On December 23, 2011, in a criminal case filed by Vinay Rai, editor of a Delhi-based Urdu daily called Akbari , the Metropolitan Magistrate, Patiala House, directed the Ministry of External Affairs to have summons served on over 21 websites based abroad on the grounds that offences of sale of obscene books and obscene objects to young persons and criminal conspiracy could be made out against these sites under sections...

In the past week the media has been reporting that the SIT has filed a closure report that gives a “clean chit” to Gujarat Chief Minister Narendra Modi on the grounds that there is no prosecutable evidence against him. However, Tehelka has now scooped amicus curiae Raju Ramachandran’s explosive confidential report that had told the Supreme Court that Modi should be chargesheeted and prosecuted for serious criminal offences like promoting religious...

Bench says it runs counter to constitutional law and ultra vires Constitution The Supreme Court on Wednesday declared unconstitutional Section 27 (3) of the Arms Act, which provides for mandatory death sentence to an accused charged with an offence under this provision. Section 27(3) says: “Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of Section 7 and such use or act results in the death of...

The government’s recent actions in notifying the Intermediary Guidelines for the internet with minimal public debate have resulted in the creation of a legal system that raises as many problems as it solves. The regulations as presently notified are arguably unconstitutional, arbitrary and vague and could pose a serious problem to the business of various intermediaries in the country (not to mention hampering internet penetration in the country) and also...

In a move aimed to protect victims of sexual abuse from further mental trauma, a high powered government committee has recommended abolishing the "two finger test" for determining rape or sexual assault. Rape survivors are routinely subjected to forensic examination that include the "finger" test. Social activists have for long been demanding a ban on the "archaic and outdated" practice. They termed the test "unscientific and degrading". In a bid to protect...