INTRODUCTION Since the introduction of the Citizenship Amendment Bill in the Parliament in December 2019, thousands of people around the country have taken to the streets to voice their concerns against its introduction. The same has been met with a ruthless crackdown by the State. Various states have either arrested the protestors or imposed prohibitory orders under Section 144 of the Code of Criminal Procedure … Continue reading Call for Blogs: Blog Symposium 1.0: Building a Healthy Mechanism for Countering Law and Order Problems in India
In this post, Harsh Dhiraj Singh attempts to critically analyse the judgment in Swami Ramdev v. Facebook, Inc. in light of the principle of comity of courts, lays down its ramifications and proposes the way courts should opt while dealing with situations where balancing of rights is needed. Continue reading Baba Ramdev v. Facebook, Inc.: Setting a Wrong Precedent on Global De-Referencing
In this post, Merrin Muhammed Ashraf throws light on the Tamil Nadu Government’s Order which banned sex-reassignment surgery on intersex children. With the help of jurisprudence of UN Convention on Rights of Child and the US Courts, Merin argues in favour of the ban. Continue reading Ban on Sex-Reassignment Surgery on Intersex Children: Resolving the Conflict Between Parental Consent and the Doctrine of Parens Patriae
In this post, Priyadarsini seeks to explore the extent up to which the actions of State in the name of “data protection” can go against the ease to trade or investment with the help of several case laws and the GATS treaty. She, further, explains the situation prevailing in different parts of the world and identifies the loophole against which the law needs to be revised. Continue reading Are Data Protectionist Measures Trade/Investment Barriers?
In the latest post, Aastha Agarwalla attempts to analyse the latest amendments to the Indian Stamp Act, 1899, by outlining their objectives, predicts the possible outcomes of the change in the stamp duty regime and concludes by appreciating the amendments in the light of a sluggish economy. Continue reading Decoding the Amendment to the Indian Stamp Act, 1899
In this post, Tanishk Goyal seeks to criticise the immunisation of the individual judges from public scrutiny or criticism along with the absolute exemption of the Judges of the Courts of Record from the purview of the Contempt of Courts Act, 1971. He further suggests a framework which harmoniously construes the Contempt of Courts Act, 1971 with the contempt provisions thus, placing the seat of justice of the lower and higher judiciary, at an equal pedestal when it comes to matters of criminal contempt. Continue reading Initiation of Proceedings for Criminal Contempt of Court: Where to Draw the Line?
In the concluding post of the two-part blog series on the inadequacy of the purity-pollution analysis of untouchability, Uttara Vijayakumar examines how the prohibition of discrimination based on race and place of birth is also underwritten by notions of supremacy and inferiority, thus culling out notions of supremacy and inferiority as the scheme of Article 15(2). Continue reading Untouchability: The Inadequacy of Purity-Pollution Analysis: Part II (Discrimination on Grounds of Race and Place of Birth)
In the first post of the two-part blog series on the inadequacy of the purity-pollution analysis of untouchability, Uttara Vijayakumar sheds light on the inadequacy of restricting the definition of untouchability to only those instances of social exclusion based on purity and pollution, and consequentially the need to include social exclusion based on arbitrary notions of supremacy and inferiority under Article 17. Continue reading Untouchability: The Inadequacy of Purity-Pollution Analysis: Part I (Social Exclusion based on Supremacy-Inferiority as Untouchability)
In this post, Saket Agarwal attempts to assess the liability of the endorser of a brand while appreciating the recently passed Consumer Protection Bill, 2019, questions the extent of the penal provisions introduced and identifies gaps that are required to be filled in order to render the same foolproof. Continue reading Liability of the Endorser of a Brand in Light of the Consumer Protection Bill, 2019
In this post, Gaurav Puri seeks to discuss the anomalies of the Muslim Women (Protection of Rights on Marriage) Act 2019. In the same context, he discusses the features of the Act and analyses its constitutionality with respect to the three constitutional tests under Article 14. Continue reading The Muslim Women (Protection of Rights on Marriage) Act, 2019: An Evaluation through Article 14