National Law University Odisha
Disinformation and misinformation has been earmarked as a ‘global risk’, causing ‘information pollution’ that adversely impacts decision making and socio-economic and political stability. In light of this, Part – I of this Article aims to expplain the imperative and constitutionality of the Fact-Check Unit (FCU) under Rule 3(1)(b)(v) of the IT Rules, 2021, through a comparative study.
This article attempts to explore the growing trend of unconventional bail conditions in Indian courts, focusing on two key cases: Frank Vitus v. Narcotics Control Bureau and Faizal v. State of Madhya Pradesh. It analyzes the latter on the basis of principles of fairness, proportionality, and justice established in the former, urging the judiciary to re-evaluate its approach.
This article analyses the validity of consent given in euthanasia and Right to Die by discussing it through a philosophical and logical discourse. It also puts a spotlight on the lack of legislation and regulation on this regard, and analyses if Right to Die is a viable right.
Till date, marital rape is not considered a crime in India. Through the article, the Author aims to explain why the judiciary needs to urgently intervene and declare marital rape as unconstitutional. Taking the marital status of the perpetrator and the victim as a defence, the consent of a woman to sexual intercourse has been repeatedly de-prioritised by various High Courts in recent times. Further, the Author analyses some cases to show how consent cannot be easily detected, but a look into the totality of the circumstances helps determine the same. Lastly, the Author provides suggestions for dealing with marital rape as an offence.
The Supreme Court gave a landmark decision in the Delhi water crisis case. The Author attempts to decode certain aspects of the judgement, focusing on its directive to release Yamuna river water amid acute scarcity in the capital. It examines the legal intricacies surrounding the Court's jurisdiction, the implications for water management, and the dynamics of inter-state water disputes. Central to the discussion is the debate over whether the Court's intervention signifies judicial activism or exceeds its constitutional mandate. By analyzing these complexities, the Article underscores the judiciary's role in ensuring equitable outcomes and protecting fundamental rights in critical public interest matters.
The author in the article comments on a recent judgement of the Madras High Court (Sunitha v. Additional Chief Secretary) which has highlighted the callousness with which the state misuses preventive detention provisions in the law. Further, the article analyses the compensatory jurisprudence of the Court in constitutional tort cases and the need to develop a legislative framework for the same.
The authors in this piece argue that there is an emergence of trend by the Union Government of denying renewal of visas or out-rightly revoking visas of non-citizens without providing an opportunity of being heard, providing any reasoned order, or listing out substantial reasons for the same. The authors have also analysed the legal position under the Passports Act and provisions of the Indian Constitution guaranteeing fundamental rights in light of established judicial precedents to argue that the pattern is arbitrary and needs to be rectified.
This piece examines the Constitutional validity of the Criminal Procedure Identification Act of 2022 and argues that the Act is ultra vires on grounds of excessive delegation of powers. The author also argues that the Act poses serious concerns to privacy rights of people who have been either convicted or arrested under any law.
This piece revisits the 1981 case of Air India v. Nergesh Meerza and argues that while the final judgement upheld the Right to Equality in terms of employment for Air India hostesses, the judgment left a glaring error while narrowly interpreting the scope of Article 15 to only classify sex discrimination and not expressly recognizing gender discrimination.
The piece anatomizes and critiques the recent steps implemented by the Uttar Pradesh Police to curb the use or watching of pornography by implementing mechanisms which include tracking web-searches as well as storing private data. The author has analyzed these steps in light of Constitutional provisions and former judicial precedents to highlight that not only are these measures unconstitutional, but also go beyond the scope of permissible State action in stymieing individual autonomy of citizens.
The piece analyses the recent amendments to the Gujarat Freedom of Religion Act in light of Constitutional provisions and former judicial precedents to argue that the recent amendment transgresses private rights and individual autonomy.
The authors in this article analyse the debate surrounding the recognition of the domestic cohabitation between married and unmarried individuals by the Supreme Court of India and applicability of Article 21 to such a relationship.
Constitutional Law Society 