Category: Government Policy

Constitutional Law, Government Policy

Biases in Legal Interpretation: A Concrete Understanding Through Cases in India

The article aims to encapsulate the concept of legal interpretation, more specifically in India. It focuses on the biases that seep into judicial proceedings and disrupt the natural course of justice that is mandated to be followed. The Bhopal gas tragedy is analysed extensively and the courts failure to provide justice in this case is also elaborated upon. Hence, this article highlights prejudices in legal interpretation through various Indian cases. Continue reading Biases in Legal Interpretation: A Concrete Understanding Through Cases in India

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Cryptocurrency
Banking Law, Government Policy

State-Issued Cryptocurrency- A Boon or a Bane?

Central Bank Digital Currency (CBDC) has been in news lately. While the Indian government has not been quite convinced by the idea of having private cryptocurrencies in the market, there is definitely something unique about CBDC which compelled the government agencies to consider the option. This article explores the concept of CBDC and the feasibility of mainstreaming the same in India. Continue reading State-Issued Cryptocurrency- A Boon or a Bane?

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Universal Basic Income
Economics, Government Policy, Law, Social Sciences

THE QUAGMIRE OF UNIVERSAL BASIC INCOME

In this article, the author delves into the concept of UBI – Universal Basic Income and whether this double edged sword can be implemented in India. Although UBI brings along numerous benefits like increased standards of living and gender equality, it can also affect the labor market negatively also impacting employer-employee relations. Thus, many considerations kick in when its implementation in India is pondered upon which are highlighted towards the end of the article. Continue reading THE QUAGMIRE OF UNIVERSAL BASIC INCOME

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Constitutional Law, Government Policy, Human Rights, Political Science

FAMILY PLANNING AND REPRODUCTIVE HEALTHCARE IN INDIA

This article employs a feminist perspective and analyses the need for a shift in the approach of the Indian family planning programmes, in order to ensure better reproductive and sexual health for women in India. It is argued that despite the state claiming that the current family planning initiatives have promotion of women’s health as the primary goal, in reality, they are largely oriented towards population control. Further, they consider women as the means to achieve a larger goal, i.e. the welfare and development of the nation, and place a disproportionate burden on women to undertake family planning, thereby compromising their health. Thus, there is a need to re-evaluate the current approach, and the article suggests some measures that can be taken in this direction. Continue reading FAMILY PLANNING AND REPRODUCTIVE HEALTHCARE IN INDIA

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Constitutional Law, Editorials, Government Policy, Human Rights, Law, Policy

CRYOPRESERVATION OF HUMAN EMBRYOS AND REPRODUCTIVE CELLS: The Legal Loopholes [EDITORIAL]

-by Ramsha Reyaz Cryopreservation is the process of freezing biological specimens like cells, tissues, organelles etc. at very low temperatures for the purpose of preservation. Cryopreserved cells can remain viable for long periods of time and, therefore, the process is increasingly being used for preserving reproductive cells and fertilized embryos as part of in-vitro fertilization and other assisted reproductive techniques. Cryopreservation is an important aspect … Continue reading CRYOPRESERVATION OF HUMAN EMBRYOS AND REPRODUCTIVE CELLS: The Legal Loopholes [EDITORIAL]

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Food
Economics, Government Policy

THE VIRUS OF HUNGER: Contextualizing Food Security in Times of COVID-19: PART-II

This article aims to contextualize the debate around food security in India considering the COVID-19 pandemic. It analyses historical and economic arguments for policy initiatives and aims to make suggestions regarding the state’s role in handling the crisis. By analysing state action through famine relief in colonial India, the article aims to locate the state’s responsibility in the current crisis. Continue reading THE VIRUS OF HUNGER: Contextualizing Food Security in Times of COVID-19: PART-II

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Food
Economics, Government Policy

THE VIRUS OF HUNGER: Contextualising Food Security In Times of COVID-19: PART-I

This article aims to contextualize the debate around food security in India considering the COVID-19 pandemic. It analyses historical and economic arguments for policy initiatives and aims to make suggestions regarding the state’s role in handling the crisis. By analysing state action through famine relief in colonial India, the article aims to locate the state’s responsibility in the current crisis. Continue reading THE VIRUS OF HUNGER: Contextualising Food Security In Times of COVID-19: PART-I

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Competition
Competition Law, Economics, Government Policy

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

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EIA
Environmental Law, Government Policy, Law

The Draft EIA Notification, 2020: Progressive or Regressive

After the Bhopal Gas Tragedy, India came up with the Environment Protection Act, 1986, the provisions of which provided for the EIA norms. The norms provide a list of development projects which need a mandatory environment clearance before they can undertake their activities. The Government had recently proposed the 2020 draft EIA notification. The author through this piece deliberates upon a holistic view of the existing EIA regime and critically analyses the draft EIA notification, 2020. Furthermore, the author highlights the need to strike a balance between environmental protection and economic development. Continue reading The Draft EIA Notification, 2020: Progressive or Regressive

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