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-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]
In this article, through a discussion on the issues involved in FGM, international response to the problem of FGM, and the practice in Indian context, the author aims to present a case for a need to have an absolute ban on the practice of FGM. Continue reading FEMALE GENITAL MUTILATION: A Case for Complete Ban
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
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
Namrata Jeph The battle for Jammu and Kashmir was and is not merely or even mostly a battle for territory. It is an uncompromising and perhaps uncompromisable struggle for two ways of life, two concepts of political organization, two scales of values, and two spiritual attitudes. Joseph Korbel Introduction The Central Government on August 5 last year revoked the special status of Jammu and Kashmir … Continue reading ONE YEAR OF ABROGATION OF SPECIAL STATUS FROM JAMMU & KASHMIR [EDITORIAL]
Mareva Injunction, one of the most severe reliefs, is an interlocutory order which is sought by the claimant during the pendency of the proceedings or even after the judgement or award is obtained to ensure its smooth execution. Usually sought when high stakes of money is involved or in the event of fraud. If granted, this injunction prevents the defendant from dissipating his assets until the judgement/award can be obtained or enforced. Continue reading MAREVA INJUNCTION: A Nuclear Weapon in aid of Arbitration?
-by Ayushi Shukla & Sushmit Mandal Humans have been devastated by a novel coronavirus, and our way of life inexplicably shattered by a microscopic infectious agent considered to be “at the edge of life”. More than one-third of our population is now confined indoors to curb the high transmission rates. Home, usually a safe sanctuary, is also a place where abusers can warp the dynamics … Continue reading THE LOCKDOWN DOMINO EFFECT: Resurgent Domestic Abuse and the Search for an Antidote.
Why is the uttering of casteist slurs on a mobile call not an atrocity? Why is there a need for ‘independent’ witnesses under Sec. 3(i)(x) of the Atrocities Act?
Caste is that butterfly whose flapping wings have an effect on all kinds of interactions of an individual. With its inhumane, however, very much prevalent functioning, the caste system has been the dark past of Indian history and continues to be the harsh reality of the modern, contemporary, and constitutionally democratic society of India. So much so that it is not rare for laws, rules and regulations to be caste-blind and blatantly insensitive to the Bahujan community in general. One such example of this massive loophole is the requirement of independent witnesses under Section 3(i)(x) of the Atrocities Act. Over the course of this article, the author has analyzed a recent judgement in the case of Pradeep Kumar v. the State of Haryana from a Dalit legal perspective. The article showcases the latent upper-caste bias in the subject provision. Continue reading THE TALE OF ‘PUBLIC VIEW’ AND THE ATROCITIES ACT: A Dalit Critique of Section 3(i)(x)
ANTI-COMPETITIVE PRACTICES IN INDIAN E-COMMERCE SECTOR: A Critical Analysis of the Regulatory Framework: PART I
by Tavashya Kumar E-commerce may be defined as a mode of conducting business transactions such as purchase and sale of products through electronic means as against the traditional physical means. Recently, this industry has witnessed a phenomenal amount of growth, as evidenced by the rise of industrial conglomerates such as Amazon, Flipkart, etc. These corporations have revolutionized the retail market in India by selling a … Continue reading ANTI-COMPETITIVE PRACTICES IN INDIAN E-COMMERCE SECTOR: A Critical Analysis of the Regulatory Framework: PART I
by Sri Hari Mangalam Introduction India, acknowledging the need to assimilate and prevent corrupt activities in the country, introduced a corruption prevention act back in 1988. However, despite the foresight of our legislators and the timely construction of the act, the code did not create much of a difference. The legislative piece meant to control and restrict all illegal and unethical activities in the public … Continue reading ANALYZING THE PREVENTION OF CORRUPTION (AMENDMENT) ACT, 2018: INDIA’S UNTAPPED AND BRIDDLED RIDER
by Arshpreet Singh Saluja and Muskaan Jain Introduction Amidst this pandemic due to the practice of social distancing and the lockdown, reports have shown that the crime rates are sharply falling. This is true but not complete. Although the offences such as theft, murder and molestation have decreased, we should not get disillusioned by this moment of transient peace at public places. Unfortunately, other crimes … Continue reading SOCIAL DISTANCING LEADING TO SOCIAL DISTRESSING: Social epidemic within a biological epidemic
by Dhanishta Mittal and Deepanshu Mittal China’s controversial National Security law is now to be implemented in Hong Kong through Chinese administration. This raises serious concerns regarding the demand for Hong Kong’s autonomy. The security law, which has provisions that are expected to ban secession, sedition and subversion of the Chinese government will conveniently bypass the Hong Kong legislation due to their puppet government in … Continue reading THE DEATH KNELL FOR HONG KONG?
by Nupur Raut and Ashwin Pantula We live in a world where the language of rights may easily (and most often justifiably) be appropriated by, or for the benefit of, a given stakeholder in a situation. India’s fundamental rights, set out in Part III of the Constitution, have oft been read to include newer and more diverse rights within their framework. This is usually done … Continue reading DOES THE UNBORN CHILD HAVE A RIGHT TO LIFE?
by Vibhu Pahuja With COVID-19 now been declared as a global pandemic, many countries, including India have taken stringent measures. These include measures such as a nationwide lockdown to protect the lives of its population. This has led to an economic collapse, as various industries the economy would not be operational during this time. However, industries that form the necessity for livelihoods are still operational, … Continue reading PHARMACEUTICAL INDUSTRY DURING COVID-19: A liberal recourse to the Competition Act
by Chaaru Gupta and Namrata Jeph It is imperative that the legal decisions be taken keeping in mind the economic impact of those decisions. A lack of economic analysis of a judgment can affect employment, Gross Domestic Product (“GDP”), tourism, infrastructure, etc. In recent times, the Reserve Bank of India has introduced multiple reforms to tackle the economic implications of the lockdown and ensure growth … Continue reading ECONOMICALLY IRRESPONSIBLE JUSTICE: The Judiciary and the Economy – [EDITORIAL]
-by Nishant Tiwari & Alankrita Singh The COVID-19 outbreak is causing epochal changes in our lives. A few months ago, the life we are living today would have been unthinkable for most. In just a span of few weeks, attention has changed dramatically. Governments around the world are trying to stem the tide with ever-stronger measures. Economic growth in a modern economy depends on an … Continue reading COVID – 19: Health shocks getting converted into financial crisis
–by Ashwini Nag Backdrop of Korean division After the Japanese empire was dismantled, the Korean Peninsula became important territory in the Cold War. The Peninsula was eventually divided into two nations along the 38th parallel north latitude. The USA controlled the southern sphere and the USSR promoting a communist regime in the northern sphere. The end of the Korean War was marked by the 1953 … Continue reading THE PANMUNJOM DECLARATION: Revamped Korean Sunshine policy and the German Model
-by Vanya Francis & Anirudh Agrawal Introduction Jammu and Kashmir Public Safety Act (PSA), 1978, often regarded as an arbitrary piece of legislation, encapsulates the entire Jammu and Kashmir region. It finds its roots in the British era when the Defence of India Act 1915 was enacted as an emergency criminal law for repressing the nationalist and revolutionary activities during and in the aftermath of … Continue reading THE STORY OF KASHMIR: Jammu and Kashmir Public Safety Act, 1978
by Shivam Mishra and Aman Vijay Bhatt The article is a part of a two – part series. The first part can be found here. Views are personal. Image has been provided by the authors. ABOUT THE AUTHOR Shivam Mishra and Aman Vijay Bhatt are currently pursuing B.A. LLB. from Ram Manohar Lohiya National Law University, Lucknow. Continue reading COVID-19 AND BIODEFENCE: Can We Prepare Better?-[PART II]
-by Atyotma Gupta This is the second and concluding part of the two-part series. Previous part can be accessed here. Article 32: Is It Just As mentioned above, Article 32 of the constitution is the remedial provision for the violation of fundamental rights and enshrines a right to the aggrieved to approach the apex court to seek the protection of his/her fundamental rights. It is the … Continue reading THE INDIAN CONSTITUTION: ABSTRACTION OF JUSTICE – [PART-II]
-by Atyotma Gupta “I know no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power” … Continue reading THE INDIAN CONSTITUTION: ABSTRACTION OF JUSTICE – [PART-I]
-by Shaileshwar Yadav In the year 2005, the Kingdom of Nepal cut off all the telecommunication links with the outside world. According to the Crown, shutting down of communication was essential to counter Maoist insurgents. The blackout continued for 88- days, frustrating the general public of Nepal. The results were deplorable – the virtual blackout alienated large swathes of the public. The collapse in the economy … Continue reading INTERNET SHUTDOWNS: A Rise in Arbitrariness?
COLLECTIVE DOMINANCE AND THE DRAFT COMPETITION (AMENDMENT) BILL, 2020: A Case of Missed Opportunity?
-by Parina Muchhala The Draft Competition (Amendment) Bill, 2020 (hereinafter, Draft Bill), based on the 2019 Report of the Competition Law Review Committee (hereinafter, Report) was recently released, and much has been written on the many interesting changes that have occurred subsequently in India’s competition regime. This article, however, is restricted solely to an analysis of the Committee’s findings on the idea of ‘collective abuse … Continue reading COLLECTIVE DOMINANCE AND THE DRAFT COMPETITION (AMENDMENT) BILL, 2020: A Case of Missed Opportunity?
by Advocate Jayanta Boruah Biodiversity, in a general sense, means the variety of living species. It plays a significant role in the survival of the entire ecosystem. Biodiversity covers a complex and wide range of different living species, right from single-celled micro-organisms to complex large organisms. It even includes atmosphere, hydrosphere and lithosphere. Humanity got nourished in the laps of Nature, which includes biodiversity as … Continue reading ACCESS AND BENEFIT SHARING MECHANISM: A Theoretical Framework
-by Anushka Singh and Richa Hudilwala The outbreak of COVID-19 has swept across the globe and has generated massive concerns over health worldwide. As marked by the United Nations Secretary-General, Antonio Guterres: “Coronavirus is a pandemic which is a human crisis that is fast becoming a human rights crisis”. Serious concerns over human rights violations such as censorship, discrimination, xenophobia, arbitrary detention etc. were reported … Continue reading HUMAN RIGHTS AMID COVID-19: SOLUTIONS TO COMBAT AN ALTERNATIVE CRISIS
by Himanshu Tyagi While the whole world is fighting against the coronavirus outbreak, we have forgotten about a deadlier virus, which lurks around in the corridor of every household. As the governments around the globe have enforced a lockdown to mitigate the spread of COVID-19, a horrifying surge in domestic violence has raised the alarm. As per WHO’s health reproduction programme reports, 1 in every … Continue reading THE OUTPOUR OF DOMESTIC VIOLENCE: COVID 19
-by Urmil Shah Article 17 of UDHR, which provides for the right to property as the fundamental tenet of human existence, finds its nemesis under the Transfer of Property Act, 1882 (“TPA”). TPA, considered as a conglomeration of the principles of Equity and English Common Law governs the transfer of certain movable and immovable properties by an act of parties through various absolute and partial modes … Continue reading ADDRESSING THE INCONSISTENCY BETWEEN RULE OF EQUITY AND CAVEAT EMPTOR IN TRANSFER OF PROPERTY
-by Vini Singh The COVID-19 pandemic has swept the world. The fast-spreading infectious disease has compelled almost every government to impose severe measures. Many of these measures have had a substantial impact on fundamental freedoms. India is no exception. The government has had to impose a strict nationwide lockdown to slow down the spread of the virus. Many more restrictions are likely to become a part … Continue reading TECHNOLOGY, PRIVACY AND COVID-19 PANDEMIC
by Nitesh Mishra The Jammu & Kashmir Reorganisation Act, 2019 (“the Act”) was enacted and enforced by the Parliament of India, in August 2019. This Act has demoted the previously existing state of Jammu and Kashmir (“J&K”) to two Union Territories: one of J&K, and the other of Ladakh, after the abrogation of Article 370 of the Constitution. Amidst the myriad opinions around this decision of the … Continue reading A JURISPRUDENTIAL ANALYSIS OF THE J&K REORGANIZATION ACT, 2019
-by Ayush Shukla The current global health crisis caused by COVID-19 has shaken the entire world. The ongoing global pandemic has forced the government to take some extraordinary measures in order to limit the spread of the deadly virus. Currently, the country is in lockdown and the central and state governments are trying their best to ensure strict compliance of the lockdown guidelines. Strict legal actions … Continue reading LEGALITY OF FIRs FILED UNDER SECTION 188 OF IPC DURING LOCKDOWN
-by Samriddha Gooptu The Indian competition regulator – Competition Commission of India (CCI) had on April 19, 2020, released its “Advisory to Businesses in Time of COVID-19”. As per the advisory, one primary pointer by the regulator had been its emphasis upon the well-equipped position of the Competition Act, 2002 to deal with competition-related concerns in times of crisis. The advisory clearly points out certain … Continue reading INDIA’S COMPETITION SPACE PREPARES ITSELF FOR COVID-19
-by Srishti Suresh On March 2nd, 2020, around thousand irate restaurant owners launched the ‘Logout Campaign’ foisting their intention of getting their companies delisted from online food aggregator platforms, owing to data masking and rampant anti-competitive practices. The National Restaurant Association of India (NRAI) took cognisance of the grave issue and voiced its concern over the rampant abuse of dominant position exercised by such aggregator … Continue reading THE FOOD AGGREGATORS’ QUANDARY- DATA MASKING…A Precursor to an Anti-Competitive Regime?
-by Anwesha Singh & Alivya Sahay The internet has brought about a radical change by revolutionizing technological inventions. In recent times, the different mechanisms of alternate dispute resolution (“ADR”) procedures have absorbed within it the system of Online Dispute Resolution (“ODR”). ODR in India is in its outset stage and is fast gaining importance. Concept of Online Dispute Resolution: ODR refers to “a wide class of … Continue reading ONLINE DISPUTE RESOLUTION: A Step Forward
-by Aditya Gaggar The power sector’s importance to any country’s economy cannot be overemphasized. The fact that the Indian power sector is the largest consumer of natural gas on a sectoral basis, consuming about 40% of the total natural gas in the country, only serves to re-emphasise its dependence on natural gas. Still, as important and sizable as it may seem, there does not appear … Continue reading NATURAL GAS PROCUREMENT POLICY IN INDIA: An Overview
-by Atisha Sisodiya & Bodhisattwa Majumdar The ongoing COVID-19 crisis and the nationwide lockdown has led to an unprecedented transition of a large proportion of the population to Work from Home (WFH). In the midst of such a crisis, accompanied by what the World Health Organization (WHO) calls an ‘infodemic’ – an over-abundance of information, some from reliable sources and some not, it is easy … Continue reading IMPLICATIONS OF WORK FROM HOME ON DATA PRIVACY AND CONFIDENTIALITY: A Legal Perspective
-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
-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
-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
-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
-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
-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?
-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?
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.
-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
IS THE POSITION ON AUTOMATIC STAY OF AWARDS FINALLY SETTLED: HINDUSTAN CONSTRUCTION COMPANY LTD V UNION OF INDIA
-by Abhishar Vidyarthi The Hon’ble Supreme Court of India (“Court”) in a landmark decision titled “Hindustan Construction Company Ltd v Union of India” (Hindustan Company) struck down Section 87 of the Arbitration and Conciliation Act 1996, (“1996 Act”) which was inserted through the Arbitration and Conciliation (Amendment) Act, 2019 (“Amendment Act 2019”). Section 87, as inserted by the Amendment Act 2019, restricted the retrospective application … Continue reading IS THE POSITION ON AUTOMATIC STAY OF AWARDS FINALLY SETTLED: HINDUSTAN CONSTRUCTION COMPANY LTD V UNION OF INDIA
-by Manisha Arya The following article is part of a two-part series. The previous article can be found here. III. Prominent Feminist Theory and Intersection of Caste, class and Gender in India Caste system as an institution is very peculiar to India. On one hand where the women across world face oppression under patriarchy by virtue of them being women, Dalit women in India due … Continue reading THE INTERSECTION OF CASTE, CLASS AND GENDER – PROMINENT FEMINIST THEORIES: PART II
– by Manisha Arya I. Positionality of Dalit Women in Caste and Class Hierarchy One of the incidents in Tamil Nadu where a Dalit women leader who demanded higher wages was raped and then killed by upper-caste landlords. By demanding high wages in public space, the Dalit woman leader had violated the limits of her caste status which are defined by passivity and submissiveness and … Continue reading THE INTERSECTION OF CASTE, CLASS AND GENDER – A FEMINIST ANALYSIS: PART I
by Anchal Batheja Conferring rights through the means of judicial activism is not a very onerous task. The real conundrum arises when individuals on the bench are expected to strike off a balance between two countervailing interests which hold almost equal ground in law and the constitution. This dilemma becomes very pronounced when one looks at the anatomy of Article 21 of the Indian constitution … Continue reading CONSTITUTIONAL PARADOXES AMIDST THE PANDEMIC – [EDITORIAL]