Chirag Balyan - Academia.edu (original) (raw)

Papers by Chirag Balyan

Thomas Reuters, 2020

In the chapter “Criminalizing Marital Rape in India” , authors have examined the issue of crimina... more In the chapter “Criminalizing Marital Rape in India” , authors have examined the issue of criminalisation of marital rape by evaluating various policy considerations which are identified as the dignity of an individual, sexual autonomy, institution of marriage and undesirable criminalization. The essay has also made an attempt to determine the judicial attitude in interpreting existing rape laws. Based on judicial attitude, policy considerations, existing legislative framework to deal with rape offences and definition of marital rape given by Justice Pardiwala it is suggested that the force rape, non-consensual unnatural offences etc. can be easily criminalised. However, as far as non-consensual sex is concerned it is desirable to criminalize the same.

The debate on the right of choice in cases of euthanasia and cryonics continues unabated. The Cou... more The debate on the right of choice in cases of euthanasia and cryonics continues unabated. The Court's in USA, UK and India have discussed on these issues but, have not come up with concrete findings on the same. Both these issues involve questions of the choice of life & death. In the case of RE JS Disposal, the judge of the UK High Court (Family Division) has perhaps shown a way out by respecting the choice of a 14 years girl and allowing her body to be cryonically preserved. With regard to euthanasia the options given by the courts are often conflicting. While the choice of active euthanasia has not been accepted but, passive euthanasia has been permitted in Indian Supreme Court in the case of Aruna Shanbaug. As science and technology progresses questions related to euthanasia and cryonics will be raised again and again. There is need for concretization of the policy relating to respecting to choices made by people as to how their bodies ought to be treated during the life and after the death.. In this paper, paradox of truth of death as well as faith in life in the interplay of cryonics and euthanasia in the choices people make and the policies and law State adopts, has been examined, in the light of contemporary developments.

The Narcotics Drugs and Psychotropic Substances Act, 1985, (NDPS Act, for brevity) has created st... more The Narcotics Drugs and Psychotropic Substances Act, 1985,
(NDPS Act, for brevity) has created strict liability offences.1 Section
37 of the Act provides that NDPS cases are cognizable and nonbailable.
A person who allegedly commits any offence under the
Act has to undergo incarceration till the end of a trial and chances
of getting out on a bail are meager. Arrest of a person who has
been falsely implicated or wrongly accused is therefore, a serious
curtailment onthe due process protection. Section 50 of the Act
therefore, provides a safeguard to the suspect person by allowing
to ask for a ‘personal search’ in presence of a magistrate or a
gazetted officer. The Constitution Bench of the Supreme Court of
India in cases of State of Punjab v.Baldev Singh2,and Vijay
SinghChandubhaJadejav. State of Gujarat3,has
replaced‘substantial compliance’ theory with the ‘strict or
complete compliance’, so that non-compliance means acquittal.
However, the scope of the term ‘personal search’ has been
liberally4 and literally5 interpreted by the Supreme Court. Those
having ‘restrictive approach’ which is also a commonly followed
approach in such cases argues that the personal search means ...

In a recent case, Re JS (Disposal of Body), United Kingdom High Court of Justice, Family Division... more In a recent case, Re JS (Disposal of Body), United Kingdom High
Court of Justice, Family Division rendered a path breaking
judgment by allowing a 14-year-old minor girl, suffering from
cancer, to be cryogenically preserved, as per her wish, after
death.1 The judgment opened up plethora of questions pertaining
to cryonics which range from issue of burial, rights of the dead,
rights after revival of dead and the legal consequences thereof. In
this paper an attempt has been made to understand the meaning
of cryonics, status and disposal of dead body, definition of death
and legal dynamics of cryogenic preservation in India & other
jurisdictions.

Th recent judgment of Uttarakhand High Court declared the river Ganga and Yamuna as the legal per... more Th recent judgment of Uttarakhand High Court declared the river Ganga and Yamuna as the legal person. This paper deals with the legal implications of declaring river as a legal person. It has been argued that declaring river as person is jurisprudentially incorrect as it leads to absurd result and further, it is not for courts to declare an entity as person.

Books by Chirag Balyan

The handbook on Investment Arbitration in India has been prepared by the team at the Centre for A... more The handbook on Investment Arbitration in India has been prepared by the team at the Centre for Arbitration and Research of Maharashtra National Law University Mumbai to create a reliable and accessible resource for the students, lawyers and practitioners. The handbook discusses the history, nature and fundamental concepts of investment arbitration. It also examines the investment arbitration cases involving India as a party, how investment arbitration awards are enforced in India and the recent debates and trends for the reforms in the investor-state dispute mechanisms. The handbook charts out various career options in this field.

Thomas Reuters, 2020