Asylum And Human Rights: Non-Refoulment, The Right To Life And Prohibition Of Ill-Treatment

“Protecting the refugees' rights and dignity is not an option; it is a moral and legal obligation. We must ensure that every refugee is treated with the respect and humanity they deserve.”[1] Imagine a person reading this article, only to be abruptly jolted by the sounds of gunfire and explosions in the very neighborhood he called home. Along with his wife and son, he is forced to flee, leaving behind all their possessions—without clothes, money, food, or any resources. They are...

Rebooting Justice: Technology As A Catalyst For Change In The Legal System

The Indian legal system plays a vital role in ensuring justice, but it's facing serious problems that make it hard for people to trust and access it. One of the biggest issues is the enormous backlog of cases. As of 2024, about 3.5 million cases are still stuck in the courts, waiting to be resolved. This backlog has built up over time because there simply aren't enough judges, and the legal process is slow and often complicated. These delays hit poorer and marginalized communities the hardest,...

Setting The Clock: Proposing A Limitation Period For An Application To Appoint Arbitrators

Arbitration is designed to be a fast and efficient alternative to litigation, offering a streamlined way to resolve disputes. Yet, this process can be stalled if parties cannot agree on appointing arbitrators. In such cases, the aggrieved party can file an application under Section11(6) of the Arbitration and Conciliation Act, 1996 (“the Act”) before the relevant Court to appoint arbitrators, ensuring proceedings are not unduly delayed. This paper analyses the question: “How long can the...

A Study On Inherent Power Of NCLT To Recall CIRP

The purpose of Courts is to dispense justice which necessarily means both timely justice and quality justice. The interest of every party has to be taken care of by the court. However, at certain times procedural errors might take place, that need to be rectified, otherwise the whole proceeding will get vitiated.[1] For so doing, it becomes necessary that every court has the power to rectify the wrongs done in the misbelief of facts. These powers are also needed in such situations where...

From Critique To Construct: The Role Of A Shadow Cabinet In India's Future

In July, former Odisha Chief Minister Naveen Patnaik, now the state's Leader of Opposition, drew up a shadow cabinet to scrutinise and take on the ruling BJP and its Chief Minister Mohan Majhi. The term Shadow Cabinet, despite its significant role in parliamentary systems, has not garnered extensive scholarly attention.What is a shadow cabinet?The term Shadow Cabinet means an alternative cabinet, one formed with the aim of monitoring government decisions and being ready to step into government...

Cognitive Enhancement Drugs In Academic And Professional Settings: Legal And Ethical Considerations

In a world where the boundaries between human and machine blur with each passing day, a new frontier of human enhancement has emerged, not in the realm of cybernetics or genetic engineering, but in the form of tiny pills promising to unlock the full potential of our minds. Welcome to the era of cognitive enhancement drugs, where the pursuit of mental superiority has become the latest battleground in academic halls and corporate boardrooms alike.The Allure and Efficacy of Smart DrugsImagine a...

Double Jeopardy In India: Incomplete And Inconsistent?

The rule of double jeopardy has a plethora of definitions attached to it and finds its roots in the English Common Law rule of 'Nemo Debet Vis Vexari', meaning “a man must not be put in peril twice for the same offence”, essentially aiming to prevent a person from being punished twice for the same offence. This rule some may say is devoid of origin due to its multiplicity of roots and citations in legal history. It is said to have always existed as if it were part of the natural law...

Freedom Of Speech V. Disabling Humor: Navigating Disability Portrayal In Media And Beyond

“Meri ek taang nakli hai….main hockey ka ek acha Khiladi thaa…..” this monologue from the 2007 movie 'Welcome' invited hysterical laughter during that time. Even today it is considered comic relief by many who continue to use this as a meme template. But as time passes and the audience begins to mature a slow realization is beginning to sink in about its problematic nature. This is not the only example and probably not even the last. From Lucky's speech disability in the Golmal series to...

Patent Illegality As A Ground Of Judicial Intervention In Arbitration

An arrangement between parties wherein one or more arbitrators settle disagreements and render legally binding rulings is known as arbitration [1]. It provides the parties with a private dispute resolution process as an alternative to the tiresome and drawn-out legal procedure. Steps have been taken at both the national and international levels to preserve arbitration's independence as a dispute resolution process by reducing the amount of judicial review of arbitration rulings. The ...

An In-Depth Analysis Of Public Examinations (Prevention Of Unfair Means) Act, 2024

On 21st June Union government announced the enforcement of the Public Examination (Prevention of Unfair Means ) Act, 2024 by releasing a statement: “In exercise of the powers conferred by sub-section (2) of Section 1 of the Public Examinations (Prevention of Unfair Means) Act, 2024 (1 of 2024), the Central Government hereby appoints the 21st day of June 2024, as the date on which the provisions of the said Act shall come into force.” This act was passed by Parliament on 9th of February...

Introduction Of BNSS: A Step Forward Or Backward

The three new criminal laws introduced in the 'Amritkal' of Indian democracy have sparked both, a sense of apprehension as well as preparedness in the legal community. It has sparked debate among the legal and civil rights activists over certain “retrograde provisions” as well as certain “ambiguous provisions”. This article examines the intricacies of the newly introduced criminal procedural law and underscores the impact of the modifications introduced under it. The new laws bring...

Addressing Applicability Of Consumer Protection Act On Advocates

Customers' interests are protected in India under the Consumer Protection Act, 1986 (“hereinafter referred to as “the act”). It creates consumer rights and offers a structure for consumer complaints to be resolved by establishing consumer forums and federal, state, and local courts. This law covers unfair commercial practices, product flaws, and inadequate services. Since its inception, there have been various professions and activities which have been in a grey area, regarding whether...