Horizontal Applicability of Right to Privacy to the Whatsapp Data-Protection Debacle

By Sayan Dasgupta and Praneesha Nayyar WhatsApp is now seeing a mass exodus of users travelling to other Apps in light of an in-App notification mandating its users to accept the new privacy policy without any opt-out option. Non acceptance of the same would result in termination of services entirely. The revised privacy policy of...

From Media Trial Fare to Fair Trial: Balancing Arts. 19(1)(a) & 21

The common rule ‘Justice should not only be done, it should manifestly and undoubtedly be seen to be done,’ is imbibed in our Constitution through Article 21 which provides the right to a speedy, fair and open trial. This right is essential for the protection of the presumption of innocence until proven guilty for the...

Allahabad HC Order: Bolstering Transformative Constitutionalism

By Abhishek Mishra In a recent order in the case Safiya Sultana vs. State of Uttar Pradesh,  a single judge bench of the Allahabad High Court has ruled that the publication of notice by the Marriage Officer for inviting public objections upon the intended marriage under the Special Marriage Act, 1954 (‘Act’) can only be...

The Conundrum of Unreasonable Contempt

By Sugandha Yadav and Raghav Goyal "Whoever would overthrow the liberty of a Nation must begin by subduing the freeness of speech" - Benjamin Franklin. INTRODUCTION The conviction of advocate-activist Prashant Bhushan for criminal contempt of court under Section 2(c)(i) of The Contempt of Court Act, 1971, has placed the legal fraternity in a state...

Parliamentary Secretary: A White Elephant

By Vikramaditya Dewangan and Vinamra Shrivastava INTRODUCTION Chhattisgarh's Congress government appointed 15 MLAs of the party as Parliamentary Secretaries, each of them attached to a Cabinet Minister and the same was published in the State Gazette. While the BJP led opposition called the move unconstitutional, what can be called as a dramatic turn of events,...

‘Law for the time being in force’: The Promise of Perpetual Immunity

By Anumeha Smiti A Division bench of the Apex Court while deliberating over the jurisdiction of a Family Court to hear an application for maintenance instituted under section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 was divided in its decision. The non-obstante clause of section 20 of the Family Courts...

Can COVID-19 Justify Denial of Medical Treatment on the Basis of Place of Residence?

By Sanobar Faisal “The capital city is not just a part of India. It is miniaturized India… Anyone who lives inside India can never be considered an ‘outsider’ in Delhi.” The COVID-19 pandemic has exposed the pitiable state of public healthcare infrastructure in the country. Governments are trying to prioritize the life of Indians by...

Analysis of Bijoe Emmanuel vs. State of Kerala

By Geeta Kanwar Introduction Bijoe Emmanuel v State of Kerala, decided by a two-judge bench of the Supreme Court of India is a landmark judgment on the freedom of expression and religion. The appellants were the members of Jehovah’s witnesses who were expelled from the school on their refusal to sing the national anthem. The...

Shree Padmanabhaswamy Temple Case: A Battle of ‘Faith’ vs. ‘Rights’

By Raj Shekhar On 13th July 2020, every devotee’s, as well as Travancore royals’ eyes, were on the two-judge bench of the Supreme Court which was to deliver its judgment in the Padmanabhaswamy Temple case. For the former, it was a question of their faith and for the latter a battle for their rights. The case had been...

Right to Freedom of Religion: Sec. 28 of the Prevention of Cruelty to Animals Act Protected?

By Navya Bhandari and Pratham Pratap Mohanty Introduction Ever since the Constitution has come into force, there have been various conflicts between different sets of laws. With the combined efforts of activists and other like-minded people, the twenty-first century has ushered in us, a greater understanding of Animal Rights. And in a scenario where animals...