court has ordered the State government to place on record the steps taken for protecting medical practitioners from acts of violence committed by dissatisfied relatives of patients.   Which law protects medical professionals from violence? In 2020, the government amended the Epidemic Diseases Act of 1897 to include protections for healthcare service […]

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Mar 4, 2022

Kerala in lockdown: What are the implications?

The Kerala government has declared a complete lockdown from July 31 to August 1, amid rising cases of Covid-19 in the State.   How does the government impose lockdowns during Covid-19? The Central and State governments have the power to take special measures and prescribe regulations to prevent the spread of a dangerous epidemic disease […]

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Mar 4, 2022

Online ragging: A persistent problem during the Covid-19 pandemic

Even during the Covid-19 pandemic, with most educational institutions functioning through online classes, around 300 ragging cases were reported to the University Grants Commission (UGC) helpline since June 2020. Around 50% of the complaints involve online harassment.   Is ragging prohibited in Indian educational institutions? Yes. Ragging is prohibited under the UGC Regulations on Curbing […]

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Mar 2, 2022

Did you know that every person has a right to access burial/cremation facilities?

The Madras High Court has said that the government has a duty to ensure that members of all communities are given access to burial/cremation facilities. The Court said that the right to life includes the right to a decent burial or cremation.   What are the rights of the dead in India?   1.The right […]

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Mar 2, 2022

Pegasus Snooping Surveillance: What can you do if it happens to you?

The West Bengal Government has constituted a committee to look into the Pegasus Snooping Scandal, led by the Retired Justice Madan Lokur. This is in response to a global collaborative investigative project finding that Israeli spyware Pegasus was used to target at least 300 individuals in India.   What is surveillance? Surveillance is the monitoring […]

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Mar 2, 2022

Court recognises the danger to women living in dowry-matrimonial homes

The Kerala High Court, while dismissing an anticipatory bail plea, noted that ‘matrimonial homes have become the most dangerous place to live for women and the number of cases being reported in our country is alarming’.   What is dowry? Dowry is any property or valuable legal document which someone gives to the other party […]

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Mar 2, 2022

What is the Right to be Forgotten?

Roadies and Bigg Boss Winner, Ashutosh Kaushik, has approached the Delhi High Court seeking removal of articles on his past altercations from the internet. Further, very recently even the Madras High Court allowed a person to have his name redacted from orders to protect his right of privacy, thereby recognizing the ‘Right to be Forgotten’. […]

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Mar 2, 2022

What do you need to know about unlawful assemblies and rioting?

A Delhi Court has delivered the first judgment in the Delhi riots case. The Court held that the accused was innocent of criminal charges involving rioting and being part of an unlawful assembly.   Which Indian law punishes unlawful assemblies and rioting? The Indian Penal Code, 1860 punishes unlawful assemblies and rioting.   What is […]

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Mar 2, 2022

Did you know that every school must have a complaint box to address child sexual abuse?

Trigger Warning: This post contains information about physical and sexual abuse which some readers may find disturbing.   The Madras High Court has said that every school must keep a Complaint Box for survivors to complain about sexual assault freely, and the keys to the box must be under the control of the Secretary, District […]

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Mar 2, 2022

Supreme Court on Kanwar Yatra: Right to life takes priority over religious sentiments

The Uttar Pradesh government has cancelled the Kanwar Yatra after the Supreme Court asked it to reconsider allowing it to be held in a physical form. The Court said that the health of citizens and their right to life under Article 21 of the Indian Constitution is most important. All other sentiments, including religious, are […]

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Mar 2, 2022

Is gold smuggling a terrorist act?

The Supreme Court has agreed to examine whether gold smuggling can be considered a terrorist act under the Unlawful Activities (Prevention) Act, 1967 (UAPA). Earlier in February, the Kerala High Court had held that the mere act of gold smuggling, which is covered under the Customs Act, does not amount to a “terrorist act” under […]

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Mar 2, 2022

Court asks animal owners to register their animals with local authorities

The Kerala High Court has asked the State government to ensure that local authorities immediately issue public notices to animal owners to register their animals (cattle, pets etc.) with the local authority concerned, and get a licence for the animals. The Court said that current animal owners must complete the registration/licencing of animals within six […]

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Feb 28, 2022

Protecting the interests of parents and the elderly

The Punjab and Haryana High Court has confirmed that if parents transfer their property to their children, and then the children don’t take care of their parents, the parents can invalidate the transfer of property. The court will consider that the transfer was made by fraud or force or under undue influence. To know more […]

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Feb 28, 2022

Covid-19 update: Court emphasises on importance of erecting cell phone towers

The Madras High Court has noted that during the prevailing Covid-19 pandemic, students are being taught only through online education, and official meetings and even court proceedings are being held through video conferencing. Hence, the Court held that it is necessary to expand information and communication technology networks, including installation and erection of cell phone […]

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Feb 28, 2022

How can the government deal with blackmarketing of Remdesivir?

The Madhya Pradesh High Court has said that blackmarketing of Remdesivir creates a threat to ‘public order’, and can be punished under the National Security Act, 1980. Under this Act, the government can order any person’s detention and detain them if it thinks it is necessary to prevent them from harming public order. Every person […]

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Feb 28, 2022

Covid-19 update: Court says people cannot wait indefinitely for second dose of Covid-19 vaccine

The Tripura High Court has said that people who have already received their first dose of the Covid-19 vaccine cannot wait indefinitely for receiving the second dose after the mandatory waiting period is over. The Court noted that they would qualify for administration of a second dose upon completion of 12 weeks or 4 weeks […]

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Feb 28, 2022

Covid-19 update: Court says fix the price for transporting oxygen

The Kerala High Court has asked the State government to speed up the process for fixing the transportation cost of Liquid Medical Oxygen and Oxygen Inhalation (Medicinal Gas) in cylinders. The Court said that the price of oxygen can be controlled effectively only if the transportation cost charged by the manufacturer/supplier is fixed.   To […]

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Feb 28, 2022

Restricting crowds at public places during Covid-19

The Kerala High Court has observed that though the government issues periodical orders regarding Covid protocol guidelines, these are not followed at some places, particularly liquor shops, and no action is taken against the defaulters. Stating that health is more important than revenue, the Court asked the government to take measures against crowding at public […]

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Feb 28, 2022

Covid-19 update: Vaccination of persons with mental illnesses

The Supreme Court has asked the government to vaccinate people who have been institutionalized in mental health establishments (like hospitals, asylums, etc.) to protect them from the Covid-19 infection. The Court said that if these people are not vaccinated, there will be a large number of deaths in these establishments. To know more about the […]

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Feb 28, 2022

Adoption of children by relatives

The Bombay High Court has clarified that the Juvenile Justice (Care and Protection of Children) Act, 2015, provides for and regulates adoption of children from relatives and adoption by step-parents. The Court said that the Act and associated Regulations do not restrict adoption only to orphaned, abandoned or surrendered children. If you want to know […]

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Feb 28, 2022

Can the government place restrictions on unvaccinated persons?

The Gauhati High Court has asked the Mizoram government to modify its order which stated that only vaccinated members of a family can step out for errands in localities having significant COVID-19 active cases. The government order further held that only vaccinated individuals should be engaged in shops or undertake any work, and only vaccinated […]

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Feb 28, 2022

Covid-19 update: Role of death certificate in Covid-19 financial assistance

The Supreme Court has noted that it is the duty of government authorities to issue accurate/correct death certificates stating the correct and accurate cause of death, so that the family members of a Covid-19 deceased do not face any difficulty in getting the benefits of relevant government schemes.   The Court said that the death […]

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Feb 28, 2022

Covid-19 update: Financial assistance for families of Covid-19 deceased

The Supreme Court has directed the National Disaster Management Authority (NDMA) to recommend guidelines within six weeks to provide financial assistance for the family members of persons who died due to Covid-19. The Court said that the NDMA can decide on a reasonable amount to be offered to the families. To know more about the […]

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Feb 28, 2022

Protecting persons with disabilities during the Covid-19 pandemic

In light of the Covid-19 pandemic, the Madras High Court has directed the Tamil Nadu government to take immediate measures to provide financial relief to persons with disabilities in the State. The Court also asked the government to file an updated status report with full details about the kind of relief measures they have extended […]

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Feb 28, 2022

Covid-19 update: Keeping an accurate record of Covid-19 deaths

The Orissa High Court has said that the possible undercounting of Covid-19 deaths in the State is a serious issue. The Court asked the State government to enquire about this issue and verify the facts with district-wise data on Covid-19 deaths. To know more about the powers of the government during Covid-19, read our explainer.

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Feb 28, 2022

Supreme Court orders States to declare Class XII results by July 31

The Supreme Court has directed all the State Boards to declare the results of internal assessment for Class XII by 31st July, 2021. The Court also asked each Board to establish a Scheme for purposes such as addressing grievances after the declaration of results.

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Feb 28, 2022

Covid-19 update: Can the government force you to get vaccinated?

The Gujarat High Court has temporarily restricted the Indian Air Force from taking forcible action against an officer who is not willing to take the Covid-19 vaccine. The officer expressed a preference for Ayurvedic treatment instead of allopathy, invoking the Constitutional right to choose one’s preferred method of medical treatment. To know more about Covid-19, […]

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Feb 28, 2022

Covid-19 update: Financial relief for families of Covid-19 deceased in Delhi

The Delhi government has launched the Mukhyamantri Covid-19 Pariwar Aarthik Sahayata Yojana to provide immediate financial relief of Rs 50,000 (for each death) to the families of Covid-19 deceased. The scheme also provides continued financial assistance to family members affected by the death of the bread earner due to the Covid-19 pandemic. To know more […]

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Feb 28, 2022

Acting against Covid-19 vaccination fraud

The Bombay High Court has asked the Maharashtra government and police to take action against those involved in Covid-19 vaccine fraud, under the Disaster Management Act, 2005 and Epidemic Diseases Act, 1897. The Court also asked the government to give information on the procedure that housing societies should follow to ensure that fake vaccination drives […]

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Feb 28, 2022

Protecting aged prisoners during the Covid-19 pandemic

In the context of decongesting prisons during the Covid-19 pandemic, Medha Patkar has petitioned the Supreme Court to direct States/Union Territories to establish a uniform process for releasing prisoners above 70 years. Patkar’s petition states that prisons have not considered categorizing prisoners based on their susceptibility to the Covid-19 infection and their need to be […]

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Feb 28, 2022

Covid-19 update: Attributing Covid-19 as the cause of death on death certificates

The Ministry of Home Affairs has told the Supreme Court that all deaths with a diagnosis of COVID-19, irrespective of comorbidities, will be classified as deaths due to COVID-19. The only exception could be where there is a clear alternative cause of death that cannot be attributed to COVID-19 (accidental trauma, poisoning, etc.), where COVID-19 […]

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Feb 28, 2022

Covid-19 update: CoWin slots to open at fixed times in Maharashtra

To avoid inconvenience to people, the Maharashtra government has said it will issue instructions to all districts and Municipal Corporations to publish vaccination appointment slots at predetermined times, based on vaccine availability. To know more about Covid-19 and how you can register for vaccination, read our explainer.

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Feb 28, 2022

Protecting medical workers during the Covid-19 pandemic

In light of the recent violence against doctors, the Gauhati High Court has asked the State government to submit a detailed response on measures taken to prevent attacks on medicare service persons (doctors, nurses, paramedics, medical students, etc). The Court also asked the government to ensure that no weapons/firearms are allowed inside hospitals. To know […]

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Feb 28, 2022

Covid-19 update: Door-to-door vaccination in Maharashtra

The Bombay High Court has confirmed that the Central government has not restricted States from freely implementing a door-to-door vaccination programme for elderly citizens above 75 years and persons with disabilities. The Court has given the Maharashtra government time till 22nd June to decide on the door-to-door vaccination policy in the State. To know more […]

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Feb 28, 2022

Keeping a record of Covid-19 deaths

The Madras High Court has taken note of grievances about how the cause of death is recorded on a death certificate during the Covid-19 pandemic. The Court has asked for the State government’s response on this. The Court said that the immediate concern is that a Covid-19 victim’s family may not be able to access […]

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Feb 28, 2022

Revised vaccination policy: What does it mean for private hospitals?

The Madhya Pradesh High Court has allowed private hospitals to return vaccine doses to the government and get a refund within one month for the applicable amount. The Court allowed this in the context of the government’s changed vaccination policy which allows all vaccine doses to be administered by the States/UTs free of cost to […]

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Feb 28, 2022

Protecting stray animals during the Covid-19 pandemic

The Madras High Court has asked the State’s Animal Husbandry department to draw up a holistic plan for the general treatment of stray animals in the State during the lockdown and afterwards. The Court further asked them to consider a plan for vaccinating stray dogs and cats if necessary, or collaring them in the best […]

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Feb 28, 2022

Did you know that homeopathic doctors can prescribe medicines for preventing Covid-19?

The Kerala High Court has said that qualified homoeopathic physicians can prescribe and dispense preventive and prophylactic homoeo medicines for preventing Covid-19. They can also suggest medicines as add-on drugs for Covid-positive patients undergoing conventional treatment. To know more about Covid-19, read our explainer. To know more about patient rights, read here.

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Feb 28, 2022

Covid-19 update: Criteria for allocating vaccines to States/UTs

The Central government has said that it will allocate free vaccine doses to States/UTs based on criteria such as population, disease burden and the progress of vaccination. Further, the government will prioritize vaccination for citizens whose second dose is due, before vaccinating the 18+ category. To know more about Covid-19 and how you can register […]

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Feb 28, 2022

Covid-19 update: Covaxin reserved for second dose for 18-44 age group in Delhi

The Delhi government has said that private hospitals and nursing homes should reserve Covaxin only for people in the 18-44 age group who are scheduled to get the second dose of the vaccine in June. The Delhi Disaster Management Authority has also asked District Magistrates, and health and revenue officials to ensure total compliance with […]

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Feb 27, 2022

How can the government ensure equal distribution of vaccines?

The Tripura High Court has asked the State government to address the disproportionate distribution of vaccines, and ensure that vaccine doses available for an age group are not monopolized by any region or class of citizens, especially when there is a severe shortage of vaccines. For more information on the powers of the government during […]

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Feb 27, 2022

Preparing for a potential third wave of Covid-19

The Manipur High Court has said it is necessary for the State government to demonstrate the steps it has taken to meet the demand for medical supplies, medicines and infrastructure during the Covid-19 pandemic. The Court further asked about the action plan to meet future demands, so that the State is not caught unprepared in […]

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Feb 27, 2022

What if a Covid-infected person does not have resources to isolate at home?

The Gauhati High Court has said that before directing a person to stay under home isolation, the State government must verify if the family has sufficient rooms and facilities in the house to isolate the infected person. If not, the government must designate places for keeping such people in isolation. For more information on your […]

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Feb 27, 2022

Protecting the dignity of the dead during the Covid-19 pandemic

In light of corpses found in the Ganges river, a petition has been filed before the Supreme Court requesting it to form three-tier committees at the national, state and panchayat/municipality level to look after the disposal of dead bodies with dignity. The petition also asks the Court to order strict action against officials who charge […]

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Feb 27, 2022

Covid-19 update: Data on children orphaned during the Covid-19 pandemic

The Supreme Court has ordered the Government to submit latest information about children who have been orphaned after March 2020 (whether due to the Covid-19 pandemic or otherwise), and steps taken for attending to their basic needs. The Court also asked district authorities to upload this information on the portal ‘Bal Swaraj’, and to immediately […]

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Feb 27, 2022

Getting bail during the Covid-19 pandemic

The Supreme Court has temporarily suspended an order of the Allahabad High Court which said that fear of death from Covid-19 could be a reason to grant anticipatory bail. The Supreme Court said that courts must consider bail applications on their legal merits, like the nature and seriousness of the offence. To know more about […]

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Feb 27, 2022

Combating ‘black fungus’ during the Covid-19 pandemic

The Delhi High Court asked the Central government to consider a complete waiver of import duties on the drug Amphotericin B which is used to treat the ‘black fungus’ disease, at least while the drug remains in short supply in India. In the meantime, anyone importing the drug can clear it by submitting a bond […]

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Feb 27, 2022

What is the responsibility of the news media during the Covid-19 pandemic?

The Karnataka High Court has said that newspaper editors and publishers must verify the truth of any news before publishing it. The Court stated that any negligence in this matter can cause severe damage to public safety and societal harmony, given the present Covid-19 pandemic. For more information on your rights during the Covid-19 pandemic, […]

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Feb 27, 2022

How is the government helping migrant workers during the Covid-19 pandemic?

The Supreme Court has directed the Government to provide stranded migrant workers with dry ration under the Atma Nirbhar Scheme or other suitable schemes, and to provide them with a community kitchen. The Court asked the Government to publicise the various schemes and the places of community kitchens so that those who need the benefits […]

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Feb 27, 2022

Covid-19 update: On-site registration and appointment for Covid-19 vaccine

The Union Health Ministry has enabled on-site registration and appointment for Covid-19 vaccination for the 18-44 age group on CoWIN, subject to the decision of the State government. For now, this applies only to government Covid Vaccination Centers (CVCs). To know more about Covid-19 and how you can register for vaccination, read our explainer.

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Feb 27, 2022

Covid-19 update: Do we have a door-to-door vaccination policy?

The Bombay High Court has asked the Brihanmumbai Municipal Corporation (BMC) to consider door-to-door vaccination for elderly citizens above 75 years and people with disabilities. After repeatedly asking the Central government to consider door-to-door vaccination, the Court has now said it will allow the BMC to implement this without the Central government’s approval. To know […]

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Feb 27, 2022

Unavailability of vaccines for the 18-44 age group: What is the government going to do?

The Allahabad High Court has asked Uttar Pradesh’s Additional Chief Standing Counsel to ask the State government for instructions about the availability of Covid-19 vaccines in the State for people in the age group of 18-45 years. To know more about Covid-19 and how you can register for vaccination, read our explainer. To know more […]

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Feb 27, 2022

Covid-19 update: ICMR drops the use of plasma therapy

The Indian Council of Medical Research (ICMR) has removed the use of plasma therapy from the recommended treatment guidelines for Covid-19. To know more about Covid-19 and how you can register for vaccination, read our explainer. To know more about patient rights, read here.

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Feb 27, 2022

What is the role of private hospitals during the Covid-19 pandemic?

The Patna High Court has said that not only government hospitals, but even private hospitals must provide timely medical treatment to a person in need of such treatment. Not doing so violates the person’s right to life under Article 21 of the Constitution of India, which includes the right to health and access to basic […]

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Feb 27, 2022

Covid-19 update: Sputnik V vaccine now available

India has started using the Sputnik V vaccine against Covid-19, sold at a maximum retail price of ₹ 995 per dose. The imported Russian vaccine was cleared for use by the Central Drugs Laboratory. To know more about Covid-19 and how you can register for vaccination, read our explainer. To know more about how vaccines […]

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Feb 27, 2022

Did you know: It is your right to get both doses of the Covid-19 vaccine

The Karnataka High Court has said it is the State government’s duty to provide eligible people with the second dose of the Covid-19 vaccine when it is due. If the government fails to do so, it violates the fundamental right to life under Article 21 of the Constitution of India. To know more about Covid-19 […]

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Feb 27, 2022

Protecting children during the pandemic

The Supreme Court’s Juvenile Justice Committee has stressed on the need to improve measures for the better care, protection and well-being of children during the second wave of Covid-19. Justice Ravindra Bhat who chairs the Committee spoke about the vulnerability of children who have lost their parents to Covid-19, and the need for a mechanism […]

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Feb 27, 2022

Protecting prisoners during the pandemic

Addressing the issue of congested prisons affected by the Covid-19 pandemic, the Supreme Court has ordered the temporary release of certain prisoners with appropriate conditions, and extended parole for others. The Court ordered authorities to provide proper medical facilities to prisoners and to control the spread of Covid-19 in prisons through regular testing. To know […]

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Feb 27, 2022

Supreme Court supports sharing Covid-related information online

The Supreme Court has said that the government must immediately stop making threats of prosecution and arrest to citizens who are using the Internet to share their grievances or trying to help other citizens receive medical aid. The Court held that sharing information widely is an important tool in combating public tragedies like the current […]

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Feb 27, 2022

Supreme Court urges the government to consider lockdown

The Supreme Court has seriously urged the Central and State governments to consider imposing a lockdown to curb the second wave of Covid-19 for public welfare. Keeping in mind the socio-economic impact of a lockdown, specifically on marginalized communities, the Court said the government must make arrangements beforehand to provide for their needs.   To […]

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Feb 27, 2022

Covid-19 update: New security feature for CoWIN

The CoWIN system has introduced a new four-digit security code from May 8th to minimise errors and inconvenience caused to citizens registering for Covid vaccination. To know more about Covid-19 and how you can register for the vaccine, read our explainer

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Feb 27, 2022

Did you know: While online classes are on during lockdown, private schools have to reduce fees

The Supreme Court has said demanding fees (even for overheads) on activities and facilities that the school does not provide is indulging in profiteering and commercialisation. The Court said that private unaided schools should deduct 15 percent of their annual school fees in place of the facilities not used by students during the period of […]

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Feb 27, 2022

Did you Know: To help an orphaned child, you have to follow the legal process for adoption or face punishment

With increasing deaths due to COVID-19, citizens are using social media to appeal for the adoption of orphaned children. You should know that this is illegal. Instead, if you encounter such a case, please dial Childline Number 1098 to pass on information about children in need of care and protection.   What is the punishment […]

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Feb 27, 2022

Supreme Court issues guidelines about oxygen supply

The Supreme Court has issued guidelines to the government about oxygen supply. The Court ordered that:   While Central and State governments are managing oxygen supply, they should also create buffer emergency stocks of oxygen. If the supply chain to any hospital is disrupted, they can use the emergency stocks to avoid losing human lives. […]

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Feb 27, 2022

Did you know: Hospitals have to admit Covid patients even without identity or residence proof

The Supreme Court has ordered that hospitals must admit Covid patients and give them essential drugs even if they do not have local residential proof or identity proof. Hospitals must follow this till the Central government establishes a national policy on hospital admission. The Court has given the government two weeks’ time to create the […]

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Feb 27, 2022

#MaskUp or you could end up with a police case against you

The Tamil Nadu police have filed over 6,61,944 lakh cases (in the past three weeks) against people who failed to wear masks across the State.   What are the punishments for violating Covid-19 rules? Some of the punishments are:   Offence Punishment Intentionally doing an unlawful or negligent act which is likely to spread the […]

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Feb 27, 2022

Protecting animal rights in India

The Madras High Court has requested the relevant authorities to ensure that they treat captive temple elephants in a humane and dignified manner, and provide them with sufficient food, water and shelter.   What is a captive animal? A captive animal is a non-domestic/wild animal (like the Indian elephant) which is held by a person […]

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Feb 27, 2022

Supreme Court extends equality to witnesses: Says testimony of persons with disabilities has equal weight

The Supreme Court has said that courts should not consider the testimony of a person with a disability as weak or inferior, just because they interact with the world in a different manner.   The Court set out the following guidelines to make the criminal justice system more friendly to persons with disabilities:   The […]

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Feb 27, 2022

What should the court consider while granting bail?

The Supreme Court has said that before granting bail to an accused person, it is necessary for courts to consider the impact of their release on the witnesses and the innocent family members of the victim, who might be the next victims.   Every accused person who is detained in custody has a right to […]

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Feb 27, 2022

Is a Whatsapp group administrator legally responsible for objectionable content on the group?

Trigger Warning: This post contains information about online abuse which some readers may find disturbing.   The Bombay High Court has said that it cannot punish a Whatsapp group administrator if a group member posts objectionable content, unless there was common intention or a prearranged plan between the member and the administrator.   Groups on […]

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Feb 27, 2022

Advocates boycotting the court – Wrong at so many levels?

After Karnataka bar associations asked their members to stop doing court work, the Karnataka High Court has ordered them to give an undertaking saying that they will follow the law, which holds that it is illegal for advocates to boycott the court. The Court said that till then, it will not drop its contempt proceedings […]

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Feb 27, 2022

Did you know: Even in-laws who don’t live with a woman are responsible in cases of dowry death

  The Madras High Court has said that a woman’s in-laws cannot escape punishment for dowry death if they influence their son to get dowry, even if they live separately from their son and the victim.   What is dowry? Dowry is any marriage-related property or valuable legal document which someone gives to the other […]

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Feb 27, 2022

What are the ‘Draft Rules of Criminal Practice, 2020’?

After the Supreme Court gave directions in a case where the Court took suo moto proceedings related to inadequacies in the criminal trial system, two senior advocates and an amici curiae (someone who assists the Court) have submitted a Report outlining the ‘Draft Rules of Criminal Practice, 2020‘. Given below are the important points in […]

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Feb 27, 2022

Top 5 patient rights you should know about during COVID-19

  With the outbreak of COVID-19 in India, here are the top 5 patient rights you should know about:   Right to Obtain Information Patients have the right to obtain authentic information regarding their medical condition or ailment, method of treatment and options for treatment. Patients have to be provided: Adequate information so that they […]

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Feb 27, 2022

How does India protect its wildlife?

The Supreme Court has given directions on under-grounding overhead electric lines in Rajasthan and Gujarat to protect the Great Indian Bustard, a critically endangered bird. The estimated number of existing Great Indian Bustards is only around 250, and the bird’s population continues to decrease.   Who is responsible for protecting wild animals? Article 48A of […]

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Feb 27, 2022

What do you need to know about prisoners’ rights in India?

  The Karnataka High Court has ordered the State Government to file a detailed response on the conditions of prisons in Karnataka. In this context, let us look at prisoners’ rights in India.   What laws govern prisoners in India? Indian law regulates prisons and prisoners under the Prisons Act, 1894 and the Prisoners Act, […]

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Feb 27, 2022

Where the law stands on transgender rights in India

The Supreme Court has issued a notice in response to a petition which seeks to establish a Transgender Welfare Board and appoint a Standing Committee for investigating serious abuse against transpersons by the police. In this context, let us look at existing transgender rights in India. Who is a transgender person? A transgender person is […]

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Feb 27, 2022

Did you know that many rights form part of your Right to Life?

The Kerala High Court has said that every citizen has the right to a safe road as part of the constitutional right to freedom of movement (Article 19(1)(d)) and the right to life (Article 21). The Court said the Government must try to remove obstacles causing threat and danger to road safety as soon as […]

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Feb 27, 2022

What are the new Guidelines to protect children from sexual offences?

The Bombay High Court has issued guidelines for the effective implementation of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) which aims to protect children from offences of sexual assault, sexual harassment and pornography, and provides Special Courts for the trial of such offences.   The Court held that the law gives […]

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Feb 26, 2022

Everything you need to know about your Right to Protest

The Madras High Court has set aside a First Information Report (FIR) filed against peaceful protests around the Citizenship (Amendment) Act, 2019. In this context, let us look at citizens’ right to protest in India.   Which law gives citizens the right to protest? Article 19 of the Constitution of India, 1950 provides citizens with […]

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Feb 26, 2022

What are religious offences in India?

The Bombay High Court has said that insults to religion done unknowingly or carelessly without any deliberate or spiteful intention to anger religious feelings are not criminal offences under Section 295 of the Indian Penal Code (IPC).   How does Indian law punish religious offences? Sections 295 to 298 of the IPC specifically deal with […]

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Feb 26, 2022

Has a public servant ever asked you for a bribe? How does Indian law tackle corruption?

The Supreme Court has temporarily suspended a Karnataka High Court order upholding a corruption complaint against Karnataka Chief Minister B.S. Yediyurappa. The case was initiated through a complaint filed by a private investor alleging corruption in a housing project proposal for middle and low – income groups in Bengaluru.   Who can be punished for […]

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Feb 26, 2022

Does Telephone Tapping violate your Right to Privacy?

  The Chhattisgarh High Court has said that telephone tapping violates the right to privacy, unless it is done according to established legal procedure. The High Court relied on an earlier judgement of the Supreme Court which laid down guidelines for telephone tapping.   What are these guidelines/safeguards?   Only the Home Secretary can issue […]

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Feb 26, 2022

Did you know that filing a fake case could cost you almost a lakh in fines?

The Punjab & Haryana High Court imposed a fine of Rs. 1 Lakh on a woman who filed a fake rape case and asked the CBI to start a probe for the same. The Court said that such frivolous cases are not only an abuse of the process of law but also an attempt to […]

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Feb 26, 2022

5 things you didn’t know about your Right to Privacy

  The Madras High Court has ordered authorities to continue their inquiry into allegations of the BJP accessing voters’ mobile phone numbers through Aadhaar cards to send SMSs to voters with a link to join the party’s polling booth-level WhatsApp groups. The investigating authorities are the Unique Identification Authority of India (UIDAI), the Election Commission […]

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Feb 26, 2022

Who are the authorities implementing the law against workplace sexual harassment?

The Maharashtra Government has appointed authorities under the workplace sexual harassment law, more than seven years after it came into force. In this context, let us look at why these authorities are important.   Which authorities can you approach against workplace sexual harassment? Internal Committee: Every employer employing at least ten workers at a workplace […]

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Feb 26, 2022

Madhya Pradesh has a new Religious Conversion law: What does it say?

The Madhya Pradesh Government has passed the Madhya Pradesh Freedom of Religion Act, 2021 which aims to provide freedom of religion by prohibiting unlawful religious conversions.   Does the Act disallow all religious conversions? No. The Act disallows religious conversions done using:   Misrepresentation or fraud – Making false or untrue statements to influence another […]

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Feb 26, 2022

Can you get protection if you file a criminal complaint or witness a crime?

The survivor in the alleged rape case against former Karnataka Minister Ramesh Jarkiholi has written to the Karnataka High Court Chief Justice seeking protection for her life and safety. She asked the Court to take note of the threat she is facing, claiming that the Special Investigation Team (SIT) probing the case is acting in […]

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Feb 26, 2022

5 things the Supreme Court said about Police Reforms

The Supreme Court has said that its 2006 judgement of Prakash Singh v. Union of India, which dealt with police reforms, is used only periodically to suit the occasion, and the directions in the judgement have not been implemented seriously.   In this context, let us look at the Supreme Court’s directions in the 2006 […]

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Feb 26, 2022

Permanent Commission for women army officers: Still a long way to go

The Supreme Court has said that the Indian army’s evaluation criteria for granting permanent commission for women officers is arbitrary and irrational. The Court recognized that societal structures have been created by men and for men. When the law itself is structured towards a male standpoint, the court cannot apply it as it is to […]

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Feb 26, 2022

Holi celebrations: What is restricted?

With COVID-19 cases increasing, certain cities and States/Union Territories (UTs) have put restrictions on the upcoming Holi festival celebrations (28th and 29th March, 2021).   What are the Government’s powers to tackle COVID-19? COVID-19 is both an epidemic as well as a declared disaster in India. So, the Government response to it involves two primary […]

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Feb 26, 2022

When can High Courts set aside an FIR?

The Bombay High Court has refused to set aside a First Information Report (FIR) filed by a woman against her male colleague for sexual assault. The Court said that there should be strict implementation of Supreme Court’s Vishaka guidelines which protect women from sexual harassment at the workplace, and forcing female employees to withdraw their […]

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Feb 26, 2022

Did you know that you need Environmental Clearance for an Industrial Project?

The Delhi High Court has asked the National Highways Authority of India (NHAI) to take fresh permission for cutting trees for constructing a flyover, after the Deputy Conservator of Forests (DCF) informed the court that the NHAI’s earlier clearances have expired.   What is the law on Environmental Clearance? Environmental clearance is a procedure to […]

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Feb 26, 2022

What are your rights against torture in police custody?

The Punjab and Haryana High Court has ordered an inquiry into the claims of illegal detention and custodial torture of Dalit labour activist Shiv Kumar. In this context, let us look at how Indian law protects an accused against custodial violence.   What does the law say about the police torturing an accused person? A […]

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Feb 26, 2022

What are the Dos and Don’ts while granting Bail for Sexual Crimes?

The Supreme Court has issued guidelines that courts should follow while dealing with sexual crimes, setting aside the Madhya Pradesh High Court’s order in which a man accused of sexual assault was asked to get a “rakhi” tied on his wrist by the survivor as a condition of bail.   The Supreme Court said that […]

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Feb 26, 2022

Everything you need to know about the adoption process in India

The Delhi High Court has granted protection to a US-based Indian Christian couple who adopted a child in 2014 under Hindu law. The Central Adoption Resource Agency (CARA) has refused to give them a No Objection Certificate to obtain a passport for their child. The Court said that before the Juvenile Justice Model Rules of […]

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Feb 26, 2022

Did you know: Transgender persons can enroll in the National Cadet Corps

The Kerala High Court has ordered the National Cadet Corps (NCC) to allow enrolment of transgender persons in the NCC. The Court said that a transgender person has the right to be recognised as a transgender and a right to self-perceived gender identity. The law gives transgender persons the right to a life of dignity […]

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Feb 26, 2022

Special medical boards for abortion in rape cases: The need of the hour

Trigger Warning: This post contains information on physical violence and sexual violence which some readers may find disturbing.   The Supreme Court has asked for the Government’s response on setting up special medical boards in all districts to handle abortions for rape survivors. The Court said that a pregnant survivor should know her legal rights […]

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Feb 26, 2022

Do you need to Register a Copyright to protect your Work?

The Bombay High Court has said that registration of a copyright is not necessary to get protection under copyright law. Even if the copyright is not registered, the law will still protect the ownership over the work and punish anyone who violates it without permission.   What is copyright? Copyright is the exclusive right to […]

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Feb 26, 2022

LGBTQ+ Rights: How Courts have been upholding LGBTQ+ persons’ Rights to Life and Equality

The Delhi High Court has ordered the police to give adequate protection to a 23-year-old lesbian woman from her family members and in-laws. The woman told the Court that she was forced to marry a man and continue her heterosexual relationship against her will, despite the family being fully aware of her homosexual orientation and […]

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Feb 26, 2022

What are the No-nos of Election Campaigning?

The Tamil Nadu State Marketing Corporation Ltd (Tasmac) has seized liquor valued at ₹5.13 lakh from Krishnagiri. Tasmac deployed flying squads in all districts after the announcement of the election dates to monitor liquor movement and to stop spurious liquor from entering the State.   In this context, let us look at what the Model […]

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Feb 26, 2022

Everything you need to know about the law on Charas

Officers of the Narcotics Control Bureau (NCB) in Chennai have busted an international racket of charas smuggling from Chennai and arrested a drug peddler.   What is Charas? Charas is the separated resin (crude or purified) obtained from the cannabis plant and includes concentrated preparation and resin known as hashish oil or liquid hashish.   […]

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Feb 26, 2022

Media Trials: What are the Dos and Don’ts for Reporters?

The Bombay High Court has asked media organizations to carefully follow guidelines on media trials. The Court had previously discussed these guidelines in the case about the popular Bollywood actor, Sushant Singh Rajput.   In this case, the Court outlined guidelines for the press/media to restrict them from printing, displaying and initiating news items, discussions, […]

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Feb 25, 2022

Covid-19 vaccination: How can you get the vaccine?

The COVID-19 vaccine is not available to everyone right now. The Government has announced classes of people who can be vaccinated. They started with healthcare workers and now, they are giving the vaccine only to those above 60 years, or between 45 to 60 years with co-morbidities like diabetes, etc.   The Delhi High Court […]

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Feb 25, 2022

Can you get bail if the investigating authority does not finish its investigation on time?

The Supreme Court has asked the National Investigation Agency (NIA) to respond to activist Gautam Navlakha’s default bail application. Navlakha was arrested as an accused in the Elgaar Parishad-Bhima Koregaon case under the Unlawful Activities (Prevention) Act, 1967.   What is default bail? Default bail is the bail an accused is entitled to apply for […]

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Feb 25, 2022

Child labour is on the rise: How does the law combat it?

A study by Campaign Against Child Labour (CACL) points out that child labour among vulnerable communities has increased by nearly 280% in Tamil Nadu, compared to the pre-COVID-19 situation. The law is clear on the issue of child labour and punishes anyone employing children. Let us understand the legal position better.   What is child […]

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Feb 25, 2022

Is deliberately harming someone’s reputation a crime?

The Delhi High Court has dismissed a criminal defamation complaint filed against the Business Standard newspaper and journalist Mitali Saran over an article with supposedly defamatory hints against the Rashtriya Swayamsevak Sangh (RSS).   What is criminal defamation? If you deliberately make or publish any claim about another person with the intention to harm their […]

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Feb 25, 2022

Did you know: Harming your spouse’s reputation can be grounds for divorce

The Supreme Court has said that when a person makes claims that harm their spouse’s reputation and career, it can be considered ‘mental cruelty’ and a potential reason for divorce. In this context, let us look at the Hindu law on divorce.   What are the legal grounds for claiming divorce? Any Hindu marriage can […]

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Feb 25, 2022

Did You Know: There is a law to protect animal rights?

The Delhi High Court has ordered the Animal Welfare Board of India to find a specific spot for feeding and taking care of street dogs in a residential colony in Vasant Kunj, New Delhi.   How does Indian law protect animal rights? The Prevention of Cruelty to Animals Act, 1960 aims to prevent unnecessary pain […]

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Feb 24, 2022

Preventing child exploitation online: Facebook adds new features

Trigger Warning: This post contains information on physical violence and sexual violence which some readers may find disturbing.   Facebook has added new features to control harassment and exploitation of children on its platform, focusing on posts involving child nudity, sexual exploitation, inappropriate interactions with children and non-sexual child abuse. Facebook will send a safety […]

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Feb 24, 2022

From complaint to charge sheet: What happens after you file an FIR with the Police?

The Supreme Court has asked the Maharashtra Police to place on record the second charge sheet filed in the case related to alleged lynching of three people in Palghar district last year.   There are many steps and investigation procedures between registering an FIR and filing the charge sheet. According to the law of criminal […]

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Feb 24, 2022

Did you know: A 30-day notice is compulsory for Inter-religious Marriages

The Kerala High Court has said that under the existing special marriage law (which regulates inter-religious marriages), it is not possible to relax the mandatory notice period of 30 days, especially when the law punishes such violations. The law would have to be amended to change the notice period.   What is the notice requirement […]

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Feb 24, 2022

Covid-19 Spike: What actions can the Government take?

Active Covid-19 cases in India rose for the fifth consecutive day and went past the 1.5 lakh mark again after a gap of 17 days, according to Union Health Ministry data on Monday. According to the Ministry, the surge in active cases is due to Maharashtra, Kerala, Chhattisgarh, Punjab and Madhya Pradesh reporting a spike […]

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Feb 24, 2022

How safe are your money, jewellery, property papers in bank lockers? SC lays down guidelines until RBI creates new regulations

The Supreme Court has said that banks are service providers under the consumer protection law. They must exercise due diligence in maintaining and operating their locker or safety deposit systems. This includes ensuring the proper functioning of the locker system, guarding against unauthorized access to the lockers, and providing appropriate safeguards against theft and robbery. […]

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Feb 24, 2022

Can Electronic Voting Machines be rigged?

By Sakshi Pawar (Vidhi Maharashtra)   Recently, former Maharashtra Assembly Speaker Nana Patole directed the State Law and Justice Department to prepare a draft bill to allow voters in Maharashtra to choose between paper ballot and Electronic Voting Machines (EVMs) for local body and state assembly elections.   What are electronic voting machines? An Electronic […]

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Feb 24, 2022

Can you go to jail for defaming someone?

A Delhi court has dismissed former Union Minister M.J. Akbar’s criminal defamation complaint against journalist Priya Ramani for accusing him of sexual harassment. Akbar had filed a criminal case claiming that Ramani’s tweet and her article accusing him of sexual harassment were defamatory, and lowered his reputation.   Can damaging a person’s reputation be considered […]

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Feb 24, 2022

Addressing Sexual Harassment within the Supreme Court

Trigger Warning: This post contains information on physical violence and sexual violence which some readers may find disturbing.   The Gender Sensitisation and Internal Complaints Committee (GSICC) of the Supreme Court has found Ashok Saini, the clerk of an advocate, guilty of sexual harassment within Court premises. Saini has been debarred from entering the Court […]

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Feb 24, 2022

State vs. State: Odisha initiates Contempt of Court action against Andhra Pradesh

The Odisha government has started contempt of court proceedings against Andhra Pradesh in the Supreme Court for violating the Court’s order regarding an inter-State border dispute over the Kotia panchayat.   What is contempt of court? Contempt of court simply means disrespecting the court in any way. In India, anyone can be punished by the […]

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Feb 24, 2022

Did you Know: There are Conditions Limiting Your Right to Protest

The Supreme Court has refused to reconsider its judgement on the Shaheen Bagh protests which opposed the Citizenship (Amendment) Act.   What was the Court’s judgement on the Shaheen Bagh protests? In its Shaheen Bagh judgement, the Supreme Court said that while citizens have the right to peaceful protest, demonstrations which exhibit dissent should take […]

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Feb 24, 2022

Did you know: No maintenance to a wife can be economic abuse – a type of domestic violence

Trigger Warning: This post contains information on physical violence and sexual violence which some readers may find disturbing.   The Tripura High Court has said that economic abuse is a form of domestic violence. It includes deprivation of financial resources which are legally or rightfully owed to a woman. Therefore, denying maintenance allowance to a […]

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Feb 24, 2022

Freedom of Speech and Expression: Why is it Important?

The Supreme Court has temporarily suspended the Kerala High Court’s order against activist Rehana Fathima, which restricted her from using visual or electronic media to publish, share, or circulate any material or comments.   What does the right to freedom of speech and expression mean? Article 19(1)(a) of the Constitution gives all citizens the fundamental […]

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Feb 24, 2022

The equal right of the LGBTQ+ community to display affection in public

The Allahabad High Court has said that members of the LGBTQ+ community can engage in public display of affection towards their partners, as long as it is not indecent or likely to disturb public order.   In the Navtej Singh judgement, the Supreme Court held that the law does not criminalize consensual sexual relationships between […]

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Feb 24, 2022

Fooled by a product too similar to your preferred brand? You have the right to file a complaint!

The Delhi High Court has restrained the brand Joy from using, manufacturing, selling, advertising, or dealing in cosmetic products that are deceptively similar to Nivea in terms of label and appearance. The Court found that the shape, size and colour product of “Joy Intense Moisture” lotion was deceptively similar, even if not identical, to that […]

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Feb 24, 2022

Did you Know not obeying a Court order can land you in jail?

The Madras High Court has held the Church of South India Madras Diocese Bishop and two pastors guilty of contempt of court for not following its order. The High Court sentenced them to imprisonment for three months with a fine of Rupees 1,500 each.   Contempt of court simply means disrespecting the court in any […]

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Feb 24, 2022

Bringing Fugitive Criminals to Justice: How does Extradition work?

Pakistani-origin Canadian businessman Tahawwur Rana, a key accused in the 2008 Mumbai terror attack, has opposed his extradition to India, arguing that he has previously been acquitted of the offences for which his extradition is sought.   Chhota Rajan, Vijay Mallya, Lalit Modi, Bannanje Raja – They are all high-profile people who fled from India […]

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Feb 24, 2022

Did You Know: Proof of the demand for a bribe is necessary to convict corrupt officials

The Supreme Court has said that to hold a public servant guilty of corruption, it is not enough if tainted currency notes are recovered from their possession. There needs to be proof that the public servant demanded a bribe. Without such proof of demand, the public servant cannot be held guilty of using corrupt or […]

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Feb 24, 2022

Hurting someone else is a Crime: What is the punishment?

In a case of gross negligence, twelve children were administered hand sanitiser drops instead of oral polio vaccine drops in a village in Yavatmal, Maharashtra. An inquiry is underway against three healthcare workers involved in the incident.   What recourse do patients have?   Under civil law, a patient can: Complain to the State Medical […]

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Feb 24, 2022

Did you know that if your fundamental rights are violated, you can get bail for UAPA Cases

  The Supreme Court has held that violation of the fundamental right to speedy trial is a ground for the constitutional court to grant bail in UAPA (Unlawful Activities (Prevention) Act, 1967) cases.   What is an ‘unlawful activity’? The UAPA aims to effectively prevent certain unlawful activities of individuals and associations, and also deals […]

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Feb 24, 2022

Did you know: Citizens above 75 years do not need to file income tax returns in certain conditions

The Union Budget 2021 has scrapped income tax filing for senior citizens above the age of 75 whose only source of income is pension and interest. The Government has not changed direct taxes, but has taken steps in direct tax incentives to ease compliance for taxpayers. In this context, here are a few things you […]

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Feb 24, 2022

Can the Government just take over your land?

Yes. The Supreme Court has said that once the Government takes possession of land, it belongs to the Government and the landowner no longer has ownership of the land.   Does the law regulate government acquisition of land? Yes, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 seeks […]

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Feb 24, 2022

Ordered online? You can get Compensation if your Order is Cancelled

The Odisha State Consumer Dispute Redressal Commission has found Amazon India guilty of ‘unfair trade practices’ for withdrawing an offer for sale of a laptop. The Commission directed the company to pay a sum of Rupees forty thousand as compensation to the complainant.   In this context, let us look at consumer protection laws and […]

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Feb 24, 2022

Does the Aarogya Setu app violate the Fundamental Right to Privacy?

The Karnataka High Court has said that sharing a citizen’s health data without their consent violates the right to privacy guaranteed under Article 21 of the Constitution of India, 1950. The Court has now temporarily restrained the Government and the National Informatics Centre from sharing response data from the Aarogya Setu app, unless they take […]

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Feb 24, 2022

Did you know: A person does not have the right to seek information about bank details and income tax returns of their spouse

The Central Information Commission has said that filing individual Income Tax Returns is not a public activity. It is an obligation which a citizen owes to the government. This information cannot be disclosed to anyone who files a right to information (RTI) application, unless there is a larger public interest involved.   What other information […]

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Feb 24, 2022

Did you know: Your Reputation is a part of your Right to Life

A Delhi court has said that a person’s reputation is their valuable asset and a part of their fundamental right to life under Article 21 of the Constitution of India, 1950. Any media act which might deprive an accused person of their dignity would harm their constitutional rights, and news items should be published only […]

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Feb 24, 2022

Did you know: 65% of the death sentences imposed by courts in 2020 were for offences involving sexual violence

Trigger Warning: This post contains information on physical violence and sexual violence which some readers may find disturbing.   This statistic comes from the fifth edition of the Death Penalty in India: Annual Statistics Report, published by Project 39A at National Law University, Delhi. The Report provides an update on all death penalty cases in […]

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Feb 24, 2022

Did you know: You don’t need to give strict proof of essential marriage rites to get maintenance under criminal law

The Allahabad High Court has said that it is enough if the court is satisfied with the evidence regarding the performance of marriage (in this case, a valid nikahnama). Strict proof of performance of essential marriage rites is not required while claiming maintenance under Section 125 of the Code of Criminal Procedure. What other Indian […]

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Feb 24, 2022

Copyright and its significance for Cinema

The Mumbai police have arrested Maha Movie television channel’s CEO Sanjay Verma in a copyright violation case. Allegedly, the Maha Movie channel illegally broadcast movies like “Zanjeer”, “Lawaris”, “Jadugar”, “Mohabbat Ke Dushman”, “Muqaddar Ka Sikandar”. Let us look at copyright law to understand why it was illegal.   What is copyright? Copyright is the exclusive […]

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Feb 24, 2022

The Tandav Controversy: What does it mean to hurt Religious Sentiments?

The makers of Amazon Prime Video’s new political drama ‘Tandav’ issued an “unconditional” apology after police complaints were filed in Maharashtra and Uttar Pradesh alleging that some scenes “insulted Hindu gods and goddesses”.   How does Indian law punish religious offences? Sections 295 to 298 of the Indian Penal Code, 1860 specifically deal with offences […]

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Feb 24, 2022

Did you know: A sexual harassment complaint can be filed against another woman in the workplace

The Calcutta High Court has said that same-gender complaints are permitted under the law on sexual harassment at the workplace. The Court held that people of the same gender can complain of sexual harassment against each other. A person of any gender can commit acts of sexual harassment at the workplace.   If a workplace […]

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Feb 24, 2022

TRP Scam and the Ethics of News Broadcasting

The Mumbai police has submitted messages that were allegedly exchanged between Republic TV editor Arnab Goswami and Partho Dasgupta, the former chief executive officer (CEO) of Broadcast Audience Research Council (BARC), discussing ways to “manipulate” television point ratings (TRPs). The messages also show Goswami’s proximity to the Prime Minister’s Office (PMO) and the Ministry of […]

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Feb 24, 2022

Is it Compulsory to Publish a Notice of an Inter-religious Marriage?

The Allahabad High Court has said that under the special marriage law (which regulates inter-religious marriages), it is not compulsory for the Marriage Officer to publish a notice of a marriage and call for objections to the marriage.   When is the Marriage Officer allowed to publish a marriage notice? The couple getting married can […]

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Feb 24, 2022

The Law and your Right to Pollution-Free Water

The Supreme Court has taken up a petition filed by Delhi Jal Board against the Haryana Government, seeking to immediately stop the discharge of pollutants in the Yamuna river. The Board has claimed that the dumping of untreated discharge in the Yamuna has spiked Ammonia levels in the river.   Which law regulates water pollution […]

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Feb 24, 2022

5 Rights that are part of Your Right to Life

The Delhi High Court has confirmed that every individual has a right to access to drinking water of a quantity and quality equal to their basic needs. The Court held that it is a settled legal position that right to access to drinking water is fundamental to life, and the Government has a duty under […]

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Feb 23, 2022

Getting compensation for motor vehicle accidents

Recently, while deciding the victim’s compensation in a motor vehicle accident case, the Supreme Court has held that fixing a notional income for homemakers is important because it is a recognition of the many women who are engaged in homemaking.   The Court said that fixing a notional income for homemakers accepts the idea that […]

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Feb 23, 2022

Anti-Defection Law: How do politicians lose their MP/MLA status?

The Supreme Court has asked the Speaker of the Rajasthan Legislative Assembly to respond to a plea filed by the Bahujan Samaj Party (BSP) against the merger of six BSP MLAs into the ruling Congress party in Rajasthan. In this context, let us look at the law on disqualification of legislators on the grounds of […]

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Feb 23, 2022

What does Indian law say about Unlawful Assemblies and Rioting?

Four people died in the United States when a pro-Trump mob stormed the U.S. Capitol. The mob violently clashed with law enforcement in a bid to help President Donald Trump overturn his defeat in the November election. In this context, let us look at how the law in India deals with rioting.   Which Indian […]

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Feb 23, 2022

Did You Know What Ethical Duties Bind Your Lawyer?

The Supreme Court has said that advocates cannot throw away the legal rights of parties or enter into agreements against the law. Any concession in law made by advocates will not bind the parties. Which law regulates the legal profession in India? The Advocates Act, 1961 and the Bar Council of India Rules regulate […]

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Feb 23, 2022

Central Vista Project: The requirement of Environmental Clearance

The Supreme Court has granted approval for the multi-crore Central Vista project which aims at redeveloping India’s power corridor, including a new Parliament building, a common Central Secretariat, and a renovated Rajpath stretching from Rashtrapati Bhavan to India Gate.   The Court held that the Ministry of Environment, Forest and Climate Change gave proper and […]

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Feb 23, 2022

What does Indian law say about Vandalism?

Mukesh Ambani’s Reliance Industries Limited (RIL) has said it will file a petition in the Punjab and Haryana High Court seeking ‘immediate intervention’ after Jio Infocomm towers were allegedly vandalised by farmers in Punjab protesting against the new farm laws.   Which law punishes vandalism? The Indian Penal Code, 1860 punishes acts of vandalism, also […]

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Feb 23, 2022

Live-in Relationships and the Law

The Punjab and Haryana High Court has said that two adult individuals above eighteen years of age can decide to be in a live-in relationship, even if they are not of marriageable age. The Court held that every adult individual has a right to live their life as they desire. An adult individual’s family members […]

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Feb 23, 2022

What is India’s law on Disaster Management?

The Nagaland State Disaster Management Authority has confirmed that a massive wildfire has broken out in Dzukou Valley, a popular trekking destination on the Manipur-Nagaland border. The Indian Air Force has now engaged an Mi-17V5 helicopter to tame the wildfire, which is spreading fast due to strong winds and ambient dryness.   Which law governs […]

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Feb 23, 2022

4 Things You Need to Know About Transgender Rights and ID Proof in India

Identification documents play a major role in facilitating your rights such as the right to healthcare, education, etc. and are also important for day-to-day activities such as applying for a SIM Card or a bank account, etc.   Did you know that… …it is your right to get identification documents recognizing the gender you want […]

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Feb 23, 2022

What happens if the Mid-day Meal Scheme cannot be provided?

The Delhi government has announced that it will provide students of its schools dry rations under the mid-day meal scheme for six months.   Which law provides for Mid-day Meals? Indian law provides for mid-day meals under the National Food Security Act, 2013, along with the Mid-Day Meal Rules, 2015.   Who gets Mid-day Meal […]

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Feb 23, 2022

How does the Law protect Consumers?

Have you ever been surprised by the hidden charge for a carry bag at a store? Well, you will be glad to know that this is now considered an unfair trade practice.   The National Consumer Disputes Redressal Commission (NCDRC) has said that before consumers choose to buy goods from a particular retail outlet, they […]

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Feb 23, 2022

How do Vaccines get Government Approval?

The Serum Institute of India (SII) has developed the first indigenous vaccine against pneumonia – the Pneumococcal Polysaccharide Conjugate vaccine. The vaccine has got market approval from India’s drug regulator and will be launched by Union Health Minister Harsh Vardhan.   Before being approved for public use, any potential vaccine must go through several trial […]

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Feb 23, 2022

What can you do against Police Inaction?

The Karnataka High Court has directed the station house officer of a Kalaburagi police station to clean the road in front of his police station for one week, after the officer failed to take note of a complaint by a mother whose son was allegedly abducted.   In this context, let us look at the […]

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Feb 23, 2022

Putting an end to corruption: Why is the Lokpal important?

BJP leader Ashwini Kumar Upadhyay has filed a Public Interest Litigation (PIL) in the Supreme Court seeking to establish special anti-corruption courts in every district within one year, to decide cases related to various economic offences. In this context, let us look at an important mechanism against corruption – the Lokpal.   What is the […]

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Feb 23, 2022

What is the Mid-day Meal Scheme?

The Gujarat High Court has taken notice of a survey which reveals that among households with children enrolled in government schools, 85 percent of parents reported that they were not able to access mid-day meals since March, when the schools were closed due to the Covid-19 pandemic. The High Court has now issued a notice […]

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Feb 23, 2022

What do you need to know about Contempt of Court?

The Supreme Court has issued notices to stand-up comic Kunal Kamra and cartoonist Rachita Taneja for contempt action against them for tweets allegedly scandalising the court.   What is contempt of court? Contempt of court simply means disrespecting the court in any way. In India, anyone can be punished by the court if they disrespect […]

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Feb 23, 2022

What do you need to know about India’s law on Abortion?

The Kerala High Court has dismissed a couple’s plea to abort a 35-week-old foetus. The couple had requested the abortion for medical reasons because the foetus has serious developmental brain anomalies.   Which Indian law regulates abortions? The Medical Termination of Pregnancy Act, 1971, provides for the termination of certain pregnancies by authorised doctors with […]

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Feb 23, 2022

What do you need to know about Default Bail?

The Bombay High Court is going to decide whether activist Gautam Navlakha is entitled to get default bail. Navlakha was arrested as an accused in the Elgaar Parishad-Bhima Koregaon case under the Unlawful Activities (Prevention) Act, 1967.   Which law regulates bail in India? The Code of Criminal Procedure, 1973 regulates the procedural aspects of […]

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Feb 23, 2022

What are the Rights of Transgender People in India?

The Central Government has informed the Kerala High Court that currently, transgender persons are not legally allowed to enter the National Cadet Corps and the armed forces. The Government also stated that it is their prerogative to create a new division for the third gender. In light of this statement, let us look at the […]

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Feb 23, 2022

The new labour regime and the Right to Strike

The Nurses Union of All India Institute of Medical Sciences (AIIMS), New Delhi has called off its strike after a meeting with the hospital administration, hours after the Delhi High Court restrained it from continuing the agitation. Around 5,000 nurses went on a strike from Monday over long pending demands, including better pay.   Legal […]

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Feb 23, 2022

What do you need to know about Lok Adalats?

The National Lok Adalat was recently organised in Haryana by the National Legal Services Authority. In this context, let us look at the significance of Lok Adalats in the legal system.   Which law created Lok Adalats? The Legal Services Authorities Act, 1987 establishes legal services authorities to provide free and competent legal services, and […]

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Feb 23, 2022

The Future of Cattle Slaughter in Karnataka: What is going to Change?

The BJP-led government in Karnataka passed the Karnataka Prevention of Slaughter and Preservation of Cattle Bill, 2020 in the Legislative Assembly amid strong opposition from the Congress and the Janata Dal (Secular).   How does the Bill impact cattle slaughter in Karnataka?   What animals does the Bill protect?   The Bill protects cattle such […]

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Feb 23, 2022

How does the Law deal with Caste-based violence?

In a recent incident of caste-based violence, a 25-year-old Dalit man in Madhya Pradesh’s Chhatarpur district was beaten to death by his friends after allegedly touching their food at a feast.   What is the Constitutional take on discrimination? Article 15 of the Constitution of India, 1950 says that the Government should not discriminate against […]

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Feb 23, 2022

What is the National Security Act and why does it matter?

In reference to the National Security Act, the Allahabad High Court has said that if a law gives the Government extraordinary power to detain a person without applying ordinary law and trial by courts, such a law should be strictly interpreted and implemented with extreme care.   What is the National Security Act? The National […]

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Feb 23, 2022

Who Protects the Wildlife in India?

The Karnataka High Court has stated that it is the Government’s obligation to protect wildlife. It has asked the State Government what steps it is taking to protect the Great Indian Bustard, a critically endangered bird. The estimated number of existing Great Indian Bustards is only around 250, and the bird’s population continues to decrease. […]

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Feb 23, 2022

Did you know that Intentionally Insulting any Religion is a Crime?

The Supreme Court has upheld the First Information Reports (FIRs) filed against journalist Amish Devgan for his remarks against Sufi saint Moinuddin Chishti. On June 15, while hosting his programme ‘Aar Par’, Devgan called the saint a ‘lootera’.   How does Indian law punish religious offences? Sections 295 to 298 of the Indian Penal Code, […]

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Feb 23, 2022

Everything you need to know about the Farmers’ Right to Protest

Farmers continue their protest in Delhi against the farm laws recently passed by the Parliament. In this context, let us look at what Indian law says about the right to protest given to all citizens.   Which law gives citizens the right to protest? Article 19 of the Constitution of India, 1950 provides citizens with […]

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Feb 23, 2022

Understanding the Law on Live-In Relationships in India

The Allahabad High Court has granted police protection to a couple who were in a live-in relationship. The Court said that a live-in relationship between two adults who are consenting and above the age of 18 is not an offence in India.   What are Live-in relationships? Live-in relationships are relationships where two adults above […]

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Feb 23, 2022

Did You Know that India has a Witness Protection Scheme?

The Karnataka High Court has directed the State Government to take action and implement the Witness Protection Scheme, 2018, which has been approved by the Supreme Court. The High Court gave its order to protect vulnerable witnesses in pending criminal cases against Members of Parliament (MPs) and Members of Legislative Assembly (MLAs).   What is […]

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Feb 23, 2022

Did you know: Caste or Religion is not a Barrier to Marriage

The Karnataka High Court has said that any adult has the fundamental right to marry the person of their choice. Irrespective of caste or religion, nobody can restrict the freedom relating to the personal relationships of two individuals.   Which law regulates inter-religious marriages? A man and a woman belonging to different religions can marry […]

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Feb 23, 2022

The violence against women continues: How does Indian law punish Rape?

Trigger Warning: This explainer contains information on physical violence and sexual violence which some readers may find disturbing.   An eight-year-old girl was thrown into a dry well after being allegedly raped and strangled to death by unidentified men in the Pratapgarh district of Rajasthan. The accused abducted the girl from her house while she […]

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Feb 23, 2022

The Curious Case of Stan Swamy: Prisoners’ Rights in India

The National Investigation Agency (NIA) has told the special NIA court that they do not have a straw and sipper to give to 83-year-old Father Stan Swamy. On November 6, Swamy sought permission to allow him a straw and sipper in Taloja Central Jail as he suffers from Parkinson’s disease and cannot hold a glass. […]

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Feb 23, 2022

Gender Equality in the Armed Forces: Permanent Commission

The Supreme Court has asked the Central Government for an update on the status of women army officers’ permanent commission. Women army officers had approached the Court claiming that less than 50% of the women officers have been granted permanent commission by the Indian Army.   What is Permanent Commission? Permanent commission (PC) allows officers […]

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Feb 23, 2022

Did you know that Ayurvedic Doctors can do Surgery in India?

Postgraduate students in Ayurveda can perform a variety of surgical procedures including general surgery, ENT, ophthalmology, and dental procedures. The Central Council of Indian Medicine (CCIM) in its gazette notification allowed Ayurvedic Post Graduates to receive formal training for such operations. What law allows this? The Central Council of Indian Medicine, made amendments to the […]

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Feb 23, 2022

“Love Jihad” and the right to marry any person of one’s choice.

  In the last few weeks, as many as five state governments — Uttar Pradesh, Madhya Pradesh, Haryana, Karnataka and Assam — have stated their intention to bring a law against alleged “Love Jihad”.   What is “Love Jihad”?   Proponents of the “Love Jihad” theory see it as a large consipracy to get non-Muslim […]

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Feb 23, 2022

100 Days of Nyaaya Daily : A Recap

Today we celebrate 100 Days of Nyaaya Daily! The Nyaaya Daily is a simple legal explainer with bite-sized, contextual information on legal issues in the news or recent legal developments. We want people to become familiar with the law and its impact on them at a personal level. <insert video here> Here are some of […]

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Feb 23, 2022

5 things you didn’t know about Right to Education

The Supreme Court has recently expanded the right to education to include quality education being imparted to the children, for which teachers must be meritorious and well qualified.   The law on Right to Education Article 21A of the Constitution of India, 1950 states that education is a fundamental right. This means that the government […]

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Feb 21, 2022

Exploitation of workers: Can the new labour regime help?

Indian workers in factories supplying the supermarket chains Marks & Spencer, Tesco and Sainsbury’s, and the fashion brand Ralph Lauren, told the BBC they are being subjected to exploitative work conditions.   Legal regulation of working conditions The workers’ claims indicate a violation of the Factories Act, 1948 which states workers should not work for […]

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Feb 21, 2022

Maharashtra’s Governor versus Contempt of Court

Maharashtra Governor Bhagat Singh Koshyari has asked the Supreme Court to temporarily suspend contempt proceedings initiated against him by the Uttarakhand High Court. The High Court initiated proceedings against Koshyari because he did not follow its order to pay market rent for a government bungalow allocated to him as a former Chief Minister of Uttarakhand. […]

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Feb 21, 2022

The Mid-day Meal Scheme: What are the rules?

The Karnataka High Court has directed the State government to provide information about how and when the government will compensate students who are deprived of Mid-day meal benefits. The Court’s order came after the Karnataka government confirmed that it has not provided mid-day meals to children from June 2020.   Which law provides for Mid-day […]

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Feb 21, 2022

5 Protections for Scheduled Tribes under the law

Addressing a gathering in Bhopal on ‘Tribal Pride Day’, Madhya Pradesh Chief Minister Shivraj Singh Chouhan spoke of protecting tribal rights and the steps being taken by the government to protect tribal people.   How does Indian law protect Scheduled Tribes (STs)? The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 specifically […]

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Feb 21, 2022

Getting approval for vaccines: How does it work in India?

American pharma company Pfizer has said that from phase 3 clinical trials, its vaccine candidate is more than 90 per cent effective in preventing Covid-19 in participants.   Before being approved for public use, any potential vaccine must go through several trial stages to ensure that the vaccine can be safely used without harmful effects […]

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Feb 21, 2022

The Firecracker Ban: Where do the Supreme Court and State governments stand?

The Supreme Court has confirmed the Calcutta High Court’s order to ban firecrackers in West Bengal. The Supreme Court said that although festivals are an important part of our culture, India is in the middle of a pandemic where protecting life is of the greatest value. The Court also held that citizens should encourage anything […]

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Feb 21, 2022

Does the I&B Ministry control Netflix and Amazon Prime?

The government has brought digital/online media under the control of the Ministry of Information and Broadcasting (I&B Ministry). They announced this through a notification on 9th November, 2020. How did the government make this change? The notification amends the Government of India (Allocation of Business) Rules, 1961, adding digital/online media as a responsibility of the […]

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Feb 21, 2022

Bollywood thinks Cable TV News is not up to Code

The Delhi High Court has issued orders in response to a case filed by major film production houses against television channels Republic TV and Times Now. The production houses (including Dharma Productions, Red Chillies Entertainment, Yash Raj Films, etc.) claim that the reporting by these television channels is irresponsible and defamatory. The Court has now […]

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Feb 21, 2022

5 important things that the Supreme Court recently said about the Law on Maintenance

The Supreme Court recently delivered a judgement in the case of Rajnesh v. Neha, discussing various aspects of the law on maintenance in India. Here are 5 notable points from the judgement. Claiming maintenance under multiple laws The following Indian laws provide for maintenance: a) Special Marriage Act, 1954 (SMA) – Sections 36 and 37 […]

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Feb 21, 2022

Goa protests: How does Indian law protect the environment?

Thousands of Goans gathered at Chandor village in South Goa to protest against the State government’s move to expand the railway network between Margao and Sanvordem. There are three major infrastructure projects that threaten the forests in and around the regions of Mollem National Park and Bhagwan Mahaveer Wildlife Sanctuary. Residents have claimed that the […]

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Feb 21, 2022

5 things you didn’t know about the Law on Real Estate

The Supreme Court has said that a person who buys a plot/building can approach the Consumer Court to complain against the builder/developer. In its judgement, the Court held that the consumer protection law is also applicable to real estate complaints by allottees.   Which law regulates real estate in India? The Real Estate (Regulation and […]

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Feb 21, 2022

Arnab Goswami’s arrest and the Law on Abetment of Suicide

Republic TV editor Arnab Goswami was arrested by the Mumbai police in connection with an abetment to suicide case filed against him in 2018. The case is in relation to the death of architect Anvay Naik, who ended his life on May 5, 2018 after naming Goswami in his suicide note. Which law punishes abetment […]

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Feb 21, 2022

Here is what you need to know about Arrest-related Rights

Republic TV editor Arnab Goswami was arrested by the Mumbai Police today in relation to an old charge on abetment of suicide. The Supreme Court has laid down arrest-related guidelines that give a person certain rights upon being arrested by the police. In DK Basu v State of West Bengal, the Supreme Court set out […]

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Feb 21, 2022

5 things you didn’t know about Cybercrime

The Ministry of Home Affairs has asked all States to examine and register First Information Reports (FIRs) based on the complaints received on the National Cybercrime Reporting Portal – www.cybercrime.gov.in. As per data available with the Ministry, only 2.5% of total complaints registered on the portal are converted into FIRs. Which laws govern cybercrime in […]

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Feb 21, 2022

5 things you didn’t know about the Rights of Transgender People

The Assam Public Service Commission (APSC) has introduced ‘transgender’ as a gender category option in the application form for the State civil and allied services examination. The APSC is probably the first state commission to introduce this option, and around 42 applications have already been received under this option. Which law protect the rights of […]

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Feb 21, 2022

Is differentiation permissible under the right to equality?

The Supreme Court of India granted plots of land for 318 retired employees stating that the company violated the right to equality by granting the same to a few employees and not the rest. Which law governs equality in India? The right to equality is present in Articles 14, 15 and 16 of the Constitution […]

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Feb 1, 2022

Hindu Law: Daughter’s inheritance before 1956

Guest post by Pallavi Mohan Recently, the Supreme Court clarified what happens to a father’s self-acquired property, if he died intestate (meaning, without a will) before the year 1956 and is survived only by a daughter. Why is the year ‘1956’ relevant? In India, personal laws and customs form the basis of inheritance laws. Being established principles, […]

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Jan 6, 2022

Supreme Court Orders States To Declare Class XII Results By July 31

At vero eos et accusamus et iusto odio dignissimos ducimus qui blanditiis praesentium voluptatum deleniti atque corrupti quos dolores et quas molestias excepturi sint occaecati cupiditate non provident, similique sunt in culpa qui officia deserunt mollitia animi, id est laborum et dolorum fuga. Et harum quidem rerum facilis est et expedita distinctio. Nam libero tempore, […]

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