The Legal Today

From Niyoga to IVF: The Evolution of Legal Parenthood from Ancient Indian Thought to Modern Family Law Introduction Few questions are as fundamental to family law as the question: Who is the parent of a child? At first glance, the answer appears obvious. The biological father and mother are the parents. Yet human societies have long recognized circumstances in which biological parentage, social parentage, and legal parentage do not necessarily coincide. The Mahabharata provides one of the most fascinating examples of this phenomenon through the stories of Pandu, Kunti, the Pandavas, and the ancient practice of niyoga. Thousands of years later, modern reproductive technologies such as IVF, donor conception, embryo donation, and surrogacy have revived many of the same fundamental questions. The technology has changed dramatically. The underlying question is not: “Is parenthood determined by biology, birth, intention, social relationship, or law?” An examination of niyoga alongside modern...

Top Policy Issues in India Requiring Legal Intervention August–September 2026 A. India’s legal and policy landscape has changed substantially since this article was first written in July 2025. Artificial intelligence governance, data-protection implementation, climate resilience, transgender equality, prison accountability, hate speech and electoral reform remain major areas in which lawyers can contribute through litigation, legislative drafting, compliance work and policy advocacy. 1. Artificial Intelligence, Deepfakes and Algorithmic Accountability AI-generated impersonation, financial fraud, non-consensual intimate imagery, political misinformation and synthetic audio-video evidence now pose serious legal and constitutional challenges. India is no longer limited to preliminary advisory papers. In November 2025, the Government unveiled the India AI Governance Guidelines, addressing matters such as transparency, accountability, risk management, data governance and responsible AI deve...

How to Build a Career Influencing Policy as a Lawyer 1. Master Constitutional and Administrative Law This is the backbone of policy litigation and advisory work. Deeply study constitutional provisions, administrative principles, and human rights law. Know landmark cases (like Kesavananda Bharati, Maneka Gandhi, Puttaswamy) by heart. Action: Take specialized courses or diplomas in constitutional/public law (national or international). Intern with senior advocates known for constitutional cases. 2. Develop a Policy and Legislative Mindset Policy influence isn’t just about winning court battles — it’s about understanding how laws are drafted, passed, and implemented. Study how ministries, law commissions, and think tanks operate. Learn legislative drafting (not just judgment writing). Action: Work on legislative analysis projects. Volunteer with think tanks like Vidhi Centre for Legal Policy, PRS Legislative Research, or NGOs. 3. Use Litigation Strategically (Not Emotionally) File PILs or...

How a Lawyer Can Influence Policy Decisions 1. Advising Governments Directly: Lawyers often become advisors to ministries or law commissions. They draft laws, suggest amendments, and structure legal frameworks. Example: Fali Nariman and K.K. Venugopal has advised the government on constitutional and international law issues. Path: Become legal advisors, standing counsels, members of law commissions. 2. Litigation Impact (Strategic PILs): Filing Public Interest Litigations (PILs) that force governments to make or change policies. Courts sometimes issue directions that governments must implement. Example: Vishaka Guidelines for sexual harassment → Supreme Court filled a legislative vacuum until Parliament made a law. MC Mehta cases → Led to massive environmental policies (like banning diesel vehicles, closing polluting industries). Path: Strategic constitutional and human rights litigation. 3. Drafting Private Member Bills Lawyers who become MPs (Members of Parliament) can draft Private ...

World-Class Daily Schedule for a Successful Lawyer   Balancing productivity, client needs, and personal well-being. A. 6:00 AM – 7:00 AM | Morning Routine   a. Wake up & hydrate: Start with water or lemon water.   b. Exercise: 30-45 minutes (yoga, running, or gym or even walking) to boost energy and focus.   c. Mindfulness: 10-15 minutes of meditation or journaling to set intentions.   d. Write something in person, in present tense about your fulfillment. B. 7:00 AM – 7:30 AM | Breakfast & Family Time   a. Nutrient-rich breakfast (e.g., oatmeal, eggs, avocado toast).   b. Connect with family or ask them a simple question “What's up today?”.   C. 7:30 AM – 8:00 AM | Strategic Planning   a. Review daily calendar, prioritize tasks (e.g., court deadlines, client meetings).   b. Update to-do list using tools like Asana or a legal planner or Google Calendar.   D. 8:00 AM – 8:3...

Legal Expenses: Definition, Components, and Key Considerations   A. Introduction  Legal expenses refer to the costs incurred in connection with legal services, disputes, or compliance with legal obligations. Legal expenses encompass all costs associated with obtaining legal services, navigating disputes, or complying with legal requirements. These expenses vary widely depending on the context, jurisdiction, and complexity of the matter. These expenses are multifaceted and context-dependent, as outlined in various legal documents and insurance policies. Below is a detailed breakdown: 1. Definition and Scope   Legal expenses are the costs incurred when engaging with the legal system, including fees for professionals (e.g., attorneys), court-related costs, and ancillary expenses (e.g., expert witnesses). Legal expenses encompass reasonable fees, costs, and disbursements related to legal matters, including: (i) Attorney fees: Charges for legal representation, invest...

Investigation  A. Introduction  In the context of court cases, "investigation" refers to the process of collecting facts and evidence to determine whether a crime has been committed, who is responsible, and what the circumstances are. It is usually the pre-trial phase in criminal cases and is essential for deciding whether charges should be filed and what should be presented in court. Investigation is important also in civil matters. Wherever the evidence is involved, investigation is important. B. Meaning of Investigation Investigation involves: Identifying suspects, Gathering evidence (documents, physical evidence, witness testimony), Recording statements, Forensic examination, Building a case to establish the truth of the matter. In criminal cases, investigations are usually conducted by the police or specialized agencies like the CBI, ED, etc. In civil cases, although there's no formal “investigation” like in criminal law, parties may collect evidence through tools li...

🦅 RG Legal Support Services Legal Support, Documentation, Research and Access-to-Justice Assistance By RG Legal Support Services ⚖️ IMPORTANT DISCLAIMER / VOLUNTARY ACCESS STATEMENT 1. This material is published only for general information, legal awareness, and description of lawful legal-support activities. It is not intended to be, and shall not be construed as, an advertisement, solicitation, invitation, inducement, or offer for professional legal work. 2. Advocates in India are governed by the Advocates Act, 1961, the Bar Council of India Rules, and the rules of professional conduct and etiquette. Nothing contained herein is intended to violate the Bar Council of India Rules, including the restrictions relating to advertising or solicitation by advocates. 3. Any person accessing this information shall be deemed to have done so voluntarily and of his/her/their own accord. The contents do not constitute legal advice, do not create an advocate-client relationship, and do not amount ...

Kompetenz-Kompetenz in India: The Autonomy of Arbitral Tribunals Under Section 16 of the Arbitration Act   A. Introduction  The principle of Kompetenz-Kompetenz (German for "competence-competence") is a cornerstone of modern arbitration law, empowering arbitral tribunals to independently determine their own jurisdiction. In India, this principle is enshrined in Section 16 of the Arbitration and Conciliation Act, 1996 (the "Act"), which grants tribunals the authority to rule on challenges to their jurisdiction, including objections to the existence or validity of the arbitration agreement. This doctrine minimizes judicial interference, ensuring that arbitration remains a swift and self-contained process. Let’s explore the scope of Section 16 and its interpretation through landmark judgments. B. The Legal Framework: Section 16   Section 16(1) explicitly states that an arbitral tribunal may rule on its own jurisdiction, including objections to:   1. The e...

Victimology: Understanding the Study of Victims and Their Experiences A.Introduction  Victimology is a sub-discipline of criminology that focuses on the study of victims, their experiences, and the psychological, social, and legal implications of victimization. It emerged as a distinct field in the mid-20th century, challenging the traditional focus of criminology on offenders and their actions. Instead, victimology shifts the lens to those who suffer harm as a result of crime, exploring their roles, vulnerabilities, and the broader societal responses to victimization. This essay delves into the origins of victimology, its key concepts, the types of victimization, and its significance in contemporary criminal justice systems. B. Origins and Development of Victimology The term "victimology" was first coined by Benjamin Mendelsohn in the 1940s, often referred to as the "father of victimology." Mendelsohn sought to understand the relationship between victims and offend...

Execution of Decrees and Orders under the Code of Civil Procedure, 1908: A Comprehensive Overview The execution of decrees and orders is the final and most crucial stage of civil litigation. It ensures that the rights adjudicated by a court are practically enforced, allowing the successful party (decree-holder) to reap the benefits of the judgment. The Code of Civil Procedure, 1908 (CPC), particularly Order XXI, provides a detailed framework for the execution of decrees and orders. This article explores the concept of execution, the procedural aspects under the CPC, and important judgments that have shaped the interpretation and application of execution laws in India. What is Execution of a Decree? A “decree” is the formal expression of an adjudication by a court, conclusively determining the rights of the parties in a suit. Once a decree is passed, the decree-holder must initiate execution proceedings to enforce it. Execution involves the practical implementation of the court's de...