COVID-19 AND NEGLIGENT SPREADING OF DISEASE – A Crime?

The world is currently grappling with a pandemic. India had also imposed a countrywide lockdown to contain the deadly virus. For ensuring the fulfilment of the objective and sanctity of this measure, all the States too individually imposed the Epidemic Diseases Act, alongside the Indian Penal Code. This was done in order to keep the actions of citizens under check and prevent them from endangering other people’s lives. This article explores the criminality of negligent spreading of the coronavirus and discusses whether the current legal framework in this regard is sufficient or not. Continue reading COVID-19 AND NEGLIGENT SPREADING OF DISEASE – A Crime?

Aakash Singh Rathore Preamble Ambedkar

ELS Discourse Episode 2 Part 2: Prof. Aakash Singh Rathore

Aakash Singh Rathore is a philosopher of international repute, author of eight books (including Ambedkar’s Preamble: A Secret History of the Constitution of India (Vintage/Penguin, 2020). Prof. Rathore has taught at Jawaharlal Nehru University, the Universities of Delhi, Rutgers, Pennsylvania, Toronto, Humboldt Berlin, LUISS-Rome, and O.P. Jindal Global University. Regular contributor to The Indian Express and Outlook magazine with bylines in The Times of India, Firstpost, Huffington Post. He is also the series editor of Rethinking India Series, being published by Penguin in association with Samruddha Bharat Foundation. Continue reading ELS Discourse Episode 2 Part 2: Prof. Aakash Singh Rathore

Aakash Singh Rathore Preamble Ambedkar

ELS Discourse Episode 2 Part 1: Prof. Aakash Singh Rathore

The second episode titled “Preamble, Ambedkar and Philosophical Foundations” discusses the meaning, history, significance and philosophy behind the Preamble of the Indian Constitution and what it means for the citizens. It also discusses Ambedkar and Gandhi’s conflicting ideas and history behind the Preamble.

Aakash Singh Rathore is a philosopher of international repute, author of eight books (including Ambedkar’s Preamble: A Secret History of the Constitution of India (Vintage/Penguin, 2020). Prof. Rathore has taught at Jawaharlal Nehru University, the Universities of Delhi, Rutgers, Pennsylvania, Toronto, Humboldt Berlin, LUISS-Rome, and O.P. Jindal Global University. Continue reading ELS Discourse Episode 2 Part 1: Prof. Aakash Singh Rathore

Space

The Need For Defining The Boundary Of Outer Space In Light Of Sub-Orbital Flights [EDITORIAL]

The boundary of outer space has remained undefined even after five decades of space exploration. While there have been multiple attempts at establishing the demarcation between the Earth’s atmoshpere and the outer space, there is no universally accepted standard. This article examines the legal issues that can arise due to suborbital flights, in the absence of such a delineation. Continue reading The Need For Defining The Boundary Of Outer Space In Light Of Sub-Orbital Flights [EDITORIAL]

ELS Discourse Episode 1: Anish Gawande

There Is Nothing Queer About It

Anish Gawande is a writer and a translator. He is the Director of the Dara Shikoh Fellowship and the Curator of Pink List India initiative. Anish Gawande graduated with a degree in Comparative Literature and Society from Columbia University and is currently a Rhodes Scholar pursuing a degree in Intellectual History from Oxford University. Continue reading ELS Discourse Episode 1: Anish Gawande

Competition

Concerted Action vs Unilateral Conduct in Competition Law: A Critique – PART II

A concerted action perpetuated by various persons or enterprises is different from the unilateral conduct of an individual entity, as the latter is not accompanied with the element of “concurrence of wills”. That is why Section 3 and 4 of the Competition Act, 2002 are different in their scope and operation.The second part of the article comprehensively discusses the case of Mahyco Monsanto Biotech (India) Limited and argues that, despite a statutory distinction, the approach undertaken by the Competition Commission of India has resulted in conflation of the paradigms used to assess anti-competitive agreements with those relating to the abuse of dominance. Continue reading Concerted Action vs Unilateral Conduct in Competition Law: A Critique – PART II

coparcenary

EQUALITY IN INHERITANCE: A Judicial Victory For Female Coparceners In India

by Abhigyan Tripathi and Kshitij Pal Introduction The evil of patriarchy is one which has percolated down our society from the archaic times and needs to be rooted out for ensuring the fulfilment of the constitutional vision of equality and equity. This inequality among the genders can only be tackled by taking it one step at a time. The Supreme Court on the 11th of … Continue reading EQUALITY IN INHERITANCE: A Judicial Victory For Female Coparceners In India

Custodial

TAMIL NADU CUSTODIAL DEATHS: Who Will Guard the Guards Themselves?

In this piece, the authors discuss the incongruity between the profusion of judicial and legislative safeguards against custodial violence and the unpleasant image that various statistics present. Further, the article enunciates upon the intrinsic shortcomings of the prevalent safeguards and finally pitches for the need for standalone legislation on custodial violence. Continue reading TAMIL NADU CUSTODIAL DEATHS: Who Will Guard the Guards Themselves?

Competition

Concerted Action vs Unilateral Conduct in Competition Law: A Critique – PART I

A concerted action perpetuated by various persons or enterprises is different from the unilateral conduct of an individual entity, as the latter is not accompanied with the element of “concurrence of wills”. That is why Section 3 and 4 of the Competition Act, 2002 are different in their scope and operation.

The first part of the article examines in detail the differential treatment accorded to concerted action and unilateral behaviour, by Competition authorities in the EU and the US and ascertains that unilateral restraint of competition and trade cannot be evaluated under the lens of the standards that are used to determine coordination of behaviour or collusion between undertakings. Continue reading Concerted Action vs Unilateral Conduct in Competition Law: A Critique – PART I

Surrogacy

ABSENCE OF MONETARY EXCHANGE AND EXPLOITATION: An Altruistic Surrogacy Perspective

Commercial surrogacy is deemed to be an exploitative affair for the surrogate, and therefore, the practice is penalized in India. Given this, we seem to have made a false assumption about altruistic surrogacy agreements, i.e., the factor of exploitation within these agreements does not exist. Thus, the following article sheds light on that discourse and attempts to show otherwise. Continue reading ABSENCE OF MONETARY EXCHANGE AND EXPLOITATION: An Altruistic Surrogacy Perspective