Freedom Of Creative Expression V. Popularity Test: A Constitutional Dissection

Recently, Janaki vs State of Kerala a Malayalam film starring Union Minister Suresh Gopi has faced an objection from Central Board of Film Certification (CBFC) for using the name 'Janaki' and producer was asked to change the name because the victim, named 'Janaki', is aggrieved by sexual assault. Janaki is the name of goddess Sita in Ramayana, thus carrying the emotional and...

Delivery Of An Arbitral Award- A Piece Of Legal Fiction

A Sole Arbitrator was appointed at Mumbai to adjudicate a dispute between the Claimant and the Respondent. He conducted the proceeding and prepared an Arbitral Award which was emailed to the Advocates for the parties. He awarded a hefty sum to the Claimant, much to the dismay of the Respondent.However, Section 31(5) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”)...

Fixing Rate: How FPBAI's Currency Markup Became A Competition Law Flashpoint

A quiet 3% markup added to foreign exchange rates may not raise eyebrows in financial circles. But when a national publishing federation prescribes this rate uniformly and when that rate aims to determine the cost of thousands of academic journals and books, it remains not just a matter of accounting, but of antitrust.In Pranav Gupta v. Federation of Publishers' and Booksellers' Association...

Custodial Death; A Unique Occurrence In India

In February 2025, the High Court of Justice in London, King's Bench Division, rejected the extradition of Sanjay Bhandari who was facing money laundering and tax evasion charges on the grounds that custodial torture was a 'Commonplace' and a widespread 'Epidemic' and extraditing him will cause a breach of his 'Human Rights'. The question now arises, whether this statement by King's Division...

Of Profits And People: A Legal Odyssey Between Shareholder Supremacy And Stakeholderism

Professor Joe Badaracco in the documentary titled 'The Corporation' puts forward the idea that a Corporation is composed of a group of individuals who work for a bouquet of goals, the leading one of which is to earn huge sustainable and lawful return for the proprietors. The Civil War coupled with the Industrial Revolution changed the magnitude at which these corporations operated....

Female Labour Force Participation In India

In an economy chasing global status, why are so many women still absent from its workforce?The answer lies in a legacy of colonial labour divisions, entrenched patriarchy, and cultural norms that still dictate gender roles. Even when women work, they're often confined to informal, underpaid jobs, with little autonomy over their income. Legal rights exist, but social expectations continue...

Key Issues With Transgender Persons (Protection Of Rights) Act, 2019

On 15th April 2014, India's Apex Court delivered a landmark judgment in NALSA v. Union of India (2014 INSC 275), interpreting Article 14 as gender-neutral and recognizing the legal status of transgender persons. The judgment introduced a transformative interpretation of Articles 14, 15, and 21, considering the ongoing socio-political and legal discussions surrounding transgender rights. The...

Declaratory Judgment Provisions In India And US: A Relief From Potential Patent Infringement?

Launching a new product or entering a new business area always raises valid concerns about possible infringements of third-party patent rights. To reduce this risk, companies conduct Freedom to Operate (FTO) studies, which can provide some assurance. However, the threat of legal action remains, especially when patents closely relate to a product or process.[1] It's important to note that an...

Safeguarding Individual Fundamental Rights Against Necessity For Prosecutorial Effectiveness In Law Enforcement

The Indian criminal justice system experiences ongoing challenges between protecting the fundamental rights of individuals against criminal procedure law enforcement efficiency in prosecutions, as Pankaj Bansal v. Union of India Case, which mandates written grounds for arrest for the accused, even though it has a retrospective effect. This matter came to focus once again in the Supreme Court in...

Guardianship In Limbo: India's Legal Silence On Patients In Comatose And Vegetative States

India's legal and policy landscape concerning disability rights has undergone significant transformation in recent years, most notably with the enactment of the Rights of Persons with Disabilities Act, 2016 (RPwD Act), which marked a shift from a medical to a social model of disability[1]. Aligned with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) 2006,...

Coercion By Design: The U.S. Strike On Iran And Strategic Silence Of International Law

On June 21, 2025, the United States conducted targeted airstrikes on nuclear facilities in Iran, including the Natanz and Arak sites. According to media reports, stealth B-2 bombers deployed bunker-busting munitions designed to cripple uranium enrichment infrastructure. U.S. and Israeli officials cited national security and non-proliferation concerns, while world leaders expressed deep...

BNSS-Possible Pleas By The Proposed Accused At The Pre-Cognizance Stage

Before taking cognizance of an offence, on a complaint filed on or after 01.07.2024, the Magistrate shall afford the accused an opportunity of being heard. Compliance with this requirement under the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS') is mandatory. In short, this is the substance of the decision rendered by...