In this episode of the Law and Other Things podcast, Sannidhi speaks with Senior Advocate Arvind Datar on key constitutional battles before the Supreme Court. The conversation covers his victory in Madras Bar Association v. Union of India, the limits
Law and Other Things
Law and Other Things publishes articles and commentary focused on Indian constitutional law, public law, and legal practice. The blog addresses issues such as the constitutional implications of legislation, rights related to healthcare and end-of-life decisions, and procedural aspects of litigation in Indian courts. It also covers topics on equality, citizenship, and access to justice, including challenges faced by marginalized groups. The blog aims to provide insights into both doctrinal legal analysis and practical courtroom procedures, serving law students, practitioners, and those interested in the evolving legal landscape of India.
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Consent, Cohabitation, and Compensation: An Analysis of Non-Consensual Sexual Acts in Live-In Relationships
Summary: In Murti Devi & Anr. v Balkar Singh, the Jammu & Kashmir High Court denied maintenance to a woman in a live-in relationship after considering her male-partner’s conviction for the offence of rape. The court observed that claims for maintenance…
Branding the Complainant: Quashing, Punishment and Disbelief in a Rape Case
Summary: This article analyses a recent High Court order quashing a rape complaint and imposing punitive directions against the complainant. It examines how the Court departs from settled limits on quash jurisdiction, collapses investigative and evidentiary stages, and creates unequal…
Decoding The World Court’s Advisory Opinion on Climate Change and What it Means for Developing Countries like India
Summary: In this article, the author critically examines the recent advisory opinion of the International Court of Justice on state obligations concerning climate change, unpacking its doctrinal foundations and normative ambitions. The piece analyses how the Court interprets principles such…
Litigation 101 : Punjab and Haryana High Court practice and procedure
This new LAOT series seeks to demystify High Court procedure for young lawyers, litigants, and law students entering the profession. Through court-specific installments focused on different High Courts, the series aims to bridge the gap between written procedural rules and…
The Pitfalls of Discretion: Scrutinising Maintenance under Section 25 of the Hindu Marriage Act
The scheme of maintenance (permanent alimony) codified under Section 25 of the Hindu Marriage Act, 1955 (“HMA”) continues to operate within a strict paradigm of conduct-based discretion rather than need-based entitlement. While recent jurisprudence, most notably Sukhdev Singh v. Sukhbir…
Litigation 101 : Karnataka HC practice and procedure
This new LAOT series seeks to demystify High Court procedure for young lawyers, litigants, and law students entering the profession. Through court-specific installments focused on different High Courts, the series aims to bridge the gap between written procedural rules and…
The Emotional Life of the Constitution: An Affect-Sensitive Reading of the Karnataka Hijab Ban Case
Summary: In this article, I explore how emotions such as fear and empathy underlie judicial opinions in Aishat Shifa v. The State of Karnataka using Sara Ahmed’s theory of “affective economies.” By contrasting Justice Gupta’s ‘feared secularism’ rooted in uniformity and…
Equity and Dignity at Work: The Jane Kaushik Judgment and Transgender Employment Rights
This blog examines the significance of the case of Jane Kaushik v. Union of India for advancing transgender employment rights in India.
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Applying the AMU Doctrine The Case for Minority Status of the Vaishno Devi Medical Institute
This blog examines whether ‘Shri Mata Vaishno Devi Institute of Medical Excellence’ qualifies as a minority institution under Article 30 in light of the Supreme Court’s AMU judgment. Applying the indicia test of establishment, purpose, funding and control, it argues…