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Articles by Burt Phoenix

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Uniform Civil Code: Is it Required?

  Burt Phoenix    08 November 2016 at 16:17

On October 7, 2016, the Law Commission of India released a questionnaire for public opinion on the implementation of Uniform Civil Code (UCC) in India for all religions. They have asked for certain questions from the public. My thoughts on the subjec ..

Posted in Others  14 comments |   925 Views

No automatic arrest in 498A complaints

  Burt Phoenix    29 September 2015 at 12:15

In the recent landmark judgement by the Apex Court, it was directed that there should not be any automatic arrest for cases under section 498A of the IPC until provisions of Section 41 of Cr.PC are satisfied. Section 498A of the IPC was inserted in t ..

Posted in Others  11 comments |   4398 Views

Benefits of legalizing prostitution

  Burt Phoenix    25 September 2015 at 13:31

Recently there was a news article that a proposal was to be put before the Supreme Court Panel for legalization of prostitution. This has sparked a debate on legalization of the trade. Around 50 countries such as Austria, Belgium, Denmark, France, Ge ..

Posted in Others  17 comments |   3628 Views

To rape a minor or not, her choice!

  Burt Phoenix    24 September 2015 at 11:34

I came across this article titled, Woman booked for �raping� son�s teen pal, wherein it is stated that she spiked the minor boy�s drink and then raped him (oh! Sorry, rape is a wrong word here. She forced the minor boy to keep ..

Posted in Others  12 comments |   4243 Views

Can Domestic Violence be filed against Daughter-in-law?

  Burt Phoenix    22 September 2015 at 11:30

As per a HelpAge India report, daughter-in-law emerged as the major abuser of the elderly. Now abuse of a daughter-in-law is protected under various special laws of the country, whereas no such law is for the elderly. An interesting question arises, ..

Posted in Others  28 comments |   2856 Views

Audi Alteram Partem - No one should be condemned unheard

  Burt Phoenix    18 September 2015 at 12:23

Audi Alteram Partem in simple words means �hear the other side�. It is the most fundamental principle of Justice which states that no one ought to be judged without been given an opportunity to be heard. According to Fortescue J.[1], the ..

Posted in Others  3 comments |   1520 Views

Taking cognizance of third gender & their basic rights

  Burt Phoenix    17 September 2015 at 13:27

The UN had provided certain benefits for same-sex partners of UN staff and a resolution for opposing the benefits was promulgated which was supported by India. And it brings us back to LGBT rights and the infamous section 377 of IPC. On April 15, 201 ..

Posted in Others  2 comments |   848 Views

Positive discrimination for women

  Burt Phoenix    16 September 2015 at 11:11

As per Article 15(3) of the constitution of India a special enabling provision was made towards the upliftment of women � �Nothing in this article shall prevent the State from making any special provision for women and children�, th ..

Posted in Others  9 comments |   1576 Views

Sexual Harassment at Workplace Act

  Burt Phoenix    15 September 2015 at 12:48

The Protection of Women Against Sexual Harassment at Work Place Bill (Act) had been passed in the Rajya Sabha recently and has become a law. This Act deals with protecting women from harassment in workplace and providing a safe environment. Let us n ..

Posted in Others  3 comments |   1703 Views

Marriage Laws Amendment - Arguments in Media

  Burt Phoenix    01 December 2014 at 12:02

Recently there has been a spate of discussions in the media on the upcoming Irretrievable Breakdown of Marriage Law (IrBM) (Marriage Laws Amendment). Some important highlights of the proposed bill are � 1. Divorce can now be filed as a &lsq ..

Posted in Others  10 comments |   5846 Views

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