A fortnightly feature inspired by I-CONnect’s weekly “What’s New in Public Law” feature that addresses the lacuna of a one-stop-shop public law newsletter in the Indian legal space. What’s new at LAOT Chaitanya Hegde and Aalooka Verma, Incomplete Chargesheet and further investigation – A convenient tool to delay custody of an Accused (argues that […]
The post Lately in Public Law | November’23 appeared first on Law and Other Things.
The SC in the case of Ritu Chhabria v. Union of India held that incomplete chargesheets filed by investigative authorities to deny regular bail violate rights of an accused. This decision was criticised for hampering further investigation powers under section 173(8). This post argues that 173(8) is meant to allow additional evidence after a complete chargesheet is filed, not to continue incomplete investigations. The Court should clarify that incomplete chargesheets are not true 173(2) chargesheets, so further investigation must first yield a complete chargesheet before any supplementary ones. This would not affect 173(8) powers but would protect against misuse of incomplete chargesheets to deny bail.
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This explainer has been written as a part of LAOT’s Legal Writing Mentorship Program,2023, which details the developments on the challenges to the constitutional validity of Section 6A of the Citizenship Act, 1955.
The post Explainer: Assam Sanmilita Mahasangha v. Union of India appeared first on Law and Other Things.
This article delves into the intricate complexities surrounding the imposition of bail conditions under Section 167 of the Code of Criminal Procedure (CrPC) in India and their profound implications on the rights of accused individuals. While Section 167 of the CrPC is ostensibly structured to safeguard the rights of the accused, allowing for their release on bail in the event of delayed investigations, the practical application of these bail conditions has sparked a compelling debate over the delicate equilibrium between fundamental rights, the imperative for expeditious investigations, and the broader interests of justice. The blog post adopts a rights-centered perspective, contending that the indefinite imposition of bail conditions can exert a profound impact on the cherished rights of the accused, notably encroaching upon their right to unhindered travel and their fundamental right to lead a life of dignity.
The post Bail Conditions Enabling or Right Restraining appeared first on Law and Other Things.
A fortnightly feature inspired by I-CONnect’s weekly “What’s New in Public Law” feature that addresses the lacuna of a one-stop-shop public law newsletter in the Indian legal space. What’s New at LAOT Sughosh Joshi, Marriage Equality Case: What did the SC say? (summarises what the various opinions in the Marriage Equality Judgment held on the […]
The post Lately in Public Law | October 2023 appeared first on Law and Other Things.
Introduction India, in the recent times, has been at the receiving end of several attacks of online extortion with latest one being the Instant loan app blackmail case. With around 2.8 thousand cases being recorded in India only in 2021, it clearly indicates the gravity of the issue. In the light of the same, this […]
The post An Appraisal Of The Penal Framework Of Extortion In Light Of Digitization: Accounting For Modern Challenges And Plugging Inadequacies appeared first on Law and Other Things.
Summary: This post summarises what the various opinions in the Marriage Equality Judgment held on the issues raised by the petitioners. A Constitution Bench of the Supreme Court of India (SC) on 17th October, 2023 pronounced a judgment in the case of Supriyo @ Supriya Chakraborty & Anr. v. Union of India. The case was about […]
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In this article, the author examines the recent conflicts between the Meiti and Kuki tribes in Manipur, emphasizing the sexual violence directed at the women of the minority tribe. By analyzing the roles played by different women based on their ethnicities, the author has identified the role of organizational behavior leading to intersectional violence in ethnic conflicts. Employing a feminist-intersectional approach, the author investigates the use of rape and sexual offences as instruments of oppression, particularly in conflict zones and tribal disputes. The article also critiques the negligence of governmental authorities and proposes a preventive framework to enhance protection for victims.”
The post Unraveling Ethnic Strife: Navigating Justice, Gender, and Accountability in the Aftermath of Manipur appeared first on Law and Other Things.
In light of High Court judgments upholding child marriages as permissible in Muslim personal law, the author suggests close-in-age exemptions, recently recommended by the Law Commission of India, as a better means to protect adolescent relationships from criminalisation than religion-based grounds.
The post (Outr)Age of Reason: Child Marriage, Personal Laws and Close-in-Age Exemptions appeared first on Law and Other Things.
Summary: This article delves into the environmental regulations in both the United States and India, focusing on how they may prioritize private property rights over environmental conservation. Specifically, it looks at the recent SCOTUS ruling on the Sackett Case, and the recent India’s Forest Conservation Amendment Bill 2023. By drawing comparisons between the USA’s historical […]
The post Balancing Private Property Rights and Environmental Regulations: a Cross Country Examination of India and the USA- Part I appeared first on Law and Other Things.
