Musings on India, the law, and policy
Posted in Uncategorized on Dec 6th, 2008
Justice KT Thomas in his speech has stated that the results of the Narco- analysis test cannot be considered as evidence before a court of law. He states that such tests are “inhuman and barbarian’’ and the evidence collected from this test could not be considered as full of truth. Wonder if this would have [...]
Posted in Constitution, Democracy, india, Rights, Rule of Law on Nov 17th, 2008
In December 2007, the Supreme Court deliberated upon the question as to whether conducting a narco-analysis test is constitutional and violative of fundamental rights guaranteed by the Constitution; the arguments were concluded in january and the judgment is not out yet. Its been more than 11 months since and what we have seen is an [...]
Posted in india on Nov 11th, 2008
I must confess and state that I am strongly against judicial activism and the prevalent attitude of the Court to frame law and make people and institutions subject to it. Protecting the rights of the individual and seeking to enforce them under writs of mandamus and ‘public interests litigations’ is one thing; but to totally [...]
Posted in Constitution, Human Rights, india, Rights on Nov 10th, 2008
On Nov. 7, a Supreme Court Bench comprising Justices Thakker & D.K. Jain held that an abortion by a woman without her husband’s consent will amount to mental cruelty and a ground for divorce. To quote the Hon’ble Bench, Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one [...]