As the saying goes, 'knowledge is power, information is liberating.' I am Prerana Saraf, an Advocate from Bangalore. I started Legal Parley to bring to you a facile understanding of the social issues that India and the world at large faces in the light of the existing laws. In the process, it aims to enable people to comprehend situations better, thus spreading legal awareness.
Introduction to the Law on Adultery in India Meaning and History: Adultery is derived from the Latin word ‘adulterare’, wherein ‘ad’ means ‘to or towards’ and ‘alter’ means ‘to change something, make different in some way’. For the purpose of better understanding, adultery means consensual sexual intercourse during the subsistence of the marriage between one spouse and a person of the opposite sex, not the…
Divorce Case: Mrs. Christine Lazarus Menezes v. Mr. Lazarus Peter Menezes A case of Irretrievable Breakdown of Marriage and mental cruelty by wife in the form of false allegations against the husband Facts: The husband and wife were married as per Christian rites on 28/12/1987. They had two daughters. In 2005, husband filed a petition for divorce on the grounds of cruelty and desertion. He…
Introduction to Juvenile Justice Act: This post has been written by Aarohi Mikkilineni, student at New Law College, Bharati Vidyapeeth Deemed University, Pune. The Juvenile Justice (Care and Protection of Children) Act, 2015 came into existence after the 2000 Act was repealed keeping in consideration the rise in Crime Rates (With Reference to NCRB Data it can be noted that in 2004 the incidence of Cognizable…
Hi All, I have posted my latest article on Soumya Murder Case and Justice Katju’s criticism of the Supreme Court’s decision acquitting the accused of murder charges on Practical Academy. The blog post can be accessed HERE. The Article has a detailed analysis of the facts of the case Govindswamy v. State of Kerala, the arguments put forth by the state and the defence attorney, and the decision…
What is Sedition? “Graver the offence, greater should be the care taken so that the liberty of a citizen is not lightly interfered with.” – Supreme Court In order to understand the meaning of sedition, one needs to look into Section 124A of the Indian Penal Code, 1860. It states “Whoever, by words, either spoken or written, or by signs, or by visible representation, or…
New Anti-Human Trafficking Bill passed by Maneka Gandhi, Women and Child Development Minister ‘Slavery still happening today in the form of Human Trafficking’ India has finally unveiled first ever-comprehensive anti-human trafficking law bill on 30th May, 2016. The Bill is titled Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016. The Minister of Women and Child Development, Maneka Gandhi spoke on the occasion stating that…
Self Defence: ‘When a man is penalised for honesty, he learns to lie.’ – Criss Jami, Salome Times of India report on expansion of scope of right to self defence: On June 16, 2016, Times of India had a front page headline stating that Supreme Court has expanded the scope of right to self defence. According to the report, the division bench comprising of Justices…
Cash for Votes instances have called for an amendment in the Representation of People’s Act, 1951 (RPA) “If voting made any difference they wouldn’t let us do it.” – Mark Twain Cash for Votes Row in Karnataka Proving Mark Twain right, a recent sting operation shows Karnataka MLAs demanding crores of rupees to support a member in the Rajya Sabha election to be held on…
Marital Rape: ‘Laws on marital rape cannot be “suitably applied in the Indian context due to various factors like level of education/illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society to treat the marriage as a sacrament, etc.” Remember when Women and Child Development Minister, Maneka Gandhi had written this to the Rajya Sabha when asked about plans to criminalise marital…
It is important to know about the Lokayukta before we discuss about Anti-Corruption Bureau. Lokayukta: Karnataka was the first state that established the anti-corruption watchdog, the Lokayukta in 1984 under the Karnataka Lokayukta Act. The concept was borrowed from the model existing in Scandinavian block of countries that are considered as some of the least corrupt countries. In its term of 32 years, Lokayukta has been…
