Month: April 2020

International Relations, Political Science

INDIA AS A MEDIATOR IN ISRAEL-PALESTINE CONFLICT: An Olive Branch Extended

-by Manya Anjari & Nikunj Mahenshwari At the beginning of March 2020, a delegation of the UN Committee On The Exercise Of The Inalienable Rights Of Palestine People, recommended India to initiate mediation dialogues between Israel and Palestine to allay their on-going conflict.[1]  India, being an emerging power in the West Asia region creates a requisite power balance in the mediation process. Moreover, the strategic … Continue reading INDIA AS A MEDIATOR IN ISRAEL-PALESTINE CONFLICT: An Olive Branch Extended

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Constitutional Law, Criminal Law, Law

ADVOCATING THE RIGHTS OF PRISONERS AMIDST COVID19

-by Animesh Upadhyay & Shikhar Shukla In the wake of the COVID-19 outbreak that has affected millions around the world over 200 Countries are in a battle for their very survival. In a bid to fight this battle of humanity versus COVID-19, the Governments around the globe are taking all the necessary steps to contain the virus but by each passing day, the ever-growing number … Continue reading ADVOCATING THE RIGHTS OF PRISONERS AMIDST COVID19

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Economics, Law, Social Sciences, Tort Law

AN ECONOMIC MODEL OF PRECAUTION TO ACHIEVE OPTIMAL TORT LIABILITIES RULES

-by Sherry Shukla & Arpit Lahoti Introduction: The economic model of precaution deals with two main objectives to be achieved i.e. first being minimization of social cost associated with the activities that involve risky behaviour and the second being evolution of the socially efficient or optimal level of precaution. It mainly focuses on two aspects i.e. cost of harm and the precaution taken to avoid … Continue reading AN ECONOMIC MODEL OF PRECAUTION TO ACHIEVE OPTIMAL TORT LIABILITIES RULES

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Constitutional Law, Law, Political Science

THE OBSOLETE AND DORMANT LAWS

-by NL Rajah Nangavaram On 27th August 2014, the Prime Minister with the objective of providing greater impetus to the reforms agenda of his government set up a committee to identify obsolete laws.  Earlier the P.C. Jain committee on administrative reforms established in 1998, by then Prime Minister A.B. Vajpayee identified 1382 Acts which qualified for being repealed. However, of these, only 415 had been … Continue reading THE OBSOLETE AND DORMANT LAWS

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Competition Law, Law

COMPETITION LAW AND AVIATION SECTOR

-by Rishabh Warrier The Indian aviation market has seen very tumultuous conditions, with frequent bankruptcies and shutting down of companies. The recent demise of Jet Airways, at one point holding the highest share in the Indian Market, and others like Kingfisher and Air India are prime examples. The Indian aviation sector is no stranger to violations of the Act, 2002. These violations have been a … Continue reading COMPETITION LAW AND AVIATION SECTOR

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Constitutional Law, Criminal Law, Law, Philosophy, Social Sciences

COMBATING COVID-19: Need for a Rights-Based Approach

-by Gunjan Shrivastav & Jay Bhaskar Sharma Coronavirus will go, but the kind of world it will leave behind will be a very different one than what it has been. The way in which COVID-19 has brought the world to a standstill is a first of its kind and a horrendous experience for humanity. Most of the developed countries in the world are struggling with … Continue reading COMBATING COVID-19: Need for a Rights-Based Approach

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Constitutional Law, Law

THE TRANSGENDER ACT, 2019: A Safeguard?

-by Akshita Tiwary The Transgender Persons (Protection of Rights) Act, 2019[i] (hereinafter, “the Act”) came into effect on 5th December 2019 amidst mass opposition by the public. The Act is the latest attempt of the Parliament to safeguard rights of India’s transgender community, as was directed by the Supreme Court in the case of National Legal Services Authority v. Union of India and Others (hereinafter, … Continue reading THE TRANSGENDER ACT, 2019: A Safeguard?

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Law, Mediation

MEDIATING AMIDST A CRISIS: Is Online Mediation a Solution for India?

-by Sandhya Swaminathan & Kartikeya Singh With COVID-19 being declared a pandemic by the WHO, the day-to-day affairs of a common man’s life have come to a standstill with the enforcement of multiple lockdowns to combat the outbreak.  In India, workplaces and courts, being non-essential to public health and sanitation have been ordered to shut operations temporarily. However, due to rapid advancements in technology, “work … Continue reading MEDIATING AMIDST A CRISIS: Is Online Mediation a Solution for India?

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Constitutional Law, Law, Political Science

MAKING NOTA COUNT: For The ECI to Hide Behind Complexities so as to Disenfranchise Voters, is Inexcusable.

-by Ankit Kaushik In the clamour and din of the General Election of 2019, as the media’s spotlight shone on the winning candidates proudly performing their victory laps, the NOTA stood humbly in a corner. Even as the NOTA receives the same space on the EVM as any other candidate, it has no party workers campaigning for it; it did not make a single political … Continue reading MAKING NOTA COUNT: For The ECI to Hide Behind Complexities so as to Disenfranchise Voters, is Inexcusable.

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Family Law, Law

THE UNFRIENDLINESS OF THE LAW TOWARDS CHILDREN

-by Anchal Bhatheja The Best Interest of the Child principle (BIOC)  has been gaining importance in the letter and the spirit of the law. Right from International conventions, domestic legislation and judicial decisions, the BIOC principle has been recognised and subjected to diverse interpretations across the spectrum. I argue that despite this principle, there are certain lacunae in the substantive and procedural law concerning custody … Continue reading THE UNFRIENDLINESS OF THE LAW TOWARDS CHILDREN

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