The second part of the series uses Ronald Dworkin to elaborate upon how constitutional rights would function as limitations that must be observed by courts to ensure that the interpretive discourse retains ‘justice-qualities’ in the light of broad and vague provisions of the Goonda Act. Continue reading Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 2)
This blog series throws light upon the controversy surrounding ‘Lakshadweep Prevention of Anti-Social Activities Regulation 2021’ using the understanding of the core and penumbra. The first part of the series shows how open texture inhabits most of the provisions of the Goonda Act and how it can prejudice the adjudication process. Further, the first part shows that reversion to ‘rights’ as indicators of ‘justice-quality’ of judicial discourse is apt in ‘Hard Cases’ in the backdrop of the Goonda Act. Continue reading Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 1)
In this second part of the series, the author presents their conclusion on the topic. Continue reading Conferment of designation of Senior Advocate: Are the Indira Jaising guidelines enough? (Part 2)
In this post, the author takes a look at the procedure of designation of Senior Advocates in the pre-Indira Jaising era, then proceeds to venture into the debate surrounding the designation itself and finally analyses the current position of law in the post-Indira Jaising era. Continue reading Conferment of designation of Senior Advocate: Are the Indira Jaising guidelines enough? (Part 1)
In this post, the authors explore the various provisions of the proposed The Uttar Pradesh Population (Control, Stabilisation and Welfare) Bill, 2021, and analyse it from constitutional and sociological perspectives. The authors conclude with their take on the need, legality and effectiveness of the proposed measures. Continue reading The UP-Draft Population Control Bill: An Archetype of Misguided Policy-Making
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.
Continue reading A Discourse on Global Takedowns vis-a-vis X v. Union of India
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
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
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
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?