abstract The pre-approval stage of the resolution plan, which occurs before the NCLT accepts the plan, is a crucial stage and can make or break the entire resolution process. However, there is a lack of clarity regarding the tribunal’s power to intervene and adjudicate upon the issues arising at this stage, which has created uncertainty Continue reading
Abstract The article reviews the legislative changes to the Medical Termination of Pregnancy Act 1971. It first provides background to the construction of the Act and proceeds to enumerate the various changes it has undergone. The author then elaborates upon the transformation and metamorphosis the Act has undergone to offer a critique of its various Continue reading
The article examines the proposed The Uttar Pradesh Population (Control, Stabilization, and Welfare) Bill, 2021, through the lens of disability rights and argues that the draft law was prepared with complete insensitivity towards disabled people.
The Bill aims to control the population by limiting government incentives and benefits to those who have two children and has received criticism for its regressive approach. The article suggests that the law should be reassessed and take into account the principles of UNCRPD, RPwD Act, and constitutional jurisprudence pertaining to disability law. The government should also consider the objections of relevant stakeholders and avoid promoting exclusionary practices and stereotypes.
ABSTRACT This is the twenty-first Century and we live in the internet era where everything is transforming into digital, including an omnipresent, global, and hugely accessible media to almost 4.88 billion internet users. The internet allows us to access a wealth of information, including daily news that provides extensive details on various topics, locations, and Continue reading
Abstract ECtHR is under an obligation to account for the national constitutional values and context of the state while adjudicating on the matters relating to freedom of expression. It is generally argued by the scholars that all the cases restricting freedom of expression circumscribing public morals are subject to deference to national authorities. However, the Continue reading
Beginning with the acceptance of Cornelia Sorabji into the Allahabad High court in 1921 to rehearse as an advocate, the Indian legal system has come up a long way since India’s independence. Officially, after the Legal Practitioners’ (Women) Act of 1923 was passed, the restrictions on Indian women practising law were abolished. At least on paper, allowing female advocates access to the Indian courts.
It has been observed that in recent years, the High courts of India have been approving or refusing bail orders in a cryptic and arbitrary manner in an increasing number of cases. This phenomenon can have deleterious ramifications for society and has the potential to ultimately erode trust in a just, fair, and reasonable judicial system. The judges of the High Courts have developed a propensity to particularly make generic statements about how “the facts and the circumstances have been considered” in such rulings which allowed the grant or rejection of the bail.
