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Tuesday, March 09, 2021

Sonakshi Awasthi

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Sonakshi Awasthi is a Sub-editor at Indian Express Delhi. Ex-lawyer, she now writes on women-related and legal issues. Follow her on Twitter.com/SonakshiAwasti

What are in-camera proceedings?
Wed, Nov 22, 2017

Simply put, ‘in-camera’ proceeding is a proceeding carried out in private, in the absence of the public and the press.

Does India need a national sex offenders registry? Read experts’ views
Tue, Nov 21, 2017

“In case of a man of privilege, they say the law is too harsh; if it’s a poor, homeless boy, then you want a SOR and if it’s a minor, you say the child is too young,” says Vani.

Indira Gandhi birth anniversary: What laws were secured from the judicial review during Emergency?
Tue, Nov 21, 2017

Before the 2007 judgment, the Ninth Schedule provided a protective shield to laws from the courts, especially during the Emergency. But now the Ninth schedule is open to judicial review.

Legal Weekly: Man acquitted after 21 years in jail; top judgments of the week
Sun, Nov 19, 2017

Legal Weekly is a compilation of landmark rulings passed by the Supreme Court and the High Courts of the country during the week. Read upon how Railways had to heavily compensate for an employee's weakened health during the job and how a caste cannot be changed post-marriage.

On Children’s Day, a debate if death penalty can check child sex abuse
Tue, Nov 14, 2017

“A 11-month-old baby was recently operated after being raped. What is the magic stick to change the mindset of individuals who commit such crimes? It’s fear. We need immediate relief. Within six months of the crime committed, award them with death penalty,” Maliwal told indianexpress.com.

Legal Weekly: Prosthetic limb granted by Court & preservation of vultures, Top Judgments of the Week
Sat, Nov 11, 2017

Legal Weekly is a compilation of landmark rulings passed by the Supreme Court and the High Courts of the country during the week. Read upon the court taking strict action on a stepfather who abused her daughter and how the court banned a drug to preserve vultures.

Legal Weekly: Impact of capital punishment on children of convicts and the victim; Top judgments of the week
Sat, Nov 04, 2017

“The sex maniacs are prowling in the society like wild wolves to quench their sinful bodily lust. They leave no stone un-turned. In this evil pursuit they even do not spare infants and children,” the Allahabad HC observed in the rape and murder of a 7-year-old.

What is sexual intent in sexual harassment? Here’s what courts have said
Fri, Nov 03, 2017

The two guests giving an analogy, reverted that they enjoyed playing cricket in the playground of Eden though the playground Eden did not allow them to play cricket at a time, while one played in the morning, another played in the evening.

These are the 7 states, 1 UT where a PIL wants Hindus to be declared as minorities
Wed, Nov 01, 2017

Acknowledging the religious and educational autonomy of minorities, the Constitution did not specify the minorities explicitly, until 1992 when a legislation was drawn for the welfare of minorities.

Unification of India apart, Vallabhbhai Patel also had a role in drafting the Constitution
Wed, Nov 01, 2017

"..It means something and it is there because, for two hundred years, attempts have been made by foreign rulers to keep them in groups apart with their customs and other things in order that the foreigners' rule may be smooth. The rulers did not want that there should be any change."

Is India ready for gender-neutral laws?
Wed, Oct 18, 2017

Speaking strongly in favour of gender-neutral laws, Constitutional lawyer and feminist intellectual Karuna Nundy points out, “vaginal intercourse has been kept legal and the anal intercourse has been criminalised.”

US mass shootings and gun control: Here’s how gun laws evolved in the country
Tue, Oct 10, 2017

“The average New Yorker who carries a pistol cannot hit anything with it. Sudden passion and ready pistols lead to homicides almost innumerable.” - New York Tribune 1866

Age of consent in Manipur was lower than the rest of India till 2012
Thu, Sep 28, 2017

"Women sleep outside the house to avoid the sleeping husband in the house," said Nonibala. Unaware of the concept of marital rape, many women do not know that forceful intercourse within a marriage constitutes a crime.

Before deciding on marital rape, the court will have to deal with ‘age of consent’; Here is why
Wed, Sep 20, 2017

Striking a direct conflict with the Prohibition of Child Marriage Act, IPC implies that a girl can get married at the age of 15, whereas definition of a child under the Child Marriage Act has been stated as 18.

Centre would do well to check NFHS data on marital rape to understand how serious it is
Fri, Sep 01, 2017

The Supreme Court's landmark judgment underlining privacy as a fundamental right last week generated hope in many for progressive verdicts especially in cases pertaining to homosexuality (Section 377) and marital rape (Section 375) pending in various courts.

CJI J S Khehar: Short tenure, but many landmark judgments
Sun, Aug 27, 2017

August 25 being his last day in office, Justice Khehar does not plan to wallow in the luxurious rest that the retirement has to offer said the CJI-Designate Misra at the SCBA organised ceremony.

Data privacy: Where is India when it comes to legislation?
Thu, Aug 24, 2017

Data protection in India is governed by loosely constructed provisions of the Information Technology Amended Act, 2008 (ITAA) under Sections 43-A and 72A of the Act. The effort to bring in a second legislation -- Personal Data Protection Bill -- governing data protection and privacy has been in the pipeline since 2006.

This is not the first time Indian courts have invalidated instant triple talaq
Tue, Aug 22, 2017

In 2007, the Delhi High Court added a clause where talaq-e-bidat or triple talaq would be considered as one revocable talaq in one of the cases. The principles to prove the validity of triple talaq remained the same as mentioned in several landmark cases.

Legal weekly: Right to practice religion, Rs. 10 lakhs to the HIV infected destitute rape survivor; Top judgments this week
Sat, Aug 19, 2017

Legal Weekly is a compilation of the landmark rulings passed by the Supreme Court and the High Courts of the country during the week. Read upon the fundamental right to practice religion and the struck down NDMC bye-laws.

Five bizarre British laws that ran well past their time in India
Fri, Aug 18, 2017

Under the Indian Motor Vehicles Act, 1914, disqualifications of inspectors had been effected based on absurd factors like flat feet, pigeon chests, hammer toes and knock knees.

These five Indian laws owe their origin to British, but are still in practice
Sat, Aug 11, 2018

Though 1200 archaic laws were scrapped in bulk, Indians are still following many obsolete laws that have been prevalent from the time of British colonial rule.

Legal Weekly: Play, sing Vande Mataram in schools; Guidelines issued to prevent Section 498A of IPC & more
Sat, Jul 29, 2017

Legal Weekly is a compilation of the landmark rulings passed by the Supreme Court and the High Courts of the country during the week.

Legal Weekly: Right to self-defence extended to protect minor from rape & Justice served to accused even after death
Sat, Jul 22, 2017

Legal Weekly is a compilation of the landmark rulings passed by the Supreme Court and the High Courts of the country during the week. Read upon right to self-defence extended to protect minor from rape by the Delhi high court & Justice served to accused even after death, followed by legal news about notice to the Centre for imposing GST on sanitary napkins every Saturday

Right to Privacy is not Fundamental Right: But these cases set a precedent for India
Mon, Jul 17, 2017

As early as 1954, the apex court observed in a ruling that right to privacy is not a recognised right listed under Article 19 of the Constitution and held that it would not be possible to import the right by 'strained construction'. But this did not bind the court to restrict the scope of Article 21 (right to life and personal liberty).

Legal Weekly: SC sets up a Constitutional Bench for Aadhaar matter, SC termed NHRC a ‘toothless tiger’ & more
Sat, Jul 15, 2017

Legal Weekly is a compilation of the landmark rulings passed by the Supreme Court and the High Courts of the country during the week. Read upon the relevant judgments and orders trending, followed by legal news every Saturday.

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