Phone Tapping Laws: A Critical Analysis

By Trishala Sanyal, A.K.K. New Law Academy, Pune.

Nira Radia, a famous political lobbyist was entrapped in the net of phone tapping by the Indian income tax department between the years 2008 to 2009. Her tapes included conversations with elite businessmen, journalists, politicians and many more famous figures of the society. In 2010 some parts of the recorded tapes were leaked which resulted in the unauthorized publication of these tapes. Ratan Tata, Chairman of the Tata Group was among one of those elites whose conversation was also included. Thus, after the tape was leaked he filed a writ petition in the Supreme Court standing for his right and claiming for an infringement against the violation of the right of privacy. It is the Fundamental Right which has been guaranteed to the every citizen of India. Section 21 of the Indian Constitution states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.”[1] Now the dubious situation arising here is there is no particular procedure which has been established for the tapping of phone. Although, there is no particular Act governing the crimes and offences related to phone tapping yet the regulations have been laid down in a very discreet manner in various national and international Acts. (more…)

Legal Battle of Greenpeace

By Trishala Sanyal, AKK New Law Academy.

Miss Priya Pillia is a Greenpeace activist holding a valid six months business visa to visit London. She was invited by the British Parliamentarians to address them on January 14, 2014 to talk about the ongoing campaign of Mahan, Madhya Pradesh where the proposed coal mining project by Essars a London based Company has been treating the local community to clear the forest and uproot them. Sadly, her noble motive was halted by the airport authorities when her passport was stamped OFFLOAD without any prudent clarification. She was told that she was banned from leaving India although she had no criminal convictions against her but her spirit was shaken off with the restrictions. She did address the Parliamentarians by Skype. (more…)

The Sony Hack: An insult to the Fundamental Rights?

By Nikhil Nair,Vivekananda Institute of Professional Studies, New Delhi.

Though the fundamental rights of the people are to be respected, there are a few who are always trying to sling mud on those very rights for their own gains, the recent Sony hackings being an example of that. This downright ridiculous curb of the very freedom of speech and expression on an international scale has left many fuming and the others fearing. The hackings have been directly or indirectly linked to North Korea. Although North Korea has denied all its allegations regarding the hacks, there are concrete reasons which links these hackings to the North Koreans and that it whole heartedly supported this tragic curb of fundamental rights of the many. The hacks made the movie lovers fuming as people protested against such a curb. Hollywood actor, George Clooney was among a few celebrities who came out in full support against the suspension of the movie. (more…)

St Xavier’s Case: A Critical Analysis

“The Constitution has been reared for immortality, if the work of man may justly aspire to such a title. It may, nevertheless, perish in an hour by the folly, or corruption, or negligence of its only keepers, The People.”

-Joseph story

The whole debate in the Constituent Assembly on Article 23 of the Draft Constitution which later assumed the shape of the present Article 29 and 30, revolve round this issue: what rights could or should be conceded to minorities? Indian constitution draftsman believed that in order to be a welfare state various fundamental rights should be endowed to citizens as to develop a sense of equality and unity and right to education is the best developer of these principles. (more…)