Constitutional Law, Information Technology, International Law, Posts

A Discourse on Global Takedowns vis-a-vis X v. Union of India

In this post, the authors attempt to highlight the positive and negative effects of the recent judgement of X v. Union of India vis-a-vis global blocking. The authors discuss the right to be forgotten, in relation to global blocking, and the implications therein. Finally, the authors lay down their suggestions, citing the requirement for legislation which deal in particular with this concept, in order to avoid arbitrariness, and to ensure that justice is upheld.
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Criminal Law, Criminal Procedure and Evidence

To Repair a Damaged Rape-Shield

In this post, the author discusses rape-shield laws and how the recent Tarun Tejpal v. State of Goa judgment has wide implications for the confidence that survivors place in the justice system. The author also discusses the revictimisation of rape survivors, the need for reinforcing India’s rape shield laws, and how inspiration for the same may be drawn from other jurisdictions. Continue reading To Repair a Damaged Rape-Shield

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Constitutional Law, Criminal Procedure and Evidence

Computing the Time Period u/s 167(2)(a) CrPC – An Ongoing Judicial Conundrum

In this post, the author analyses how there has been a diverging view of opinion regarding the calculation of time u/s 167(2)(a) of the CrPC available to complete the investigation, which has been a source of contention for a long time. The author also discusses why this is a cause of concern and suggests measures to resolve this issue so that courts may apply the law uniformly across the country. Continue reading Computing the Time Period u/s 167(2)(a) CrPC – An Ongoing Judicial Conundrum

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Constitutional Law, Criminal Law, Foreign Law, Human Rights, International Law, Posts

Ghana’s Homophobic and Heteronormative Colonial Laws: An International Law Perspective

In this post, the authors delve into the veracity behind Ghana’s legal regime on LGBTQ+ rights. They attempt to do this by scrutinising its legal framework, the influence of its socio-religious fabric on the same, and its international legal obligations. The authors argue that LGBTQ+ rights, as opposed to ‘special rights’, are inherently embedded in the body of international human rights. Further, they argue that there is ample room in the Ghanaian Constitution to honour and import the construction of ‘sex’ and ‘gender’ to include sexual orientation and gender identity as per the international standards. Continue reading Ghana’s Homophobic and Heteronormative Colonial Laws: An International Law Perspective

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Constitutional Law, Human Rights, Public Policy

Conversion Therapy in India: In Light of Sushma v. Commissioner of Police

In this post, in light of a recent judgment from the Madras High Court, the author critically analyses the practice of conversion therapy and the severely adverse impact it has left on the LGBTQIA+ community. The author also expounds upon the grounds on which it could be banned in India as per precedents, existing laws and conventions, and by taking inspiration from countries which have successfully banned this social evil. Continue reading Conversion Therapy in India: In Light of Sushma v. Commissioner of Police

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Constitutional Law, Criminal Law, Posts

Supreme Court’s Vinod Dua Verdict: Significant Victory for Freedom to Dissent or Missed Opportunity?

In this post, the author explains the rationale behind the Supreme Court’s recent decision to acquit veteran journalist Vinod Dua in a sedition case against him. Further, the author demonstrates the inadequacy of protection conferred against prosecution for sedition under Section 124A of Indian Penal Code, 1860, by the Vinod Dua verdict, and highlights ongoing litigation which could pave the way for ridding India of its oppressive sedition law. Continue reading Supreme Court’s Vinod Dua Verdict: Significant Victory for Freedom to Dissent or Missed Opportunity?

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Criminal Law, Posts

A Stand-Up Comedian and His Criminal Liability Owing to Jokes Insulting Religious Beliefs of a Community

In this article, the authors argue that the jokes of a stand-up comedian, made merely to entertain people cannot always be regarded to be of such nature which could qualify the ingredients of an offence of hurting religious sentiments defined under Indian Penal Code, 1860. With the help of judicial precedents, the authors identify different categories of blasphemy and identify the instances in the which a person be made liable, with a specific emphasis on stand-up comedy.
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Company Law, Corporate Restructuring and Insolvency, COVID-19, Finance & Banking, Posts

PRIRP for MSME Sector: Revisiting the scope of resolution applicants Under Section 29A

In this post the author discusses the Pre-Packaged Insolvency Resolution Process (PRIRP) introduced recently by the government for MSMEs with a minimum default of Rs. 10 lakh and a maximum of Rs. 1 Crore. The author presents an analysis of the various statutes and legal provisions that come into play and suggests changes to facilitate the process for smoother insolvency resolution. Continue reading PRIRP for MSME Sector: Revisiting the scope of resolution applicants Under Section 29A

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Antitrust Law, Company Law, Contract Law, Information Technology, International Law, Posts

Time To Play Fair Vis-a-Vis Spotify vs Apple

In this post the authors discuss the recent investigation by the European Commission in the matter of Spotify v. Apple, which has resurfaced the issue of the dominance established by the few Big Technologies. Efforts made by the competition regulators in European Union, the United States, United Kingdom and India to reduce this Big Tech dominance have so far been abortive. This article delves into the unsolved ambiguities in this area in the backdrop of the Spotify v. Apple case. Continue reading Time To Play Fair Vis-a-Vis Spotify vs Apple

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