Rule of Law

Rape is aggression, domination, consent must be instant specific, not dictated by morality tests: Bombay High Court

In a landmark judgement delivered on May 6, Maksud Gaffur Sheikh v. State of Maharashtra, the Nagpur bench of the Bombay HC reaffirmed the legal sanctity of continuing and specific consent and rejected character assassination of survivors/victims in rape trials

Noise Pollution Ban: Unequal standards for diverse practices?

The recent Bombay High Court judgment (23rd January 2025) addresses the contentious issue of the use of loudspeakers at places of worship and their legal standing under Article 25 of the Constitution. The case was initiated following complaints by residents about persistent noise pollution caused by loudspeakers from religious institutions (masjids), particularly during early morning and late-night hours. The court examined whether such practices constituted an essential religious function or merely a cultural practice subject to regulation under existing noise pollution laws. The court ruled that loudspeakers are not an essential part of religious practice and directed the Maharashtra government and police to take strict action against violations of the Noise Pollution (Regulation and Control) Rules, 2000. This ruling aligns with past judicial pronouncements while also raising questions about unequal enforcement of noise regulations across different religious communities.

Rona Wilson and Sudhir Dhawale released: Seven years of injustice by a state that punishes dissent

Their freedom comes after years of judicial neglect and the systemic abuse of laws to silence opposition; highlights the weaponisation of anti-terror laws to crush dissent and derail justice.

Constitutional ideals vs. public order: SC delivers split verdict on Christian burial rights, fails to confront structural discrimination

While the immediate burial dispute is resolved, the Court’s failure to address the discriminatory nature of segregated burial grounds reveals a reluctance to challenge systemic religious biases, leaving an unresolved question about the right to dignity and equal treatment in death

Sambhal Custodial Death: A systemic failure exposed

The tragic events in Sambhal, Uttar Pradesh, have once again spotlighted the issue of custodial deaths, communal tensions, and state accountability in India. This narrative meticulously examines the incidents, the aftermath, and their broader implications by analysing evidence and testimonials taken from all relevant sources, including media reports from main stream media, and ground-level observations by independent reporters.

Judicial acquittal vs. Citizen’s Fact-finding: A critical look

Examining procedural lapses, judicial interpretations, and investigative pre-conceptions in the Nanded blasts case

Bombay High Court directs filing of a First Information Report (FIR) against the 5 cops held responsible for death of accused in Badlapur Sexual...

Encounters in custody are shockingly common in India and can be said to be a result of the slow and dysfunctional judicial system of India. Often cases are seen to get delayed, evidence is destroyed or lost, witnesses turn hostile, and the defendants buy their freedom. But the response of the police by taking the law into their own hands is even more threatening for the judicial system in India. Encounters usually end with dead criminals and not at all scathed police, raising multiple questions as to the necessity of use of such force by the police.

Conflict of interest: M’tra cabinet grants Fadnavis sole authority, serving IAS man appointed as SEC

After the Maharashtra Cabinet granted CM Fadnavis sole authority to appoint the new SEC days ago, Dinesh Waghmare, a 1994-batch IAS officer, takes charge as SEC on January 21. Waghmare served as the Principal Secretary of Medical Education and Drugs department with additional charge of Employment Guarantee Scheme in Maharashtra and resigned only after this appointment, a development that raises serious questions of a conflict of interest: the SC in 2021 has held that SECs have to be "independent persons" not occupying a post under the Centre or state governments

Vacancies, Backlogs, and increased governmental involvement: How the RTI Act has lost its glory!

The recent Supreme Court judgement brings to attention the attempts made by the Centre over the past few years to dilute the powers of the one law that has the power to hold the Government accountable

Supreme Court: Does the Hindu Succession Act, 1956 apply to the Sawara tribe?

SC reiterates suggestions to Union Government to ensure and secure right of survivorship for female tribals

Eradicating Stigma: A Landmark Judgment on Manual Scavenging and Justice for Dalits

A judgment upholding dignity: Attempting, again, to end manual scavenging, and restoring justice for the most marginalised

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Rape is aggression, domination, consent must be instant specific, not dictated by morality tests: Bombay High Court

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