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Showing posts with the label Legal Reform

Between Protection and Punishment: Recalibrating Consent in Adolescent Law

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  By Abhishek Jat, Advocate A Fictional Case Study: When Law Meets Young Love Seventeen-year-old Aman and sixteen-year-old Priya, both from neighboring villages, found themselves at the center of a criminal case under the POCSO Act after Priya’s parents discovered their consensual relationship. Despite the absence of coercion or exploitation, Aman was arrested, and Priya was labeled a victim by law. Their story is not unique—across India, similar cases have raised questions about the proportionality of punishment under the POCSO Act in situations involving mutual adolescent consent. The Legal Issue: Is the POCSO Act Overreaching? The POCSO Act, 2012, was designed to provide robust protection for children against sexual offences. However, by criminalizing all sexual activity involving individuals under 18, the law makes no distinction between exploitative abuse and consensual adolescent relationships. This zero-tolerance approach has led to the prosecution of thousands of teenagers ...

Raising the Bar for the Bench: Supreme Court’s New Pathway for Aspiring Judges

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  Author: Abhishek Jat, Advocate The Supreme Court of India has made a decisive move to reshape how future judges are chosen for the lower judiciary. In a landmark ruling, the Court has mandated that anyone wishing to sit for the Civil Judge (Junior Division) exam must first gain at least three years of hands-on experience in the legal field. This shift signals a renewed emphasis on practical exposure as an essential qualification for those aiming to interpret and apply the law from the bench. This new rule is more than a procedural tweak—it’s a return to a system where real-world familiarity with legal practice is considered indispensable for judicial candidates. The Court’s rationale is clear: firsthand involvement in litigation or working closely with judges as a law clerk equips future judicial officers with a deeper, more realistic understanding of how law operates beyond textbooks. By requiring this period of professional immersion, the judiciary hopes to foster a generation ...

Supreme Court Takes Up Plea for Permanent CLAT Conducting Authority

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By Abhishek Jat, Advocate The Supreme Court of India has revived a significant discussion on the administration of the Common Law Admission Test (CLAT), following its decision to suo motu proceed with a writ petition originally filed in 2015 by the late Prof. Shamnad Basheer. This move comes amid considerable criticism regarding the conduct of CLAT-UG 2025, with the highest court in the country expressing serious concerns about the quality and reliability of the examination process. Case Details and Bench The matter, registered as Writ Petition (Civil) No. 600 of 2015, is being heard by a bench comprising Justice B.R. Gavai and Justice A.G. Masih. The bench is also considering related petitions challenging the results and administration of the CLAT-UG 2025 exam, which was conducted in December 2024. Supreme Court’s Observations During the recent hearings, the Supreme Court voiced its dissatisfaction with the manner in which the CLAT examination has been managed by the Consortium of Nat...

A Comprehensive Analysis of the Waqf (Amendment) Bill, 2025: Transforming Islamic Endowment Management in India

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  A Comprehensive Analysis of the Waqf (Amendment) Bill, 2025: Transforming Islamic Endowment Management in India Author: AbhishekJat, Advocate On April 3, 2025, the Lok Sabha passed the Waqf (Amendment) Bill, 2025, signaling one of the most significant overhauls of Islamic endowment management in India since the original Waqf Act of 1995. This legislation introduces far-reaching changes that touch nearly every aspect of waqf administration—from registration and governance to financial oversight and dispute resolution. Let's examine these changes in detail and consider their implications. Fundamental Rebranding and Conceptual Shift The amendment begins with a symbolic but meaningful change, renaming the law from the "Waqf Act" to the "Unified Waqf Management, Empowerment, Efficiency and Development Act." This shift reflects a conceptual reorientation toward modernization, unification of diverse practices, and a focus on developmental outcomes rather than...