Sex Work and the Law: A Case for Nuanced Debate

The debate over legalization vs decriminalization of prostitution is in the public domain with reports that the National Commission for Women has recommended legalization to the Supreme Court appointed panel for rehabilitation of sex workers. The panel, formed in 2011 when the Supreme Court suo motu converted a criminal appeal relating to a murder of a sex worker into... Continue Reading →

Protecting the Harassed and the Harasser

The Supreme Court recently passed a controversial judgment condemning ‘automatic’ arrests by police in dowry harassment cases against husbands and in-laws. The judgment has received a mixed response. While its supporters praise the Court’s strong statement against misuse of this law by women, others raise concerns over the rights and safety of victim women. While... Continue Reading →

Putting Carts Before Horses. And How?

This post was first published by on April 8, 2014. Imagine, living in India with a Parliament that makes laws, an executive that implements these laws and a court system that interprets these laws. Now, imagine Parliament making the following law: Right to regulate all Economic Activities Completely Act, 2014 Section 1. This Act... Continue Reading →

RTI Amendment: Questioning the largesse of retrospective laws.

On June 3, 2013, a full bench of the Central Information Commission (CIC) passed an order declaring six political parties to be public authorities[i], and consequently bringing them under the ambit of the Right to Information Act, 2005 (RTI/ Act). Not unexpectedly, the Centre was quick to react. The UPA and the opposition were quicker... Continue Reading →

The narrative of independent regulators

This post first appeared as an article on Bar and Bench on July 31, 2013. The original can be accessed here.   Those following important policy developments recently will notice numerous announcements proposing new “independent” regulators. Beginning with SEBI in the early 1990s, and TRAI in the late 90s, a number of independent regulators have... Continue Reading →

Ordinance Route

This article first appeared in Frontline on July 24, 2013, and can be accessed here.    In my article, I examine the true intent behind giving the executive the power to promulgate ordinances, and how the use of this power has been at complete variance from such original intent. The misuse of this power over... Continue Reading →

Electoral Reforms, Vol. I: Recent developments and issues

Crime and Punishment Parliament This post is the first installment in a series on electoral reforms. Last week was a blockbuster one for election law, bringing us not one, but two Supreme Court decisions with implications for convicted criminals, political candidates, legislators, and combinations thereof. On Thursday, the Supreme Court ruled that individuals lodged in... Continue Reading →

US v. Windsor: A Case for Same-Sex Marriages?

The US Supreme Court recently gave a landmark decision in US v. Windsor holding Section 3 of the Defense of Marriage Act, 1996 (DOMA), which defines “marriage” as excluding same-sex unions, unconstitutional. Here’s a quick summary of the judgment. The full 77-page judgment is available here. The decision also contains some lessons for the treatment... Continue Reading →

The narrative of judicial appointments

This post first appeared as an article on Bar and Bench on July 2, 2013, and can be accessed at their website here.  News reports have indicated the government’s plan to establish a judicial appointments commission (“JAC”) for the appointment of Supreme Court and High Court judges. If established, the body would not only mark a sharp change... Continue Reading →

Proposed CBI Reforms: Will the Central Bureau of Investigation remain a “caged parrot”?

The Central government recently set up a Group of Ministers to propose reforms and ensure the functional independence of the CBI. This came in the wake of the Supreme Court criticizing the government for its interference in the Coal blocks allocation scam. The Court had asked the government to "come out with a law to... Continue Reading →

SLPs and Supreme Court: Honest activism causing delays in justice

The recent judgement of the Supreme Court in the case of Mathai @ Joby v. George and Anr. ( highlights how (probably) well-meaning activism can in the larger scheme of things, cause greater harm to the system if not backed by well thought out systemic changes. The judgement concerned the frivolous filing of Special Leave... Continue Reading →

Indian Supreme Court: When Distance affects Visibility

Taking a break from my posts on China, I am summarising a fantastic article by Mr. Nick Robinson (Yale Law School South Asia Teaching and Research Fellow and a visiting fellow at the Centre for Policy Research, New Delhi) which appeared recently in Frontline magazine.  The article argues that the Supreme Court is not as populist... Continue Reading →

Courts, Judges and RTI

A brief glance at the assets of Supreme Court judges on- highlights two important points: 1. There is no mention of the value of the assets of judges on a specific date.  Information concerning assets is only useful if we are able to keep track of the increase/decrease in personal incomes over a period of... Continue Reading →

Judging our judges

Today's post is an article appearing in the Indian Express, concerning the condition of judges in our country: In defence of their lordships (Indian Express) GOPAL SANKARANARAYANAN Posted online: Wednesday, Jan 20, 2010 at 0250 hrs On September 1 2009, Neeraj Kishan Kaul stepped down as a judge of the Delhi High Court — a... Continue Reading →

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