Supreme Court judge, Justice P.S. Narasimha has stressed on the independence of judiciary, saying that an independent judiciary was the foundation pillar for the intertwining of democracy, Constitution and the rule of law.

Speaking during the Singhvi-Trinity-Cambridge Scholarship Award 2023, Justice Narasimha said that in order to have a thriving democracy in a country, it was important to uphold the independence of judiciary.

Noting that maintaining the rule of law was the bedrock of a thriving democracy, Justice Narasimha said the same would be diluted if the independence of the judiciary was not upheld. 

He said the independence of judiciary was interconnected through constitutionalism and the rule of law. They were both dependent on each other through the concept of separation of powers.

As per the Supreme Court judge, this separation of powers was the accepted principle on which any dynamic form of government existed. 

He said if the independence of judiciary was compromised, then the concept of government itself would come under threat. 

Justice Narasimha observed that only independent judges could act as oversight over the acts of the government.

He said the framers of Indian Constitution had anticipated the independence of judiciary as a post-colonial democratic concept. 

As per the Apex Court judge, a system which ignored either of the two concepts could not make much progress. 

Talking about the majority regime playing an instrumental role in the independence of judiciary, Justice Narasimha said that political theorists, jurists and thinkers have disagreed with this basic understanding of democracy. 

The jurist said that certain values and frameworks need to be followed in a society, which confirmed equal rights to all citizens. 

Calling the event as a confluence of knowledge and judicial independence, Senior Advocate Abhishek Manu Singhvi said that democracy was not just a system of governance, but a broader social commitment, which valued equality, fairness and justice.

A judiciary working in its independent capacity breathed life into these values, he added. 

As per Singhvi, an independent judiciary served as a neutral referee resolving conflicts, not based on the might of the parties but on the might of the law.

Calling an independent judiciary as the lifeblood of democracy, the Senior Advocate said it was essential for accountability and promoted transparency.

Besides guarding the fundamental rights, an independent judiciary upheld the principle of justice for all, he added.

The Singhvi-Trinity-Cambridge Scholarship Award 2023 has been awarded to Jai Chander Brunner of the Jindal Global Law School.

Brunner has completed his Undergraduate degree in Philosophy from the University of Chicago, after which he joined the Jindal Global Law School for a three-year LLB programme.

The award will enable him to pursue a Masters’ Degree Programme in Law at Trinity College, Cambridge.

British High Commissioner to India Alex Ellis and Deputy Director of the British Council in India Michael Houlgate were Guests of Honour at the event.

People from different fields such as politics, law and judiciary graced the occasion.

Those who attended the event included MPs P. Chidambaram, Sasmit Patra and Priyanka Chaturvedi; former SC judge Justice Arjan Sikri; Attorney General for India R. Venkataramani; Solicitor General Tushar Mehta; former External Minister Salman Khurshid and former MP and founding Chancellor of JGU Naveen Jindal. 

Besides, several senior judges of the Delhi High Court, a large number of Senior Advocates from the Supreme Court and Cyril Shroff attended the lecture. Advocate Avishkar Singhvi delivered the vote of thanks.

Foreign students can now apply online for Savitribai Phule University international affairs courses

Foreign students can now apply online for admission to courses in the Centre for International Affairs (formerly International Students Centre) at Savitribai Phule Pune University. This is for the academic year 2021-22. Please visit the site of the university http://www.unipune.ac.in/dept/international%20centre/default.htm for forms and other information. Online forms will be available till June 30. Prospective international students can submit hard copies of their documents between June 22 and July 31. The allotment of seats will be done on July 1.

The university has several programmes for international students including exchange programmes that students and other universities can avail of.

Symbiosis Law School competition

Another law institution in Pune, the Symbiosis Law School, will organise the sixth edition of the school’s International Criminal Trial Advocacy Competition, 2021 [SICTA] between May 7 and 9. This competition will be held virtually.

The theme for this year’s SICTA is: “Prosecution relating to state and judicial apparatus as an accessory towards the commission of International Crimes.” The competition will be open to students of the Bachelors (5-year course and 3-year course) and Masters Programmes of Law of any university. The participation has been limited to 24 teams, and slots will be booked on a first-come-first-serve basis.

Any law college/university/institute that wishes to participate may provisionally register by sending an email to symbiosis moot@symlaw.ac.in

Online LLM at Jindal Global Law School

The Jindal Global Law School (JGLS), ranked top in India by the QS World University Rankings by subject 2020 (Law) has announced the launch of India’s first and only online LLM (Master of Laws) degree in corporate & financial law in partnership with upGrad, India’s largest online higher education platform. This collaboration is a first of its kind, and a pioneering initiative in legal education.

The course is very specific, tailor-made for corporate lawyers who are interested in pursuing higher studies to specialise in one of the many areas of corporate and financial law.

Professor (Dr) C Raj Kumar, founding vice-chancellor, OP Jindal Global Uni­versity and founding dean, Jindal Global Law School, has been quoted in the university’s website, as saying: “This world class online LLM programme will foster teaching and research to provide a thorough knowledge of corporate and financial law to meet the challenges of the global economy, and to familiarise learners with the practice and procedures of the corporate legal world. Through the Online LLM programme, JGLS, in association with upGrad, will help learners gain a 360-degree perspective of the law and regulation governing corporations and the financial system in India and beyond.”

Read Also: Degree holders cannot be excluded from consideration for the post of Junior Engineer: Supreme Court sets aside Himachal Pradesh HC judgment

The website has also quoted Ronnie Screwvala, co-founder and executive chairman, upGrad, as saying: “upGrad so far has been known for cutting edge courses in the areas of Technology, Data & Management. Through our new partnership with OP Jindal Global University and Jindal Global Law School, we plan to foray into the area of Law programmes and create meaningful impact.”

Jindal Law School ranked No.1 in India, among the top in the world, by QS Survey

The Britain-based education information firm Quacquarelli Symonds (QS) has ranked the Jindal Global Law School (JGLS) of O.P. Jindal Global University in Sonipat, Haryana the No. 1 law school in India. Along with JGLS the National Law School of India University (NLSIU), Bengaluru, has also been ranked in the QS World University Subject Rankings 2020.  JGLS has been ranked in the 101-150 band amongst the world’s top law schools while NLSIU is in the QS 151-200 band. Criteria on which the universities were ranked include academic re­putation, employer reputation, H-Index and citations per paper.

QS Subject Ranking in Law measures the global relevance of institutions spe­cifically in the area of research in law along with combining reputation among the academic community and employers. Out of 894 law schools shortlisted only 300 were ranked by QS.

Patna High Court dismisses petition by CNLU student

A final-year student of the Chanakya National Law University (CNLU), Patna, filed a writ petition in the Patna High Court challenging an advertisement by the Bihar Public Service Commission for the post of assistant prosecution officer. The advertisement by BPSC inviting applications for the post said that only law graduates on the date of application were eligible to apply. However, the petitioners, who are final-year law students and would be graduates on the date of appointment, wanted to apply for the post.

The last date for application for the post was March 6 and the petitioners are due to take their final exams in April. Justice Madhuresh Prasad passed an order dismissing the writ petition and observed that “the petitioners have no enforceable claim as it is the admitted position that they have yet to obtain their qualification as Law Graduates”.

Environmental conclave at HPNLU

Himachal Pradesh National Law University (HPNLU), Shimla, is hosting an environment conclave on June 5, 2020. The Centre for Environment­al and Disaster Management of HPLNU is organising the one-day student conclave to bring together several eminent personalities in the field of environment law to give valuable insights to the young students who will put forth different perspectives and pertinent questions relating to contemporary issues in environmental law.

HPNLU has invited students enrolled in undergraduate and post-graduate programmes in any recognised institution across India. Students interested in submitting their papers should submit their original and un-publish­ed work on relevant topics by April 25.

First national client counseling competition at Amity

Amity University Maharashtra, Mumbai is hosting its first national client counselling and drafting competition from April 17 to 19. The competition is open to all students pursuing the LLB three year/ five year courses during the current academic year. Themes will be based on the laws related to domestic violence, land laws, contracts, copyright and law of tort. Participating teams can win cash prizes worth Rs 25000 with a one-month internship and free publication online. Last date to register is March 29.

NLUO invites papers for law journal special issue

The special edition of the law journal of National Law University Odisha (NLUO) on the theme of Election Laws aims to foster discussion on legal issues related to elections. This volume aims to extend its scope beyond the status quo, looking into the future of elections in India in a world of breakneck social, legal, political and technological development.
Submissions can be in the form of long articles, short notes, book reviews. The article/note/case-comment/book review may focus on any contemporary topic relating to election laws such as–representation of Anglo Indians in Parliament, post-poll alliances and constitutionality, election manifesto, electoral bonds and political funding, NOTA and its contemporary relevance, electoral justice and participation of under-represented groups, regulating election campaigning on social media/online platforms, application and analysis of the model code of conduct, transparency, disclosure of assets and nominations, electronic voting machines, role of civil society in electoral process and so on.

—Compiled by Nupur Dogra

Section 497 defines adultery as a crime committed by men when they have sexual intercourse with a married woman. It is not an offence when a woman has sexual intercourse with a married man. This anomaly in the law reflects our notions on women and sexuality

By Shivangi Sud

Consider this typical case study: Kiran and Alok first met when they were college students in Delhi. They got into high-profile corporate jobs and decided to marry. After Kiran had a baby, she decided to quit her job. She was 30 at the time. Alok was already a corporate honcho at a multi-national. Life seemed hunky dory. Suddenly, one day Kiran discovered that Alok was having an extra-marital affair with Shweta, one of his colleagues. Several months later, Kiran realized that Shweta had not been the only one. We know that Alok is guilty of having committed adultery. But what about the many Shewtas in his life—are they equally culpable?

The law can sometimes be curious, both in theory and practice. Section 497 of the Indian Penal Code, 1860, defines adultery as a crime committed by men when they have sexual intercourse with a married woman without her husband’s consent or connivance. “The law did not create any offense when a woman has sexual intercourse with a married man,” the Bombay High Court stated in Yusuf Abdul Aziz v. State of Bombay.

In the appeal to the Supreme Court, a constitution bench reiterated what was stated in Section 497 of the IPC that a wife cannot be punished as an abettor to the crime of adultery. The Supreme Court further laid down that adultery laws were not unconstitutional even though there are two partners to the crime (the wife and her partner) and only one (the male partner) gets eventually punished.

WOMEN OBJECTIFIED

While many perceive this as a factor in favor of women, they do not realize that this argument is premised on the objectification of women. “The woman has no role. She is not even considered. She is a commodity, either used by this man or that man. It is a fight between two men over the use of one man’s property,” Ranjana Kumari, Director of the Centre for Social Research, told India Legal.

In fact, while adultery laws may seem unfairly in favor of women, a closer look at its implications reveals that it does more harm to women than men. As per the theory and practice of adultery laws in India, only a man has the right to sue his wife’s “lover”, whereas the wife has no legal right to sue her husband’s “mistress”.

The underlying idea is that women are the private property of their husbands and any violation of such property by another man ought to be punished legally through criminal sanctions. On the contrary, women have no such property rights over their husbands. Adds Ranjana Kumari: “One of the most important implications of adultery laws in India is that they strengthen the male presence and power in marriages.”

The point is not that cheating wives don’t exist. They do and their husbands have the legal remedy to divorce them and even sue their partners. However, while Indian women retain the right to divorce their cheating husbands, they cannot sue their husband’s partners. Therefore, the Kiran of our representative story could only have divorced Alok, as she did in a long-drawn legal battle involving child custody, but could not have sued Shweta for knowingly being involved with Alok.

What if the tables were turned? What if Kiran was the one to have an extra-marital affair? Alok would have had the option of divorcing her as well as suing her extra-marital partner for committing adultery, which is a serious offense under Indian criminal law.

Section 497 of the IPC states that a man who has sexual intercourse with a woman whom he knows is married, is liable to be punished for adultery. While women have the civil remedy of divorce on grounds of adultery, it is a long-drawn and complex process.

Marriage and divorce in India are largely governed by personal laws, only a small proportion of which have been codified and enacted by the legislature. Many of these personal laws are gender-biased against women and grant them very narrow rights of divorce, sometimes excluding adultery as a valid ground for divorce. For instance, under Muslim personal law, a woman can divorce her husband if he falsely accuses her of   being unchaste or adulterous. Under the Dissolution of Muslim Marriages Act, 1939, a woman can divorce her husband if he associates with other women of ill-repute or leads an infamous life. Adultery, per se, is not a valid ground of divorce for women.

Wherever women have the right to seek divorce on grounds of adultery, they face the problem of having to prove it. Laments Kumari: “Whether under criminal or personal law, adultery is difficult to prove.”

OTHER WOMAN NOT PUNISHABLE

Why are the “other” women (the Shweta of our story) not punishable under Section 497 of the Indian Penal Code, 1860? Notes gender studies expert Dr Ashley Tellis, who is currently teaching at The Banyan Academy of Leadership in Mental Health, Tamil Nadu: “Indian law does not account for a desiring woman per se, let alone an adulterous woman.” In the eyes of law, the Indian woman is sexless and weak and, therefore, incapable of being adulterous. Therefore, it can never really be her fault!

This assumption about women’s sexuality is deeply problematic and sexist. Unfortunately, it is also a very common notion about women’s sexuality. It is this common perception about women’s desire (or rather the lack of it), among other misogynistic notions about women in general, that society uses to distinguish between the “good” and “bad” woman.

This attitude even belies censorship trends in India, as has been pointed out by Professor Ratna Kapur, visiting faculty at Jindal Global Law School, in her paper “Feminist Reflection on Speech and Censorship”. The “bad” women are those who are sexually active, who wear any kind of apparently “sexy” clothing, “who have had more boyfriends than you can count on the fingers of one hand”, and basically those who have any “sexual” desire. Whether it is slut-shaming, censorship of sexual speech, or adultery laws, the undercurrents are unmistakable. The good Indian woman has no desire, and therefore, cannot be willfully adulterous.

“There is a problem in the way we understand adultery. There should definitely be a gender-neutral law on adultery. Also, adultery needs to be redefined. As of now, we don’t consider women’s choices and control over their bodies. We don’t have that concept in our legal system”, says Kumari when asked whether she agrees with the idea of a gender-neutral law on adultery that brings women within its scope.

“Currently, women don’t matter as subjects of law in India”, says Tellis, emphasizing his view that women should be brought within the scope of adultery laws.

Lead illustration: Anthony Lawrence