Pahwa and Associates

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The Poppy’s Paradox: The Evolution of O***m and Global ControlThe history of o***m is a narrative of two extremes: it is...
08/02/2026

The Poppy’s Paradox: The Evolution of O***m and Global Control

The history of o***m is a narrative of two extremes: it is simultaneously one of humanity’s most effective medical breakthroughs and one of its most destructive social forces. The transition of o***m from a freely traded commodity to a strictly prohibited substance is a journey that reshaped international law and modern diplomacy.
The Early Era: From "Joy Plant" to Global Commodity
O***m, derived from the Papaver somniferum poppy, has been used for over 5,000 years. The Sumerians referred to it as Hul Gil (the "joy plant"), and for centuries, it was the world’s primary analgesic.
By the 18th century, however, o***m shifted from a medicinal herb to a tool of empire. The British East India Company leveraged o***m grown in India to balance trade deficits with China. This state-sponsored drug trade eventually led to the O***m Wars (1839–1860). When China attempted to ban the drug to save its population from mass addiction, Britain used military force to protect its right to "free trade." The resulting treaties not only legalized the o***m trade in China but also established the first global infrastructure for narcotic distribution.
The Shift Toward Prohibition (1909–1912)
By the turn of the 20th century, the tides of public opinion turned. Moral reform movements in the West and a growing realization of the social costs of addiction in Asia led to the first international diplomatic efforts.
The 1909 Shanghai O***m Commission: Triggered by Bishop Charles Brent and President Theodore Roosevelt, this was the first multinational meeting to address drug addiction. It marked the moment the world agreed that drug use was a "global" problem rather than a domestic one.
The 1912 International O***m Convention (The Hague): This was the first legally binding international treaty. It mandated that signatories use their best efforts to control the production and distribution of o***m and co***ne, effectively ending the era of unregulated "patent medicines."

The Rise of the UN Framework
Following World War II, the responsibility for drug control moved from the League of Nations to the United Nations. This culminated in a series of conventions that define the modern "War on Drugs."
"The 1961 Single Convention on Narcotic Drugs remains the bedrock of global drug policy, prioritizing the limitation of narcotic drugs to medical and scientific purposes."
This treaty, along with the 1971 Convention on Psychotropic Substances and the 1988 Convention against Illicit Traffic, created a rigorous global system of "schedules." These schedules classify substances based on their potential for abuse versus their medical utility. Under these laws, the cultivation of poppies is strictly monitored by the International Narcotics Control Board (INCB), ensuring that countries like India and Turkey can grow poppies for morphine legally, while illicit production (such as in the Golden Crescent or Golden Triangle) remains a criminal act.

The Modern Dilemma: Access vs. Control
Today, the evolution of o***m has entered a complex new phase. While international conventions have successfully prevented legal o***m from being diverted to the black market, they have inadvertently created a "Global Pain Gap."
The Imbalance: Strict regulations often make it difficult for developing nations to access morphine for palliative care.
The Synthetic Shift: While o***m cultivation is the focus of these treaties, the world now faces a rise in synthetic opioids (like fentanyl), which are easier to manufacture and harder to track than the traditional poppy.

Conclusion
The evolution of o***m from a sacred plant to a contraband substance reflects the changing priorities of global civilization. We have moved from a world of unregulated exploitation to a world of rigid control. As we move forward, the challenge for international conventions will be to maintain this control without sacrificing the medical needs of the world's most vulnerable patients.

Supreme Court Grants Bail To Former Punjab Minister Bikram Singh Majithia In Corruption Case"Why do you want to keep him...
02/02/2026

Supreme Court Grants Bail To Former Punjab Minister Bikram Singh Majithia In Corruption Case
"Why do you want to keep him inside jail?" Justice Vikram Nath asked State.

The Supreme Court today granted bail to Shiromani Akali Dal leader Bikram Singh Majithia in a corruption case involving alleged accumulation of over Rs.540 crores in disproportionate assets.

On the last date, Majithia had prayed for interim bail citing an apprehension of threat to life.

A bench of Justices Vikram Nath and Sandeep Mehta passed the order, after hearing Senior Advocate Dr S Muralidhar (for Majithia) and Senior Advocate Siddharth Dave (for the State).

"Considering the facts and circumstances of the case, and in particular the fact that the petitioner was granted bail in the earlier NDPS matter in 2022, against which the SLP filed by the state was dismissed by this court in 2025, and further the petitioner has already been in custody for the last 7 months, and the police report under Section 173(2) has already been filed, further the fact that the disproportionate assets case relates to the check period from 2007-2017, and the FIR has been lodged in 2025 under PC Act, we are inclined to grant bail. It would be open for prosecution to impress upon trial court to impose stringent conditions on the petitioner while releasing him on bail as may be necessary", the Court ordered.

After the order was dictated, Dave requested the Court to impose 2 bail conditions, including one restraining Majithia's travel. However, the bench left it open for the prosecution to seek imposition of stringent conditions before the trial court. "We are not imposing the conditions", said Justice Nath.

Majithia filed the present petition against a Punjab and Haryana High Court order which dismissed his bail plea in the FIR registered by the Punjab Vigilance Bureau under Sections 13(1)(b) read with Section 13(2) of the Prevention of Corruption Act, 1988. Notice was issued on the plea in December, 2025.

The FIR was registered on the basis of a June 7, 2025 report of a Special Investigation Team probing an earlier NDPS case against Majithia. The SIT alleged that Majithia and his wife had accumulated assets worth over Rs.540 crores, disproportionate to their known sources of income, through a network of domestic and foreign entities. The allegations related to the period when Majithia served as an MLA and later as a Cabinet Minister in Punjab between 2007 and 2017.

In its order, the High Court recorded the State's case that Majithia exercised direct or indirect control over several companies, including Saraya Industries Limited and its subsidiaries, and that large unexplained cash deposits, foreign investments routed through Cyprus and Singapore based entities, and inter-corporate transactions were used to acquire assets and benami properties. The State also alleged misuse of official position to build interests in liquor, transport and aviation businesses through family members and front entities.

Majithia argued before the High Court that the corruption case was an offshoot of the NDPS case in which he had already been granted bail in August 2022, and that the Supreme Court had dismissed the State's plea for cancellation of that bail in April 2025. He contended that the same material could not be used to register a fresh FIR and that the case was politically motivated. He also highlighted that the investigation was complete as chargesheet had been filed on August 22, 2025, running into about 40,000 pages with 272 witnesses.

Rejecting these submissions, the High Court held that there was no bar on registration of a second FIR when investigation reveals a larger conspiracy or distinct offences, and relied on Supreme Court precedent on economic offences constituting a separate class for the purpose of bail.

It observed that the allegations indicated deep-rooted financial conspiracies with adverse implications for the State's financial health and that release at that stage could hamper further investigation and influence witnesses.

While declining bail, the High Court directed the investigating agency to complete the remaining investigation within three months and observed that Majithia could seek bail thereafter, noting that he could not be kept in custody indefinitely.

Case Title: Bikram Singh Majithia v. State of Punjab, SLP(Crl) No. 20469/2025

17/10/2025

Coercive control

Coercive control refers to a sustained pattern of behaviors aimed at dominating, isolating, and restricting the freedom of another person—most often within intimate or family relationships. It is a core element of domestic abuse and can occur with or without physical violence.​

Key Features

Coercive control is characterized by acts or patterns of intimidation, manipulation, humiliation, and exploitation, designed to instill fear, dependency, and power imbalance. The abuser seeks to make the victim dependent by isolating them from support, depriving them of independence, and regulating their daily actions.​

Common Tactics

Typical behaviors that constitute coercive control include:

Isolation from family, friends, and external support systems.​

Monitoring or surveillance—checking phones, emails, tracking location, or installing surveillance devices.​

Financial abuse—restricting access to money, imposing budgets, or sabotaging employment.​

Gaslighting—manipulating the victim into doubting their memories or perceptions.​

Verbal degradation and emotional humiliation—constant criticism, name-calling, or belittling.​

Threats—to harm the victim, loved ones, or pets to enforce compliance.​

Legal Recognition

Many countries, including the United Kingdom and Australia, have criminalized coercive control in domestic relationships since 2015. Canada and several U.S. states also recognize it under family violence or domestic abuse frameworks. These laws acknowledge that the harm lies not only in physical violence but in the systematic removal of autonomy and liberty.​

Psychological Impact

Victims often experience fear, confusion, anxiety, loss of confidence, and deterioration of mental and physical health. As sociologist Evan Stark described, coercive control creates “invisible chains,” akin to psychological captivity within an “unreal world” shaped by the abuser.​

In essence, coercive control represents the weaponization of everyday behaviors to dominate and entrap another person, often with devastating, cumulative effects even in the absence of overt violence

In the Indian context, coercive control is increasingly recognized as a psychological and emotional form of domestic abuse—though it is not yet explicitly criminalized as a separate offence under Indian law.​

Nature and Prevalence in India

Studies indicate that coercive control is widespread among Indian women, often operating within marriage and intimate relationships. A large-scale study in Mumbai revealed that 71% of women reported experiencing coercive control, including isolation, surveillance, restriction of movement, and economic abuse. This behavior correlates strongly with emotional, physical, and sexual violence, and significantly raises risks of depression, anxiety, and suicidal ideation. Data from the National Family Health Survey (NFHS-4) also suggest that controlling behavior is more common in rural areas and among women from lower socio-economic groups.​

Legal Framework and Gaps

While India lacks a specific statute on coercive control, several legal frameworks indirectly address it:

Protection of Women from Domestic Violence Act, 2005 (PWDVA): Recognizes psychological, emotional, and economic abuse as domestic violence, covering many aspects of coercive control such as isolation, financial restriction, and verbal harassment.​

Section 498A of the Indian Penal Code: Penalizes cruelty by husbands or in-laws, including mental harassment and manipulation, aligning partially with coercive control dynamics.​

Indian Contract Act, 1872 (Section 15): Defines coercion as an act involving unlawful threats or detention to force consent—though it applies to contracts, it conceptually overlaps in denoting lack of free will under undue influence.​

Despite these provisions, there is no standalone legal recognition of coercive control comparable to laws in the UK or Australia, which treat ongoing psychological domination as a criminal offence. Indian courts generally address such behavior within broader domestic violence or matrimonial cruelty claims, leading to inconsistent enforcement.​

Emerging Discourse and Reform

Legal scholars and feminist groups in India argue that non-physical abuse—especially coercive control—remains under-recognized in the justice system. Advocates call for reform that mirrors international standards, urging criminalization of sustained controlling conduct as a distinct offence to strengthen women’s constitutional rights to dignity, equality, and personal liberty under Articles 14 and 21.​

In summary, while coercive control is endemic in India and causes profound psychological harm, the legal framework continues to treat it under general domestic violence provisions rather than as a specific pattern of abuse. Calls for law reform aim to bridge this gap and ensure comprehensive protection against all forms of domestic subjugation.

07/10/2025

Unlawful Assembly -Test for determination

The essential test for determining an unlawful assembly in India is whether the group’s common object falls within one of the purposes prohibited by law under Section 141 of the Indian Penal Code (“IPC”) or its equivalent in the Bharatiya Nyaya Sanhita (“BNS”) after 2023. Indian courts examine the intent (common object), conduct, and circumstances to decide if an assembly is unlawful, supported by landmark judgments clarifying this test.

Test for Unlawful Assembly

An assembly of five or more persons is unlawful if their "common object" aligns with any of the five heads listed in Section 141 IPC/BNS (such as resisting law enforcement, committing mischief, etc.). The test requires courts to:

Determine existence of a common object among the members,

Examine whether this object fits an unlawful purpose as per statute,

Assess individual participation and conduct within the group,

Consider surrounding circumstances, including preparation, armament, and prior animosity.

Important Case Laws

Karam Singh v. State of Punjab (1962): The Supreme Court clarified that mere presence in a group is not enough; actual knowledge and active participation towards the common object are essential for conviction.

Shambhu Nath Singh v. State of Bihar (1960): Emphasized that the object need not be expressly declared or pre-planned; it can be inferred from conduct, circumstances, and the nature of the acts committed by the assembly.

State of UP v. Dan Singh (1997): Affirmed that specific individual acts by members are unnecessary—the liability is collective when the assembly acts with a prohibited common object.

Yogendra Morarji v. State of Gujarat (1980): Held that the common object must be proved and the act done in prosecution of that object or be such as the members of the assembly knew to be likely committed in pursuance thereof.

Relevant Provisions

Section 141 IPC (equivalent BNS section): Defines unlawful assembly and lays down the heads of criminal liability.

Section 142 IPC: Deals with intention and knowledge.

Section 149 IPC: Establishes vicarious liability for offenses committed by any member of an unlawful assembly in pursuance of the common object.

29/09/2025

Balance of convenience

The balance of convenience is a key legal principle used by courts, especially when deciding whether to grant a temporary or interim injunction in civil cases. It means the court assesses which party would suffer greater hardship or inconvenience if the relief sought (usually an injunction) is either granted or refused.

Meaning and Application

The court weighs the risks and harms to both parties, aiming to ensure that justice is fair and equitable during the pendency of litigation.

If the refusal of an injunction would cause irreparable harm to the plaintiff—harm that cannot be compensated by money—the balance of convenience may favor granting the injunction.

Conversely, if granting the injunction would unjustly harm the defendant or cause inconvenience greater than that faced by the plaintiff, the court may refuse interim relief.

Key Factors Considered

Irreparable harm: If the harm cannot be remedied by money, this weighs in favor of injunction.

Hardship to both parties: The court compares the severity of harm each party would suffer.

Public interest: The broader impact of the injunction is considered.

Preservation of status quo: Often courts seek to maintain current conditions until final resolution.

Practical Example

If a plaintiff seeks an injunction to stop the demolition of property, the court weighs whether the plaintiff would face irreparable loss if the property is demolished versus the inconvenience or loss the defendant would face if demolition is temporarily halted. The decision depends on whose hardship is greater and whether justice reasonably demands interim relief.

In summary, the balance of convenience helps courts decide whether temporary relief is truly necessary by evaluating and comparing the likely consequences for both parties.

25/09/2025

Sapinda Relationship.

A sapinda relationship is a prohibited degree of kinship under the Hindu Marriage Act of 1955, preventing marriage between individuals. The term, derived from Sanskrit words meaning "same rice ball," signifies shared lineage through offerings to ancestors. This prohibition aligns with the rule of exogamy, which discourages marriages within close family ties for social, spiritual, and genetic reasons.
How the relationship is calculated
According to Section 3(f) of the Hindu Marriage Act, 1955, a sapinda relationship extends up to the fifth generation (inclusive) through the father and up to the third generation (inclusive) through the mother, with the person in question counted as the first generation. Two people are sapindas if they share a common lineal ancestor within these generational limits, encompassing relationships by full blood, half blood, uterine blood, and adoption.
Example of sapinda relationship
If a man intends to marry his maternal grandmother's sister, tracing the maternal lineage shows the woman is within the three-generation limit. Having a common ancestor within the defined limits makes them sapindas, and the marriage would be void under the Act unless an exception applies.
Legal status of sapinda marriages
Under Section 5(v) of the Hindu Marriage Act, 1955, a Hindu marriage between sapindas is considered void.
Exception
An exception exists if a continuously observed community custom permits such a marriage. However, the couple must prove this custom, and courts, as seen in Neetu Grover v. Union of India (2024), require substantial evidence.

16/09/2025

Constitutional validity of sec 9 Hindu marriage Act. Restitution of conjugal rights.

Section 9 of the Hindu Marriage Act, 1955—which provides for restitution of conjugal rights—has been repeatedly challenged for its constitutional validity, particularly alleging violations of the right to privacy and personal liberty under Article 21 of the Constitution. However, the Supreme Court has upheld its validity, although there remains ongoing debate and pending litigation.

Landmark Judgments

In T. Sareetha v. T. Venkata Subbaiah (1983), the Andhra Pradesh High Court held Section 9 unconstitutional, labeling it a violation of personal liberty and privacy under Article 21.

However, in Saroj Rani v. Sudarshan Kumar Chadha (1984), the Supreme Court reversed this position, upholding the constitutional validity of Section 9 and clarifying that the decree merely serves as an inducement for spouses to cohabit, without forcing sexual relations. The court emphasized state interests in preserving marriage while balancing individual rights.

Criticisms and Contemporary Debate

Critics argue Section 9 infringes on bodily autonomy and marital privacy, and contend it is especially vulnerable to misuse against women. The right to privacy (as reaffirmed in Justice K.S. Puttaswamy (Retd.) v. Union of India, 2018) has brought renewed scrutiny to Section 9, with recent petitions challenging its constitutionality still pending before larger benches of the Supreme Court.

Current Status

The Supreme Court's decision in Saroj Rani remains authoritative, and Section 9 is considered constitutionally valid under current law. However, the matter is far from settled, as the Court is actively considering new challenges in cases such as Ojaswa Pathak v. Union of India. The future may see a re-examination in light of evolved privacy jurisprudence.

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