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Showing posts from December, 2017

Bill To Criminalise Triple Talaq Passed In Lok Sabha

To begin with, it needs no rocket scientist to conclude that the reprehensible practice of instant triple talaq is just a step away from becoming a punishable offence after the Lok Sabha on December 28 passed this historic Bill by voice vote. The Bill expressly stipulates a jail sentence of up to three years for the guilty husband. The Bill draft says that, “Any pronouncement of talaq by a person upon his wife, by words either spoken or written or in electronic form or in any other manner whatsoever shall be void and illegal.” The Bill makes the declaration of instant triple talaq a cognizable and non-bailable offence. Without a doubt, the Centre by making instant triple talaq or talaq-e-biddat a punishable offence has given a big boon to all those Muslim women who get adversely affected by it and suffer for no fault of theirs!                                            But the endless woes of women just don’t end by this only! Polygamy or permission given under Muslim man to marry up …

In A First Junior Advocates To Get Rs 3000 Per Month Stipend

Coming straight to the crux of the matter, let me begin at the beginning itself by first and foremost pointing out that in what could be considered as a very great landmark step taken for the benefit of fresh law graduates who just step into the legal profession as a lawyer, the Puducherry government has announced a stipend of Rs 3,000 per month for junior advocates for a period of three years or till they start practicing independently, whichever is earlier. This shall certainly bring a big smile in the face of all those who stand to gain by this landmark step. It is a truly laudable step which has to be appreciated for giving young lawyers the stipend of Rs 3000 per month so that they don’t have to look to their parents for financial help and undoubtedly this shall boost their self-confidence to a big level!                                      It merits no reiteration that every government of every state must emulate what a Union Territory which is not even a state has chosen to do!…

Insult Of Jadhav’s Family Is Insult Of India

Coming straight to the key point, I fully agree with senior and eminent Congress leader Ghulam Nabi Azad that, “Insult of Jadhav’s family is insult of more than 130 crore Indians”. The moot question is: Why do our leaders of all parties speak strong language against Pakistan but never take any tough action against them? How long we will keep drinking poison like Lord Shiv and keep tolerating everything cheerfully? We are not Lord Shiv nor can we ever dare to even dream to become like him! Also, we should not forget that Lord Shiv certainly drank poison but he never tolerated insult and had not spared even the father of his consort Parvati when he insulted him publicly!                                            But leaders of India are crossing all tolerable limits. They may shout against Pakistan, they may scream against Pakistan, they may demand terming Pakistan as Aatankistan as they did just recently in UN but when it comes to taking action themselves directly on the ground, they a…

Govt Mulls Lifer For Repeat Offenders For Human Trafficking

Coming straight to the key issue, it is a matter of great satisfaction to learn that the government is now all set to introduce a new law to guard against human trafficking. It has proposed a 10-year punishment for those engaging in “aggravated forms of trafficking” while seeking life imprisonment for repeat offenders. Trafficking any person just for the sake of earning extra cash and thus ruining the entire life of that person  is a completely unpardonable offence which must invite the strictest of punishment. Even death penalty will not be too harsh and must be used as long as this death penalty itself is not abolished!                                          To be sure, this landmark Bill which has been proposed to identify various forms of trafficking, including for the purposes of bonded labour, sexual exploitation, pornography, removal of organs and begging, has proposed severe punishment for those engaging in the heinous crime. Very rightly so! No leniency is warranted under an…

BCI Mulls Ban On Practice By Lawmakers

Coming straight to the nub of the crucial matter, let me begin at the very beginning by first and foremost pointing out that it has been very rightly demanded by some eminent lawyers, activists and leaders in a letter written to the Bar Council of India (BCI) that those lawyers who become MPs and MLAs should be stopped from practising. The main ground on which they are demanding that the MPs and MLAs should be stopped from practicing is that they are drawing salary just like in any other profession. Then why should they be allowed to practice?                                  More specifically, let me reveal here that a prominent BJP leader has requested the Bar Council of India to debar MPs and MLAs from practicing as advocates, saying that it was against the spirit of BCI rules which require advocates not to be engaged in any full-time trade, business, occupation or profession. There can be no denying or disputing it! The earlier this is done, the better it shall be in the long term …

Why Should Adultery Be Treated As Crime?

It is most astonishing to see that the colonial era law of adultery made in Britishers era is still flourishing with no real change being made in it. Many feel that women should also be punished as now she too stands on par with women, gets educated in best of institutions and gets the best of job and yet has no qualms  at all to indulge in adultery. They point out that in Jammu and Kashmir also both men and women are equally punishable then why not the same be applied all over India?                                         To say the least, this is ridiculous argument and in the era of globalization we too must flow with the wind and appreciate that if something wrong is happening in Jammu and Kashmir then by the same token that cannot be extended to all other states as well! Two wrongs cannot make a right and where it is written that if once a wrong is done then it can’t be corrected? The adultery law in Jammu and Kashmir also must be amended to meet the present circumstances!
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Lawyers Lead The Health & Wellness Vacation Trend

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A new trend that can be observed is more and more people, and especially lawyers in seems, are packing their bags and heading for healthy holidays instead of the usual binge vacations where more beer is drank than water. This new trend can be observed by the number of fitness and weight loss retreats like this great one and many more in Bali, Thailand, India, and even in places like Mexico. They are capitalising on the fact that health and wellness is now the commonly held value of the majority of the population. It is especially clear in the educated populous, which is likely why we are seeing so many lawyers attending!

 In India there is an upward trend of both people attending this style of health holiday, and also new locations in tourist destinations such as Goa and Kerala where they are setting up new retreats to cater for the masses who wish to heal and lose weight. The one we attended in Bali was absolutely fantastic. It was compiled in three parts including a full detoxific…

SC Dumps Draconian PMLA Clause Denying Bail

In a major relief to thousands of undertrials, the Supreme Court on November 23, 2017 very rightly struck down a draconian provision which can deny a person bail even if there is reasonable ground to believe that he or she did not commit the offence of money laundering. We are living in a democratic country in which every person has the right to live a free life. The State has no right to deny any person the right to live a free life on the slightest pretext just on the suspicion of having committed the offence of money laundering.                                               Noting that the history of bail practices traces back to the Magna Carta, the Apex Court declared the draconian Section 45(1) of the Prevention of Money Laundering Act (PMLA) of 2002 violative of the fundamental rights to equality, life and personal liberty guaranteed under the Constitution. How can then it be allowed to continue? This alone explains why Supreme Court has very rightly dumped the draconian Section…