The Role of Legal Service Authorities in Prisons
In order to ensure that the fundamental rights of prisoners are not violated, the role of legal services authorities is crucial. The importance of free legal aid has been emphasized…
The Origin of the word ‘Habitual Offender’ under Indian Laws
The classification of “habitual offender” emerged prior to the repeal of the Criminal Tribes Act. Several Provinces had enacted their habitual offender laws. The Madras Restriction of Habitual Offenders Act,…
Whether caste based division of labour/work is forced labour? – Supreme Court Answers
The question was answered by Supreme Court in the case of ‘Sukanya Shantha v. Union of India (2024)’, when the petitioner, Sukanya Shantha, a journalist, who wrote an article “From…
A Brief History of Pre-Colonial Era Caste-Based Oppression in India
The history of India has witnessed centuries of discrimination towards the oppressed castes. Violence, discrimination, oppression, hatred, contempt, and humiliation, towards these communities were the norm. The caste system entrenched…
Evolution of Constitutional Rights in India: Balancing Liberty, Equality, and Rejecting Colonial Laws
The Constitution reflects the vision of its founders to give India a collective future based on the values of liberty, equality, and fraternity. The Constitution mandates a more just and…
Minority members of housing societies cannot hold up redevelopment: Bombay High Court
Bombay High Court Diary Introduction A single bench of the Hon’ble Bombay High Court of Justice Arif S. Doctor was hearing a Commercial Arbitration Petition filed under Section 9 of…
Partial Specific Performance Under Section 12(3) of the Specific Relief Act, 1963
Understanding Section 12(3) Sub-section (3) of Section 12 of the Specific Relief Act, 1963 was enacted with a view to meet such eventualities when the whole of the contract cannot…
Section 479-A- Procedure in case of False Evidence
Section 479-A Section 479-A was incorporated into the Code of Criminal Procedure by Act 26 of 1955. That section reads: “479-A. Procedure in certain cases of false evidence. (1) Notwithstanding…
Modern Penology: Balancing Crime and Criminal for Effective Sentencing
The article is an edited excerpt from the Judgment of Justice Krishna Iyer. Modern penology regards crime and criminal as equally material when the right sentence has to be picked…
Scheduled Castes and the Scheduled Tribes Act- When an Offence is made out under the Act?
The Act was enacted to improve the social economic conditions of the vulnerable sections of the society as they have been subjected to various offences such as indignities, humiliations and…