Archive for December 2018

Islamic Divorce Law and Women: Recent Judicial and Legislative Strides in India

The Qur’an gives specific guiding principles as to talaq or divorce. Talaq (Divorce) means “freeing or undoing of a knot”. As per the tenets of Islamic law, divorce can be classified into three categories. Talaq, khula and mubaraat. The first one, talaq, as understood plainly, is a means of divorce, at the instance of the husband (unilaterally). ‘Khula’, is another method of divorce, but at the instance of the wife. The third mode of divorce is ‘mubaraat’ – is divorce by mutual consent

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Contextualizing Children’s Right to Privacy in the Digital Cosmos

Technological changes have been transforming our lives. The digital universe has opened up a Pandora’s Box of myriad issues ranging from the beneficial to the detrimental ones. In fact it is believed that if the world’s growing digital matter is printed and collated into a book it would form a heap that would stretch from planet Earth to Pluto ten times.[1] However, concomitant to the technical ingenuity the intensity of […]

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Urdu poetry in Indian Judgments: Courting Pragmatism in Adjudication

“tere mathe pe ye anchal to bahuthi khuub hai lekin tu is anchal se ik parcham bana leti to achchha tha.” (Meaning: While the raiment covering your head is good, it would be better if you made a banner of it.) – Annie Nagaraja and Ors. vs. Union of India and Ors. [1] A Division Bench presided by Justice Kailash Gambhirand Justice Najmi Waziri, quoted the abovementioned couplet of the […]

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