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-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.
by Saarthak Singhal Introduction The already fragile ceasefire in Afghanistan which was announced to coincide with the festival of Eid has now been unofficially extended, courtesy the COVID-19. The Taliban has confirmed that their Supreme Leader, Mullah Haibatullah Akhunzada, has been infected with COVID 19. An Afghan official who was a part of recently concluded, negotiations which took place in Doha, Qatar has confirmed that … Continue reading THE AFGHANISTAN CONFLICT: COVID-19 A New Variable – [EDITORIAL]
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 & Aman Vijay Bhatt In the first part of this bipartite blog series, the authors take a gestalt perspective of the worldwide instances of unprepared biodefense that exposed during this virus spread. The authors discuss the compelling concern of the virus spread resulting in inhumane treatment for the patient and how this could be mitigated if the nations prepared better with the more … Continue reading COVID-19 AND BIO-DEFENCE: Can we prepare better? – [PART -I]
-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]
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 Ayushi Bhutra The world is facing the threat of an unprecedented Corona Virus which has proved to be fatal for the economy as well as human life. The world is desperately waiting for a vaccine that cures and treats the patients affected by this virus. In light of this, the countries such as China, U.S., Germany etc. are rigorously trying to develop a vaccine for … Continue reading PATENTS FOR VACCINES IN THE COVID-19 SITUATION: An Economic Analysis
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 Pranshu Raghuvanshi There exists a vast scope of saving in rural areas. The only thing which inhibits these savings is the absence of avenues to save. The potential of savings in unbanked areas can be seen in the form of incomplete houses. Poor people tend to save by building a house in parts. When they have excess money the build an additional wall or a … Continue reading SELF HELP GROUPS: An Escape Route From Poverty Trap
-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 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 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 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]