Author VoxLegis

The author, Arvind P. Datar is a Senior Advocate of the Madras High Court.

Article 224A provides for the appointment of retired judges to serve the High Court as judges, even after their retirement.

In India, the freedom of speech has been guaranteed under Article 19(1)(a) of the Constitution of India, Act, 1950, which is in Part III of the Constitution devoted to Fundamental Rights.

“There are laws to protect the freedom of the press’s speech, but none that are worth anything to protect the people from the press.”

– Mark Twain.

They brought them into this world, then they took them from it.

Currently, the world presents a situation horrendously filled with brutality, slaughtering, and a
decided endeavour to annihilate very pillars of social order that sustain peace, tolerance,
harmony, and human dignity. The lives of millions of people around the world have been ruined
and such individuals are experiencing unbearable misery and witnessing ruthless devastation.

Criminal cases and investigations in recent times have witnessed the emergence of a new
investigative technique- the Narco-Analysis test. However, this technique comes with a bag of
legal and ethical questions- questions that have been debated for a long time now.
This article reviews the literature of the Narco-Analysis Test in India, how it violates
Constitutional Provisions and International Conventions, its scientific inaccuracy, and how it
tends to violate the rights of the accused against self-incrimination. Finally, this article seeks
to compare the constitutional standpoint of self-incrimination in the United States vis-à-vis
India.

“Some birds aren’t meant to be caged”

– Ellis Boyd “Red” Redding, The Shawshank Redemption (1994)

The time when the whole world was forced to stay isolated in their houses, similar to the movie
Contagion, the OTT (Over the Top) platforms experienced a spike in their rates of
subscription purchase. There was a robust increase in the viewership of OTT media platforms.

“The time when domestic violence is most fateful is when the person is trying to relinquish the situation.” INTRODUCTION  The woman is the nourishing and the supreme power of this universe, gifted with a power to create, nurture and transform,… Continue Reading →

INTRODUCTION Social media platforms are interactive computer-mediated technologies that facilitate the creation or sharing of information, ideas, career interests and other forms of expression via virtual communities and networks. An administrative establishment that has been adversely hit by social media… Continue Reading →

Introduction Sports has become a multi-billion dollar money-making industry that has extended to every part of the world. It involves a considerable number of human resources associated with it, hence, it is bound to have clashes, conflict of interests, disputes,… Continue Reading →

Climate change will not affect all individuals equally. Various factors will determine its impact on every one of us. Climate change may be seen as a gender-neutral issue, but it isn’t and neither are its solutions. Many cultural ideas, laws… Continue Reading →

“When the people fear the Government, there is tyranny, when the Government fears the people, there is liberty.”                                             … Continue Reading →

Abstract 

It has become the general trend of reporting sensational cases every day in the media to attract viewers/perusers and to get wide publicity. Sensational journalism is the truth of the media industry; for TRP, the media channels exhibit subtleties of the case, which addresses the standing and picture of the accused. The media will in general uncover an excessive number of sensitive details of a case in order to keep the audience entertained. At times these commentaries are trivial and hinder the process of a fair trial in numerous ways. The article examines how media depicts certain news to get publicity and what impact media have over its citizens.

Abstract

Registered Investment Advisors (RIA) who are registered with the Security Exchange Board of India (SEBI) has reported several problems like charges, their role, services, and the exorbitant fees which they charge from their investors. The Investment Regulation has been laid down to make a framework for investment advisors. Taking a step for numerous complaints filed against investment advisors, it has been addressed with the amendment made in July 2020. These amendments are necessary for the smooth and regulatory functioning of the entity. The main focus of this amendment has aimed for the interest of investors. Investors are the ones who are investing their money hence they must be given enough security on whatever they invest. The key regulatory changes on fee clause, net-worth clause, segregation of activities, and the agreement must be made between both the client and the investment advisor. The author in this article has given an overview of the amendment and the reason behind these changes and the positive and negative impacts of the same.

Abstract

Freedom of speech and expression is the personification of a democratic form of government. Over the years, Section 124A of the Indian Penal Code that deals with sedition has been debatable and dubious in the arena of freedom of speech and expression. The article not only provides entangled or contradicted views of Judiciary and Government, but also deals with the fact of misuse and misinterpretation of the cryptic law due to its archaic nature including the historical and present time torture against the accused. Moreover, it conveys an urgent need to follow the International guidelines with an ultimate aim to protect and strengthen democracy.  

Conspiracies inside of government, or the appearance of conspiracy, can be found within the annals of most countries.                            – Ryan Gingeras, How the Deep State Came to… Continue Reading →

Abstract

The word “Sedition” means action or expression that results in rebellion against the authority of the state. This law was enacted by the colonial government to curb people’s views on government and its ruling. Since then the Law of Sedition is defined under Section 124A of the Indian Penal Code. But the implementation of this law is in contravention of our freedom of speech and expression. Various governments have misinterpreted this section, and the views of citizens are used against them. Is this how a democratic country governs its citizens? Increase in violence and protests is not because the people are exercising their fundamental right to freedom of speech and expression unreasonably, instead, it’s because of lack public platforms provided by the government for its citizens to voice their opinions. In this article, the author has expressed his views regarding the constitutionality of the sedition law and has questioned whether mere criticism of the government amounts to sedition.  

Freedom of Speech and Expression lies in the foundation of our democracy. Any tool, used to deny it to us, no matter how pious its intention is, either needs to be scraped or needs to be amended. One such law is Contempt of Courts Act, 1971. Freedom of speech & expression includes the right of every citizen to criticize the court, the judiciary and its administration. On the other hand, courts to maintain their independence, use the power of contempt to punish one who lowers the dignity of the court or interferes with administration of justice. This precisely is the conflict between Freedom of speech and expression and contempt of court. Both freedom of speech and power of contempt are essential for a democracy as both are for the benefit of the public. Freedom of speech and freedom of press secures judicial onus whereas power of contempt maintains dignity of court. It is in this background that we will be discussing the position in other countries juxtaposed with India so that proper conclusion may be derived in this regard. To understand the imbalance lets recognize the concept of Contempt of Court.

The world is facing the highest refugee crises ever since World War II and the conditions have significantly worsened ever since. Millions of homeless people in search of food, shelter, and jobs are roaming in some other country and have a title of being ‘stateless”. These conditions raise questions on the governments of not just the origin countries but also on the host countries. A humanitarian approach is the only way in dealing with the refugee crises and every nation must keep this in mind while handling refugee crises.