Saturday, January 11, 2025
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Columns

A Double-edged Sword?

The Gauhati HC’s anticipatory bail to nine men accused under POCSO shows there is no presumption of sexual assault in every case of child marriage. Most are consensual and need to be handled with care.

To Judge or Not to Judge

Post-retirement sinecure may displease a section of politicians, but every colour of political party has been complicit in somewhat manipulating a small section of the judiciary to its own narrow end. Only drastic changes can make this go away.

Security, Lawlessness and Summary Injustice

The Bombay HC slammed the tendency by district judiciary to rubber stamp bail orders as they lacked reasoned elaboration. But the culture of summary justice is widely prevalent. Can algorithmic justice help? Or would it be regarded as deficient in due process?

State of Same Sex Unions

Apart from hostility from the public regarding same sex marriages, the other big hurdles in granting marriage status to same sex couples will come while defining laws of adoption, guardianship and succession for them.

Lifting the Veil

The abolishment of Iran’s morality police shows the difference between legal and moral duties. While law is a set of rules whose violations are punishable, moral laws have no legislative sanctions.

No Capex for Humanity

Infra capital expenditure in the Union budget has had tongues wagging, but the problem lies in the lack of understanding how poor India’s poor really are.

Spousal Storm

The Delhi High Court recently said a husband cannot invoke provisions of the Domestic Violence Act against his wife. The law specifies it can be only invoked by women against their male partners.

Turbulent Waters

India’s recent bombshell to Pakistan seeking “modification” of the Treaty is linked to the Uri terror attack of September 2016 and the neighbour’s persistent obstinacy against legitimate Indian interests.

Justice League

There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences.

Why judicial discretion in bail?

By Amit Subhash Dubey The purpose of bail is to allow the accused person to be released from custody while they await trial so that they can continue to live their life and prepare for their defe...

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